11,309 result(s)
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1,651.
Canada (Attorney General) v. Sketchley - 2005 FCA 404 - 2005-12-09
Federal Court of Appeal Decisions[26] The Report provides the history of the respondent's dealings with the appellant from the time her medical problems began. [...] Similarly, one cannot conclude that the same standard of review will necessarily apply to all aspects of a Commission's decision, especially if (as in this case) the Commission is dealing with multiple complaints at once. [...] Procedural fairness concerns the manner in which the decision is made.
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1,652.
Lill v. Canada (Attorney General) - 2020 FC 551 - 2020-04-24
Federal Court DecisionsSimilarly, rules 234 to 248, which deal with examinations for discovery, may lead to orders for disclosure of documents following an examination. [...] [72] The duty to act fairly does not relate to the merits or content of a decision rendered, but rather to the process followed. [...] At no time does Justice Martineau deal with events that may have occurred following Mr. Lill’s transfer in late November 2011.
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1,653.
E. Mishan & Sons. v. Supertek Canada Inc. - 2016 FC 613 - 2016-06-03
Federal Court Decisions[46] In this case, the Court is dealing with subsection 7(a) of the Trademarks Act, RSC 1985, c. T-13 which provides: [...] The Unfair Competition Act was a statutory code to provide for fair dealing in trade. [...] [57] First, I will deal with the decisions of the French and Netherlands Courts.
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1,654.
Jones v. Canada (Citizenship and Immigration) - 2022 FC 655 - 2022-05-04
Federal Court Decisions[19] Ms. Jones challenges both the substance of the decision and the fairness of the procedure followed by the Officer. [...] The burden is on Ms. Jones to demonstrate that the requirements of procedural fairness were not met. [...] In my view, the requirements of procedural fairness were not breached in either respect.
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1,655.
Scott v. The Queen - 2020 TCC 4 - 2020-01-10
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (iii) The parties are not dealing at arm’s length. This fact is undisputed in the present case. [...] As noted above, the Appellant argues that the fair market value of the loan is equal to the fair market value of the transferred property.
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1,656.
Canada (Attorney General) v. Momin Khawaja - 2007 FC 463 - 2007-04-30
Federal Court DecisionsIndeed in most cases it makes sense that the judge seized of the matter deal with any constitutional issues in the course of the proceedings, even where evidence may already have been heard ex parte on the merits. [...] Il peut en faire de même pour les personnes qu’il entend en application de l’alinéa 38.04(5)d). [...] [41] An additional procedural safeguard to protect the right of the accused to a fair trial is set out in section 38.14.
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1,657.
S.L. v. Canada (Attorney General) - 2017 FC 1130 - 2017-12-08
Federal Court Decisions[16] After being notified of the complaint, CIC initially raised objections to the Commission dealing with the complaint because the Officer’s decision was before the Immigration Appeal Division [IAD] of the Immigration and Refugee Board. [...] [19] The presiding judge determined that the unrepresented Applicant was denied procedural fairness because the CIC did not respond appropriately to the Applicant’s inquiries. [...] A. Procedural Fairness [28] As noted, the Applicant abandoned his procedural fairness arguments, with good reason in the Court’s opinion.
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1,658.
Wong v. Canada (Public Works and Government Services) - 2017 FC 633 - 2017-06-29
Federal Court DecisionsInitially, the Commission declined to deal with the complaint on the ground that the Applicant had grievance procedures available to her before turning to the Commission. [...] On August 7, 2013, the Commission agreed to deal with the Applicant’s complaint and, as empowered by paragraph 43(1) of the Act, assigned an investigator to the file [the Investigator]. [...] not believe that the Investigator’s decision to only interview two of the Applicant’s seven witnesses, in the absence of arguments indicating the “crucial” nature of those witnesses’ evidence or the Applicant’s inability to deal with that evidence in her responding submissions, amounts to a breach of procedural fairness.
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1,659.
Canada (Attorney General) v. Sam Lévy et Associés Inc. - 2005 FC 171 - 2005-02-03
Federal Court DecisionsThis being said, the statutory provisions at issue provide that the tribunal is not bound by any legal or technical rules of evidence in conducting the hearing, and that it shall deal with the matters set out in the notice of the hearing as informally and expeditiously as the circumstances and a consideration of fairness [...] a) peut faire prêter serment; (b) is not bound by any legal or technical rules of evidence in conducting the hearing; [...] (c) shall deal with the matters set out in the notice of the hearing as informally and expeditiously as the circumstances and a consideration of fairness permit; and
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1,660.
Girouard v. Canada (Attorney General) - 2018 FC 865 - 2018-08-29
Federal Court Decisions(2) Analysis of sections dealing with “inquiries concerning judges” in the JA 61 [...] [77] Part III of the JA deals with the administration of federal judicial affairs. [...] (2) Analysis of sections dealing with “inquiries concerning judges” in the JA
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1,661.
Duversin v. Canada (Citizenship and Immigration) - 2018 FC 466 - 2018-05-01
Federal Court DecisionsThey allege that this amounts to a breach by the RPD of its duty to act fairly. [...] [27] In my view, there was no breach of the principles of procedural fairness. [...] They merely dictate the attitude and open‑mindedness that immigration officers must demonstrate when dealing with such allegations of persecution.
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1,662.
Andryanov v. Canada (Citizenship and Immigration) - 2007 FC 186 - 2007-02-20
Federal Court DecisionsFor example, in Chapter 5: Immigrant Applications in Canada made on Humanitarian and Compassionate Grounds (IP5), the manual deals with the waiver of the passport requirement. [...] 1) Did the Immigration Officer breach the duty of procedural fairness by failing to provide adequate reasons? [...] A comparison with case law dealing with subsection 46.04(8) of the former Immigration Act, R.S.C. 1985, c.I-2 [Immigration Act] is instructive in both regards.
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1,663.
Annor v. Canada (Citizenship and Immigration) - 2007 FC 140 - 2007-02-07
Federal Court Decisions(1) Was it a violation of procedural fairness in this case to have five members of the IRB hear the case at different times? [...] [15] In any case, the applicant did not identify any prejudice able to justify a procedural fairness argument. [...] [18] In this case, member Ross considered a good deal of evidence, including the evidence from the applicant and her daughter.
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1,664.
Haggart v. The Queen - 2003 TCC 925 - 2004-01-16
Tax Court of Canada Judgments(b) - Re: Status of Reassessments issued under the Fairness Legislation [...] In his letter he stated that if the "appeals" could not be reopened that the request be forwarded to the Fairness Committee (Exhibit Q of Jackson Affidavit). [...] [41] Mr. Myres was not called to confirm or deny that he was acting as the Appellant's agent when he was dealing with officials of the CCRA on behalf of the Appellant.
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1,665.
Quele v. Canada (Citizenship and Immigration) - 2022 FC 108 - 2022-02-04
Federal Court DecisionsGiven this conclusion, I do not have to deal with Ms. Quele’s other arguments challenging the reasonableness of the Decision. [...] [19] I share Ms. Quele’s view that the RAD failed to deal reasonably with the Guidelines in its Decision. [...] It is true, as the Minister’s counsel noted, that the RAD went through the evidence of Ms. Quele’s date errors and took care to deal with them in detail.
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1,666.
Fomenky v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 1160 - 2018-11-16
Federal Court DecisionsIt was alleged that, in the course of his dealings with them, the applicant provided police with several false identities before finally disclosing his true identity. [...] This requires considering the fairness of the original proceeding and, even where the prior proceeding was conducted fairly and properly having regard to its purpose, whether it may nonetheless be unfair to use the results of that process to preclude the subsequent claim (Penner v Niagara (Regional Police Services Board), [...] A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void.
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1,667.
Access Information Agency Inc. v. Canada (Attorney General) - 2018 FCA 17 - 2018-01-18
Federal Court of Appeal Decisions- Did the Tribunal err in its assessment of GAC’s conduct in dealing with the complaint? [...] [40] The Tribunal did not ignore GAC’s lack of rigour in dealing with AIA’s complaint. [...] The failure to award costs in a case of divided success does not raise any procedural fairness issue.
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1,668.
Canadian Copyright Licensing Agency v. Business Depot Ltd. - 2008 FC 737 - 2008-06-13
Federal Court Decisionscopyright in a particular work or have the permission of the copyright owner to copy the work, that it is not necessary to have a license from Access Copyright to offer photocopying services to the public, and that any copying by Business Depot customers constituted fair dealing pursuant to section 29 of the Copyright Act. [...] [11] Finally, the Prothonotary also came to the conclusion that the press release did not amount to a threat to revert to the legal access directed to third persons dealing with the defendant’s product. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les marchandises ou les services d’un concurrent;
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1,669.
Rose v. The Queen - 2007 TCC 657 - 2007-11-01
Tax Court of Canada Judgments(i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] (d) at all material times, the Appellant and Hally Rose were not dealing at arm's length; [...] (e) at the time of the transfer, the fair market value of the Property was $140,000;
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1,670.
Canada (Minister of Citizenship and Immigration) v. Wahab - 2006 FC 1554 - 2006-12-22
Federal Court DecisionsThe Court will set aside the decision if the RPD breached its duty to act fairly (Canada (AG) v. Sketchley 2005 FCA 404). [...] [28] The Court must also carefully consider the other case law dealing with the former sections 62.2(2) and 62.3(5) and other aspects of the process they involved. [...] Why else would it only refer to a prima facie case and only deal with this issue under “Step Two”?
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1,671.
Elkayam v. Canada (Attorney General) - 2004 FC 909 - 2004-06-25
Federal Court Decisions[18] As required by the rules of procedural fairness, the investigation report of June 11, 2001, was given to the parties for comment. [...] He is accusing the Department of not having acted effectively to deal with the harassment to which he says he was subjected. [...] [37] I will deal briefly with the other points made by the applicant.
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1,672.
Brain Tumor Foundation of Canada v. Starlight Foundation - 1999-12-07
Federal Court Decisions(7) Il est fourni, de la manière prescrite, à l'opposant et au requérant l'occasion de soumettre la preuve sur laquelle ils s'appuient et de se faire entendre par le registraire, sauf dans les cas suivants_: [...] (7.1) Si, dans les circonstances prescrites, l'opposant omet de soumettre la preuve visée au paragraphe (7) ou une déclaration énonçant son désir de ne pas le faire, l'opposition est réputée retirée. [...] Consistent with his general authority to deal with all motions except those expressly excluded by Rule 50(1), in my opinion, it was not beyond that authority for the Prothonotary to deal with the motion in this case.
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1,673.
Mamut v. Canada (Citizenship and Immigration) - 2024 FC 536 - 2024-04-05
Federal Court DecisionsUnder IRPA section 87.1, the question to be answered is whether “considerations of fairness and natural justice require that a special advocate be appointed to protect the interests” of the applicants in any closed proceeding, including any closed proceeding dealing with the Minister’s objections to disclosure under IRPA [...] [32] The fact that the underlying proceedings are judicial rather than administrative does not necessarily entitle the applicants to a higher degree of procedural fairness than would be the case before an administrative decision maker dealing with the underlying matters – namely, the applications for permanent residence. [...] I also find that disclosure of the summary is warranted in the interests of fairness to Mr. Abdulahad.
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1,674.
Stukanov v. Canada (Attorney General) - 2019 FCA 38 - 2019-02-25
Federal Court of Appeal DecisionsWe also agree with the Federal Court (at para. 17) that there is no ground to interfere on the basis of procedural fairness. [...] The law is clear that we do not need to deal with these new issues: Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, [2011] 3 S.C.R. 654. [...] But we will deal with some of them in the interest of providing Mr. Stukanov with the fullest explanation why we must dismiss his appeal.
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1,675.
Dynamex Canada Inc. v. Mamona - 2003 FCA 248 - 2003-06-04
Federal Court of Appeal DecisionsDynamex promised to act fairly but reserved the right to allocate work as it saw fit among all drivers. [...] A referee was appointed under section 251.12 to deal with the appeal. [...] Part II deals with occupational health and safety. Part III (section 166 to section 267) deals with employment standards, including minimum standards for wages, vacations and holidays for employees.