11,309 result(s)
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1,501.
Telecommunications Workers Union v. Canada (Canadian Radio-Television and Telecommunications Commission) - 2003 FCA 381 - 2003-10-20
Federal Court of Appeal Decisions[10] In response, the CRTC issued Public Notice CRTC 1994-130, which provided, "[t]he government's goal is to preserve and expand fair competition... [...] Since section 47 deals with the affordability of rates, which is one of the objects of the Act, this test is clearly met. [...] Section 16.1 deals with the provision of French-language Canadian programming services.
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1,502.
Haba v. Canada (Citizenship and Immigration) - 2017 FC 732 - 2017-07-27
Federal Court DecisionsB. There is no breach of procedural fairness [26] Second, Mr. Haba submits that the citizenship judge breached his right to procedural fairness and breached the principles of fundamental justice. [...] The principle of procedural fairness protects individuals and allows the Court to intervene if needed, when a decision does not respect a person’s right to a fair and equitable proceeding. [...] Furthermore, in every regard, the citizenship judge satisfied all the requirements of procedural fairness in dealing with Mr. Haba’s application.
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1,503.
Canada (Minister of Citizenship and Immigration) v. Bhagwandass - 2001 FCA 49 - 2001-03-07
Federal Court of Appeal DecisionsThe principle issue before Justice Gibson related to the scope of the Minister's duty of fairness in the context of danger opinions. [...] After the decision of Justice Gibson was rendered, a number of decisions were issued in the Trial Division dealing with the same question. [...] Neither Williams nor Baker deals with the extent of the obligation of a decision maker to disclose to the person affected by the decision the documents to be relied upon so that the person has an opportunity to respond.
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1,504.
Canada (Attorney General) v. Robitaille - 2011 FC 1218 - 2011-10-27
Federal Court Decisions228. (1) L’arbitre de grief donne à chaque partie au grief l’occasion de se faire entendre. [...] By letting the employer choose the expert, the adjudicator sought to ensure a fair and non-excessive assessment. [...] The applicant contends, in particular, that, in The Attorney General of Canada v. Bédirian, 2007 FCA 221, at paragraph 24, it is indicated that a duty of good faith and fair dealing does not constitute an independent wrong giving rise to punitive damages.
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1,505.
Wisdom v. Air Canada - 2017 FC 440 - 2017-05-02
Federal Court DecisionsThe Commission explained that a report would be prepared to assist with its decision whether to deal with the complaint and sought submissions from the parties on this issue. [...] F. Did the Commission err in adherence to principles of natural justice and procedural fairness by failing to provide adequate reasons for its decision? [...] Commission to deal with complaint 41 (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that
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1,506.
Gligbe v. Canada - 2015 FC 1265 - 2015-11-12
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] They are entitled only to a procedurally fair release. Where a release does not comply with the mandatory regulatory regime, the grievance process can be procedurally curative. [...] This is unnecessary when dealing with a motion to strike a statement of claim.
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1,507.
Cushman & Wakefield Inc. v. Wakefield Realty Corp. - 2004 FC 210 - 2004-02-09
Federal Court DecisionsAs for section 6(5)(e) of the Act, I consider that there is a fairly high degree of resemblance in all respect between the marks at issue. [...] The Registrar did not give that circumstance a great deal of weight, but nevertheless said: [...] [30] Cushman & Wakefield filed a great deal of additional evidence in appeal.
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1,508.
Genex Communications Inc. v. Canada (Attorney General) - 2005 FCA 283 - 2005-09-01
Federal Court of Appeal Decisions(b) right to a hearing, procedural fairness and the CRTC's 155 rules of procedure [...] (a) Block I, which deals with breaches of the principles of natural justice: it relates to question 11; [...] I listed them at the very beginning of these reasons and in the part dealing with decision 271.
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1,509.
Rotary Air Force Management Inc. v. M.N.R. - 2001-01-23
Tax Court of Canada JudgmentsOnce so satisfied, then it could be concluded that the parties were dealing with each other at arm's length. [...] If it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme. [...] That form of salary catch-up would not normally be expected where persons were dealing at arm's length.
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1,510.
Brokenhead First Nations v. Canada - 2009 FC 982 - 2009-09-30
Federal Court DecisionsIn making and applying treaties, the Crown must act with honour and integrity, avoiding even the appearance of “sharp dealing” (Badger, at para. 41). [...] The process carries on through the implementation of that treaty and is guided by a duty of honourable dealing. [...] [24] Therefore, in its dealings with the Applicant First Nations, and in particular with the Brokenhead and Peguis First Nations, I find that Canada had a duty to consult.
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1,511.
Law Society of Upper Canada v. Canada (Citizenship and Immigration) - 2008 FCA 243 - 2008-07-18
Federal Court of Appeal Decisions91. Les règlements peuvent prévoir qui peut ou ne peut représenter une personne, dans toute affaire devant le ministre, l’agent ou la Commission, ou faire office de conseil. [...] 91. Les règlements peuvent prévoir qui peut ou ne peut représenter une personne, dans toute affaire devant le ministre, l’agent ou la Commission, ou faire office de conseil. [...] [65] Section 5.1 of CSIC’s Rules of Conduct deal with members’ duty of confidentiality.
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1,512.
Les Laboratoires Servier v. Apotex Inc. - 2007 FC 837 - 2007-08-10
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] • When fairness dictates that the original result should not be binding in the new context. [...] Fairness to the patent system in such a context dictates that such questioning be prevented.
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1,513.
Carlson v. The Queen - 2000-09-05
Tax Court of Canada JudgmentsThe line of cases deals with situations in which statutory time limits have been held to not be a bar to proceedings being commenced. [...] [15] In K. (M.) v. H. (M.), [1992] 3 S.C.R. 6, in dealing with a case of incest, LaForest J. enunciated the rule as follows: [...] In most cases, they involve a taxpayer already dealing with Revenue Canada by way of a tax return of some nature.
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1,514.
Tsigehana v. Canada (Citizenship and Immigration) - 2020 FC 426 - 2020-03-27
Federal Court DecisionsI am not persuaded that a breach of procedural fairness occurred in this case. [...] [29] In this case, Ms. Tsigehana did not bring forward any new evidence before the RAD dealing with the alleged errors of interpretation. [...] Furthermore, in all respects, the RAD met the procedural fairness requirements in dealing with Ms. Tsigehana’s application and I am not persuaded that the alleged errors in interpretation amounted to a breach of procedural fairness requiring the Court’s intervention.
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1,515.
Smith v. Canada (Attorney General) - 2020 FC 996 - 2020-10-22
Federal Court Decisions[8] He began the process of applying for OAS benefits by reviewing the Government of Canada’s websites dealing with OAS Act—the Service Canada Website. [...] [30] I will deal with the Applicants’ issues as follows: A. Did the Minister fail to observe a principle of natural justice or duty of procedural fairness; and [...] B. Did the Minister fail to observe a principle of natural justice or duty of procedural fairness?
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1,516.
Richard v. The Queen - 2011 TCC 136 - 2011-03-03
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (b) at all material times the Appellant was not dealing at arms length with Brenda; [...] Indeed, when a taxpayer transfers property to a person with whom he or she is not dealing at arm's length for a consideration that is less than the fair market value of the property, the taxpayer is diminishing his or her assets by an amount that could be used to pay off his or her tax debt.
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1,517.
Karakachian V. Canada (Citizenship and Immigration) - 2009 FC 948 - 2009-09-22
Federal Court DecisionsConsequently, I am of the opinion that the applicant’s right to procedural fairness was infringed. [...] [51] It would technically not be necessary for me to deal with the submissions of the two parties with respect to section 16 of the Act, given my findings concerning paragraph 34(1)(f). [...] [52] Subsection 16(1) of the Act provides that an applicant must act transparently and in good faith in his dealings with the Department’s representatives.
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1,518.
KMW Services Inc. s/n KMW Health And Critical Care v. M.N.R. - 2008 TCC 410 - 2008-07-14
Tax Court of Canada JudgmentsAnd he said that, having received these in early September, he decided to apply to the Fairness Committee of the Canada Revenue Agency with respect to the interest component of the assessments. [...] And in early October, he received a response from the Fairness Committee, the gist of which was that they would grant him no relief from the interest. [...] [14] If there were an application before the Minister by way of appeal, and the Minister failed to deal with it, this court still could not offer a remedy.
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1,519.
Society of Composers, Authors and Music Publishers of Canada v. 960122 Ontario Ltd. - 2002 FCT 985 - 2002-09-02
Federal Court DecisionsRule 50 deals with the jurisdiction of the prothonotaries and Rule 51 provides for appeals of prothonotaries' orders to a judge of the Trial Division of the Federal Court. [...] • 9. I am of the view that Rule 51 dealing with appeals of Prothonotaries' orders has no applicability to the within proceeding since we are dealing with the order of a referee. [...] (2) L'arbitre ne peut faire incarcérer une personne ni faire exécuter une ordonnance de contrainte par corps.
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1,520.
Hennessey v. Canada - 2014 FC 286 - 2014-03-24
Federal Court DecisionsA. Keep in mind, I’m trying to be fair here now. Most times we were–I mean, 96 percent of the time we had it perfect. [...] We had asked for - we had advised Mr. Hennessey we couldn't accept a bulk fairness. [...] [136] In my view, the CRA’s conduct was fair, responsible and reasonable throughout.
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1,521.
Angeles v. Canada (Citizenship and Immigration) - 2009 FC 744 - 2009-07-22
Federal Court Decisions[20] In written arguments the Applicant also raised procedural fairness issues. [...] [31] The Respondent says that when dealing with the duty of fairness for determining visa applications, the Court must guard against imposing a level of procedural formality that, given the volume of applications that officers are required to process, would unduly encumber efficient administration. [...] This brings upon procedural fairness issues that I have reviewed on a standard of correctness.
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1,522.
Canada v. Garber - 2008 FCA 53 - 2008-02-12
Federal Court of Appeal DecisionsI am satisfied that Bellfield’s position in that regard was fully and fairly put to the jury. [...] By justice, I refer to procedural fairness, the achieving of the correct result in individual cases and the broader perception that the process as a whole achieves results which are consistent, fair and accurate. [...] At paragraphs 46 and 47 of his Reasons, he deals with questions 1 to 4 in the following terms:
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1,523.
Canada (Attorney General) v. Herrera-Morales - 2017 FCA 163 - 2017-08-01
Federal Court of Appeal DecisionsUnder Part IV, the holding of a hearing is now discretionary and new sections have been added to deal with probationary members (sections 9.3 and 9.4). [...] Hence, the administrative decision-maker did not deal with this argument and the issue should not have been considered by the Federal Court. [...] c) recommander de le faire bénéficier des conseils d’un spécialiste;
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1,524.
Rosenberry v. Canada (Citizenship and Immigration) - 2012 FC 521 - 2012-05-03
Federal Court DecisionsOfficer Breached Procedural Fairness [74] The Applicants also say the Officer breached their right to procedural fairness because he was biased. [...] He wrote in a critical and harsh tone typical of matters dealing with misrepresentation or criminal convictions which was inappropriate in this case. [...] He did not, so he breached their right to procedural fairness. Costs
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1,525.
Canadian Union of Postal Workers v. Canada Post Corporation - 1998-07-27
Federal Court Decisionsd) de faire rapport au ministre lorsque toutes ces questions sont réglées. [...] The duty to act fairly includes the duty to provide procedural fairness to the parties. [...] Marshall disputes L"Espérance"s version of the conversation dealing with these three matters.