11,309 result(s)
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1,701.
Patel v. Canada (Citizenship and Immigration) - 2017 FC 401 - 2017-04-24
Federal Court DecisionsThe GCMS notes also indicated that a procedural fairness letter had been sent and three responses were received, two of which requested an extension of the deadline for a response to the procedural fairness letter. [...] (2) Procedural Fairness [33] The Applicant cites several cases dealing with the principle of participatory rights as a principle of natural justice. [...] C. Procedural Fairness [87] The Applicant also says that the Visa Officer breached the principles of natural justice and fairness by failing to provide him with a further opportunity to provide further materials and arguments in response to “CIC’s putative allegations.”
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1,702.
Warman v. Canada (Human Rights Commission) - 2010 FC 680 - 2010-06-22
Federal Court DecisionsAttached to the affidavits is a great deal of material of the nature found by the Tribunal to comprise hate literature within the meaning of Section 13(1) of the Act. [...] Certainly, a great deal, if not all, of the material exhibited prima facie falls within paragraphs 93 and 140 of the Tribunal’s reasons for decision which read: [...] The Act, as originally enacted, did not explicitly deal with the Internet.
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1,703.
Brzezinska v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1182 - 2006-10-04
Federal Court Decisions[6] As a result, the PRRA process engaged by the Applicants called upon the PRRA Officer to fairly deal with the evidence and argument presented; that is, to make specific determinations as to whether, simply because of their Romany ethnicity, the Applicants would suffer more than a mere possibility of persecution and, on a [...] In the result, it is clear that the obligation to deal with the evidence and argument was not met. [...] [11] I find that the void found in the PRAA Officer’s decisions can be fairly characterized as a denial of natural justice; the Applicants were entitled to a reasoned decision on state protection on the evidence which they advanced, and which they did not receive.
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1,704.
Cohen v. Canada (Attorney General) - 2006 FC 608 - 2006-05-17
Federal Court DecisionsThe Public Service Commission in a letter dated July 5, 2005 took the position that the Commission should not deal with the complaint of May 9, 2005. [...] [3] The Applicant says that he is entitled to a duty of fairness, a right of “audi alterem partem” so that his side of the story may be heard. [...] In conducting itself in this fashion, the Commission breached a basic principle of procedural fairness and acted unfairly.
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1,705.
Pengelly v. Canada (Attorney General) - 2005 FC 693 - 2005-05-13
Federal Court Decisions[2] Until fairly recently, inmates were authorized to have approved personal computers. [...] CSC's resources are limited, and they are better able to deal with this reduced number. [...] Here we are dealing with security matters, as Mr. Montminy has explained in his affidavit.
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1,706.
Virgo v. Canada (Attorney General) - 2019 FCA 167 - 2019-05-31
Federal Court of Appeal DecisionsThe background shows that this Court has given Ade Olumide and Jennifer Virgo a full and fair opportunity to offer explanations for their conduct and to address the consequences of their conduct. [...] [13] One other preliminary issue needs to be addressed: the composition of the Court to deal with this matter. [...] For the following reasons, one judge of this Court can deal with this matter.
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1,707.
King v. Canada (Attorney General) - 2001 FCT 1407 - 2001-12-20
Federal Court DecisionsWas this fair? In lieu of these and other incidents, it is incumbent on all employees to protect themselves while performing their duties. [...] She conducted a 12 day hearing between October 1998 and November 1999 to deal with the Applicant's grievances and his complaint. [...] Unfortunately, her Decision did not deal with her conclusions about the Applicant's intention or about the meaning of output in the customs context.
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1,708.
Galehead Inc. v. Trinity (The) - 1998-11-03
Federal Court DecisionsTo date the Plaintiffs have provided a substantial affidavit of documents, several additional documents and an affidavit in opposition to this motion which counsel for the Plaintiffs submits deals with all of the requests of the Defendant Fast Trans. [...] [14] In addition, still dealing with the scope of production under the new rules, old Rule 448, as interpreted by the Federal Court, required the production of [...] Our Rules, former and present, deal with documents that are relevant to an action.
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1,709.
Alliance Pipeline Ltd. v. Fast - 2003 FCT 642 - 2003-05-23
Federal Court Decisionsd) un exposé des formalités destinées à faire approuver le tracé détaillé du pipeline; [...] This, in Alliance's view, makes their approach more suitable than the pattern of dealings approach adopted by the Committee. [...] The pattern of dealings approach ignores the inherent value of the lands being traversed.
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1,710.
Percival v. Canada - 2024 FC 824 - 2024-05-30
Federal Court Decisions[38] I appreciate that for Canada, as asserted by counsel, dealing with estate issues is complicated in the context of a national class, as estate issues are primarily under provincial jurisdiction. [...] [73] Overall, I am satisfied that both parties did their due diligence so as to be certain that they were coming to a fair and lasting settlement. [...] [89] For the reasons above, I am satisfied that the Settlement Agreement is fair and reasonable and in the best interests of the class as a whole.
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1,711.
Pratt v. Canada (Citizenship and Immigration) - 1997-04-30
Federal Court DecisionsPrinciples of natural justice or procedural fairness and the decision pursuant to s-s. 70(5) [...] Nor did the absence of reasons for the Minister's decision violate any principle of fairness or of natural justice. [...] This may be easy in some cases where the decision is patently perverse, patently unlawful as dealing with matters outside the jurisdiction of the decision-maker, or explicable only on the assumption of bad faith.
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1,712.
Chief v. Canada (Minister of Indian Affairs and Northern Development) - 2004 FC 1342 - 2004-09-30
Federal Court Decisions[27] On the issue of procedural fairness, the Minister states that the content of the duty of fairness varies from case to case and depends on the legislative scheme in question. [...] Given these factors, the Minister submits that as a low level of procedural fairness was required in the circumstances, no breach of fairness occurred. [...] [36] In the Siksika Nation's submission, it is significant that the Regulations do not establish an independent administrative tribunal to deal with alleged irregularities in referenda.
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1,713.
Shell Canada Limited v. The Queen - 2022 TCC 39 - 2022-03-31
Tax Court of Canada JudgmentsIndex and Fulcrum deal structure 114. Meeting Briefing Note 115. [...] 5. Protection of Fair Competition [29] In Resolve Business Outsourcing, the Nova Scotia Court of Appeal acknowledged that there is a public interest in fair competition. [...] • (e) the public interest of protecting fair competition. [58] Necessity
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1,714.
Sallai v. Canada (Citizenship and Immigration) - 2019 FC 446 - 2019-04-11
Federal Court Decisions[23] Issues of procedural fairness are reviewed on the correctness standard. [...] [25] The applicable standard of review for determinations whether to hold an oral hearing has been the subject of a great deal of jurisprudence. [...] [34] The Applicant submits that the Officer breached procedural fairness by failing to hold an oral hearing.
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1,715.
Oei v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 466 - 2002-04-26
Federal Court Decisions[13] The plaintiff submitted that there was no evidence in the record to suggest that any document whatever dealing with earlier years was requested of him. [...] Moreover, the officer's version is not specific on her attitude and does not deal with her conduct with the plaintiff on the day of the interview since she does not mention that she remembered it. [...] b) il a indiqué par écrit au ministre qu'il a fait ou a l'intention de faire un placement;
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1,716.
Murray v. Canada (Human Rights Commission) - 2003 FCA 222 - 2003-05-13
Federal Court of Appeal DecisionsIn particular, she alleged that the investigator had ignored evidence that she (Ms. Murray) had presented to the investigator, and that the investigator had failed to deal with her complaint of harassment. [...] Finally, Ms. Murray alleged that she had been denied the right to procedural fairness as a result of the unduly long time that had been taken to complete the investigation. [...] [5] Thus, for example, although the investigator's report did not deal specifically with Ms. Murray's complaint of harassment, Ms. Murray conceded that the facts upon which her complaint of harassment rested were essentially identical to those on which she based her claim of discrimination.
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1,717.
Sereiboth v. Canada (Citizenship and Immigration) - 2013 FC 736 - 2013-07-02
Federal Court DecisionsIndividuals must have a fair opportunity to make their case or their defence before an impartial decision maker. [...] [14] There was a great deal of confusion about the courtship in Vietnam. [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly.”
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1,718.
Barran v. Canada (Minister of Citizenship and Immigration) - 1999-02-24
Federal Court Decisions[14] In Chou v. Canada (Minister of Citizenship and Immigration) [1998] F.C.J. No. 819 (T.D.), Teitelbaum J. made the following comments regarding the duty of fairness on the visa officer: [...] "In the present case, I am satisfied the visa officer failed in her duty of fairness in not asking the applicant, after receiving the "insurance cards" to explain what the visa officer found to be a contradiction as to the work history of the applicant. [...] [16] In view of the above, it is my opinion that the case at bar does not deal with contradictory evidence which would trigger a duty to request supplementary information by the visa officer.
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1,719.
Hughes v. Canada (Attorney General) - 2010 FC 963 - 2010-09-27
Federal Court Decisions[8] In support of this application, dealing only with complaint 20050026, the Applicant filed two affidavits. [...] The duty of fairness in this case required a fair investigation, together with the opportunity for the complainant and the employer to present their cases. [...] The report failed to deal with all fundamental issues in the matter and was not sufficiently thorough.
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1,720.
Memon v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 908 - 2015-07-24
Federal Court Decisions[33] While it is obvious that prejudice by delay is a form of irreparable harm, the Applicant only deals with the prejudice required to demonstrate abuse of process as a factor under the serious issue step of the test. [...] [34] In my view, dealing with the prejudice issue under the serious issue analysis is insufficient for the purposes of establishing irreparable harm under the Toth test. [...] [62] In the face of the Agraira leave application, the CBSA decided to proceed with the new fairness letter in 2012.
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1,721.
Abdi v. Canada (Attorney General) - 2012 FC 642 - 2012-05-25
Federal Court DecisionsBecause the decisions rendered in the three files are nearly identical and the same circumstances gave rise to the three decisions, these reasons deal with all three applications for judicial review, and a copy of these reasons shall be placed in each file. [...] A further comment, dealing with the repeated requests made by counsel for the applicant for disclosure of the documents relied upon by Passport Canada, imputes improper motives to counsel. [...] The requirements of Procedural Fairness in Adjudications under the Order
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1,722.
Dhaliwal v. Canada (Attorney General) - 2021 FC 1480 - 2021-12-29
Federal Court DecisionsOn issues of procedural fairness, the standard of review is correctness. [...] More precisely, whether described as a correctness standard of review or as this Court’s obligation to ensure that the process was procedurally fair, judicial review of procedural fairness involves no margin of appreciation or deference by a reviewing court. [...] [13] The Respondent indicated that they need guidance on how to deal with these types of cases, as all they have is the case of Canada (Attorney General) v Buffett, 2007 FC 1061 [Buffett] by Justice Harrington.
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1,723.
Aronson v. Canada (Attorney General) - 2021 FC 1451 - 2021-12-23
Federal Court DecisionsThe Respondent submits that the CRA’s decision was reasonable and that procedural fairness was not breached. [...] [28] The one major deficiency in my view is its lack of specificity with respect to the alleged breach of procedural fairness. [...] [40] The Respondent’s submission is consistent with the approach that this Court has adopted in reviewing decisions dealing with remission requests.
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1,724.
Canadian National Railway Company v. Louis Dreyfus Commodities Canada Ltd - 2016 FC 1190 - 2016-10-25
Federal Court DecisionsHe concluded that this outcome was commercially fair and reasonable to the parties, referring to section 169.38 of the Act. [...] As the arbitrator was dealing with a matter of “interest arbitration” rather than “rights arbitration”, the decision merits considerable deference (Public Service Alliance of Canada v NAV Canada, 2015 ONSC 1407 (Div Ct)). [...] • Rationing should be a last resort for dealing with unexpected demand surges;
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1,725.
McCallum v. Peter Ballantyne Cree Nation - 2016 FC 1165 - 2016-10-19
Federal Court Decisions[13] On the same day, Chief Peter A. Beatty handed over the PBCN Urban Members’ Petition to the Council of Elders, and instructed them to deal with it. [...] [32] The respondent also rejects Mr. McCallum’s argument that a fair notice to the potential Electors would be required in a fair and just process and distinguishes Metansinine from the present case. [...] [33] On the second issue, the Council of Elders submits that section 12 of the Election Code confers the power to hear and decide upon a complaint, and such power was upheld when Chief Beatty requested the Council of Elders to deal with the Petition.