11,311 result(s)
-
2,101.
Jaballah v. Canada (Minister of Citizenship and Immigration) - 2004 FC 299 - 2004-02-27
Federal Court DecisionsI deal with each of those requirements after reviewing the evidence adduced at the hearing. [...] I deal with them in terms outlined by his counsel at the hearing, and my conclusions and reasons are thereafter briefly set out for each of them. [...] As for the fairness of the process generally, it is consistent with constitutional principles (see Ahani (1995, McGillis J.), supra and Charkaoui, supra).
-
2,102.
Canada (Citizenship and Immigration) v. Oberlander - 1997-12-23
Federal Court DecisionsThat the applicant"s proposed procedure violates the rules of natural justice and fairness. [...] [53] Part I of the Rules consists of Rules 1 through 5, and deals with such things as definitions and computation of time. [...] The December hearing was intended to deal with all outstanding motions so as to allow for the s. 18 reference to proceed without further delay.
-
2,103.
Sylvain v. Canada (Attorney General) - 2004 FC 1610 - 2004-11-17
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; [...] (3) Le membre d'un groupe de personnes qui introduit une action au nom du groupe présente une requête en vue de faire autoriser l'action comme recours collectif et de se faire nommer représentant demandeur. [...] [29] The plaintiff alleged that the insufficiency of public services (health, supervision, inspection) and the defendants' laxity in dealing with producers and processors of poultry products caused him psychological and physical damage.
-
2,104.
Fourth Maritime Operations Group v. Anderson - 1996-10-24
Federal Court of Appeal Decisions4. Given the fact that the Investigating Officer and the Regional Social Work Officer came to the same conclusion, on completion of interviews with MS and Mrs. Rodighiero, I am satisfied that your dealings with MS Rodighiero and his wife constituted harassment. [...] As to procedural fairness, you were clearly aware of the matters being considered by the investigating officer and had adequate opportunity to respond. [...] Procedural fairness does not require, in these circumstances, the right to cross examine or the right to legal representation.
-
2,105.
Mega International Commercial Bank (Canada) v. Canada (Attorney General) - 2012 FC 407 - 2012-04-11
Federal Court Decisionsb) Was the Commissioner’s decision made without according the Appellant procedural fairness? [...] The only question with respect to which there is a disagreement, therefore, is the one dealing with the defence of due diligence. [...] [29] The doctrine of legitimate expectations is an element of the principle of fairness.
-
2,106.
Kainth v. Canada (Citizenship and Immigration) - 2009 FC 100 - 2009-01-30
Federal Court DecisionsIt also deals with the fact that he had been locked in a waiting room for several hours. [...] [56] This points towards a minimal duty of fairness. B. The nature of the statutory scheme and the importance of the decision [...] This points to a low duty of fairness. [58] The applicant says that because, pursuant to s. 101 of IRPA [sic] (in fact subs. 99(3) of IRPA), he is precluded from making a refugee claim by the very issuance of the removal order, the duty of fairness here should be greater.
-
2,107.
Marchand syndics nc. v. Laperrière - 2006 FCA 368 - 2006-11-10
Federal Court of Appeal Decisions(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 [...] The alleged breach of procedural fairness [13] The appellants submit that the directions for conservatory measures were issued in breach of the rules of procedural fairness and fundamental justice. [...] [5] We consider that there is no merit in the appellants’ argument that the Superintendent failed to observe the rules of natural justice in dealing with them.
-
2,108.
Produits Forestiers Donohue Inc. v. The Queen - 2001-06-13
Tax Court of Canada JudgmentsHowever, DMI's shares were actually sold by DSF to Cèdrico, a corporation which DSF did not control and with which it was dealing at arm's length. [...] (i) the fair market value of the particular property at the time of the disposition, and [...] (iii) the fair market value, immediately after the disposition, of all shares of that class so owned by him,
-
2,109.
Hitti v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1256 - 2006-10-20
Federal Court DecisionsFurthermore, the Applicants submitted in their PIF that there were so many incidents in the Arab Muslim neighbourhood that the police were unable to deal with them. [...] While I am not bound by the decisions of other judges of this Court, judicial comity suggests that I should exercise restraint when dealing with legal issues which my colleagues have previously decided. [...] [67] Obviously, as the above quotations make clear, the conflicting decisions on the issue of the fettering of discretion had a great deal to do with the actual evidence before each judge on this issue.
-
2,110.
Guérin v. Canada (Attorney General) - 2018 FC 94 - 2018-01-29
Federal Court DecisionsIt is preferable to deal with the matter based on the principles of fundamental justice that this practice would involve. [...] As indicated by its title, Part III of the Code deals with standard hours, wages, vacations and holidays. [...] An unreasonable decision or one which violates the rules of procedural fairness can still be challenged.
-
2,111.
Canadian Imperial Bank of Commerce v. The Queen - 2013 TCC 170 - 2013-02-15
Tax Court of Canada Judgments[28] As a result of the affidavits there is a fair amount of supporting material before me. [...] [articulate] what documents it would like to obtain through full disclosure, how they are relevant, and why they are necessary for a fair and efficient hearing of the matter”.[20] [...] I shall deal below with Long v. The Queen, 2010 TCC 197, aff’d 2011 FCA 85, leave to appeal to the Supreme Court of Canada refused.
-
2,112.
Canada (Attorney General) v. Amnesty International Canada - 2009 FC 918 - 2009-09-16
Federal Court Decisions[...] g. faire respecter la loi; [...] i. arrêter ou détenir des personnes. [...] As far as I am aware, this is the first case dealing with the Commission. [...] The obligation to give reasons is a requirement of procedural fairness.
-
2,113.
Otterburn Park (City) v. Canada (Attorney General) - 2019 FC 1571 - 2019-12-09
Federal Court DecisionsVIII. Procedural fairness [67] The duty of procedural fairness is flexible and variable, depending on the context of the particular statute and the rights affected. [...] That is clearly a breach of procedural fairness. IX. No effective remedy in the circumstances [...] [78] Admittedly, there may have been a breach of procedural fairness.
-
2,114.
Sam Lévy & Associés Inc. v. Mayrand - 2005 FC 702 - 2005-05-16
Federal Court Decisions(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 [...] [61] It was in 1923 that the Government of Canada, for the first time, tried to deal with certain problems relating to trustee practice. [...] 14.02(1)(b) and (c) of the Act clearly state 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 permit".
-
2,115.
Shirt v. Saddle Lake Cree Nation - 2017 FC 364 - 2017-04-12
Federal Court DecisionsFurther, they say that the election committee has evolved out of necessity to deal with nomination protests since as early as 1984 when Canada advised SLCN that election disputes had to be resolved internally. [...] There had to be a method of dealing with nomination protests; the method they chose was through the election committee and their decisions were reasonable. [...] Any process chosen by the band must be procedurally fair including a transparent process known to all members.
-
2,116.
Alkoka v. Canada (Attorney General) - 2013 FC 1102 - 2013-10-28
Federal Court Decisions[9] Following further submissions by the parties, the Commission rendered its decision, on June 29, 2011, to deal with only the alleged discriminatory conduct of December 2008 (the “Section 40/41 Decision”) which noted: [...] The applicant’s position is that information about the RCMP’s involvement with him is not irrelevant or beyond the scope of consideration simply because the Commission decided to only deal with the December 16, 2008 incident. [...] These decisions are to the effect that procedural fairness requires that the Commission have an adequate and fair basis upon which to evaluate whether there was sufficient evidence to warrant the appointment of a Tribunal.
-
2,117.
Pilotes du Saint-Laurent Central Inc. v. Laurentian Pilotage Authority - 2002 FCT 846 - 2002-08-08
Federal Court DecisionsSection 15 of the Act deals with the employment of pilots by an Authority: [...] 3) que la partie contre laquelle la sentence est invoquée n'a pas été dûment informée de la désignation d'un arbitre ou de la procédure arbitrale, ou qu'il lui a été impossible pour une autre raison de faire valoir ses moyens; (4) the award deals with a dispute not contemplated by or not falling within the terms of the [...] [43] The reader cannot fail to see that clause 7.03 deals with certain circumstances not covered in section 35.
-
2,118.
Marshall v. Canada (Citizenship and Immigration) - 2015 FC 856 - 2015-07-13
Federal Court Decisions[2] As Mr. Marshall’s situation was clearly set out in the fourth judicial review, that of Mr. Justice Rennie, bearing citation 2013 FC 726, it is not necessary to deal with the facts in any great detail. [...] [8] Having decided the case on the reasonableness standard, as Mr. Justice Rennie noted himself, it was not necessary to address procedural fairness. [...] [17] It must be remembered that in the leading case dealing with state protection, Canada (Attorney General) v Ward, [1993] 2 SCR 689, there was clear evidence from Irish officials that the state was unable to protect Mr. Ward.
-
2,119.
Kovacs v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 167 - 2003-02-14
Federal Court Decisions6. The respondent submitted that procedural fairness or natural justice only requires access to interpretation for those not conversant in Canada's official languages. [...] In that decision, Justice Pelletier was following the principal approach to hearsay evidence enunciated in the trilogy of decisions of the Supreme Court of Canada dealing with hearsay (R.v. Khan [1990] 2 S.C.R. 531, R. v. Smith [1992], 2 S.C.R. 915 and R. v. B.(K.G.) [1993] 1 S.C.R. 740) and held that the visa officer's [...] 12. The failure to provide the requested interpreter constitutes a breach of procedural fairness that voids the decision of the senior immigration officer unless the outcome of the decision was inevitable (see Yassine v. Canada (M.E.I.) [1994] F.C.J. No. 949 (C.A.), QL).
-
2,120.
Mil Davie Inc. v. Hibernia Management - 1997-03-21
Federal Court Decisions(a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product, [...] ... (d) first consideration shall be given to services provided from within the Province and to goods manufactured in the Province, where those services and goods are competitive in terms of fair market price, quality and delivery. [...] Because of my finding concerning section 45 of the Act, I need not deal with the defendant's submissions concerning subsection 17(6) of the Federal Court Act and section 4 of the Federal Accord Act.
-
2,121.
Shoan v. Canada (Attorney General) - 2017 FC 426 - 2017-04-28
Federal Court DecisionsHe concluded that the GIC did not deal with Mr. Vennat in a transparent manner, in accordance with fair play (at para 190). [...] On a broader scale, I believe that the applicant was entitled to participate in a transparent forum and to deal with a decision-maker who played fair. [...] Further, that this information goes directly to the Minister’s closed mind and potential breach of procedural fairness in dealing with the Applicant.
-
2,122.
Ebadi v. Canada - 2022 FC 834 - 2022-06-06
Federal Court Decisions[...] [...] (d) may prejudice or delay the fair trial of the action, [...] 5.1 When dealing with an allegation of harassment, through the formal process, the principles of procedural fairness will apply. [...] This list is not intended to be exhaustive; it deals only with matters arising in the present litigation.
-
2,123.
Jung v. Canada (Citizenship and Immigration) - 2014 FC 275 - 2014-03-21
Federal Court Decisions[17] The Applicant argues that the issue relating to the affidavit of Helen Park raises a question of procedural fairness, which is reviewable on a standard of correctness. [...] Procedural Fairness [45] The Respondent argues that the Board acted fairly with respect to Ms. Park’s affidavit. [...] The Applicant also raises procedural fairness but, in light of my findings above, I do not think it is necessary to deal with that issue.
-
2,124.
Jaroslav v. Canada (Citizenship and Immigration) - 2011 FC 634 - 2011-05-31
Federal Court Decisionsf. Police training on how to deal with minorities, and efforts to engage with Roma communities; [...] The Board concluded that “There are no written reasons for the relatives’ decision and I can only deal with the facts in this particular case.” [...] Significantly, there was also the fact that the Board had much more experience in dealing with Czech claims after the surge in 2007 and 2008.
-
2,125.
Carbonaro v. Canada (Minister of Citizenship and Immigration) - 2006 FC 102 - 2006-01-31
Federal Court Decisions[33] The IRPA deals expressly and in detail with the transition between it and the predecessor legislation: Medovarski (Federal Court of Appeal, paragraph 47). [...] Transitional provisions are enacted for the purpose of dealing with those individuals who "fall between the cracks created by two pieces of legislation. [...] [...] b) dans tous les cas, le sous-ministre peut ordonner à l'agent principal de faire tenir une enquête.