11,309 result(s)
-
201.
Canada (Attorney General) v. Pelletier - 2007 FCA 6 - 2007-01-11
Federal Court of Appeal DecisionsHaving regard to the conclusion to which I have come on the issue of procedural fairness, it is not necessary for me to deal with this argument. [...] I will deal with this argument later in these reasons. ANALYSIS The Attorney General’s Arguments [...] The duty of procedural fairness, whatever its content, deals only with the process by which the government exercises its right to terminate his appointment, and not with the substance of the decision itself.
-
202.
Anani v. Royal Bank of Canada - 2020 FC 870 - 2020-08-31
Federal Court DecisionsOnly in plain and obvious cases should the Commission decide not to deal with a complaint. [...] Is the Decision not to deal with the complaint pursuant to paragraph 41(1)(d) of the CHRA reasonable? [...] B. Procedural Fairness Review [40] The Federal Court of Appeal has established that there is no standard of review for issues of procedural fairness.
-
203.
Lusina v. Bell Canada - 2005 FC 134 - 2005-04-13
Federal Court DecisionsOn October 19th, she requested that Bell deal directly with her rather than through her counsel. [...] It appears that, while dealing directly with Bell, she continued to consult counsel. [...] At this point, Bell was not aware of Ms. Lusina's dealings with the CHRC.
-
204.
Gandhi v. Canada (Canada Border Services Agency) - 2015 FC 436 - 2015-04-10
Federal Court DecisionsHe also asserts that Ms. Clément had a great deal of influence in the CBSA. [...] [47] I am now going to deal with the applicant’s specific allegations. [...] [63] I shall, however, deal with the applicant’s two arguments concerning procedural fairness, namely that the Tribunal prevented the applicant from presenting his arguments, and that the Tribunal should have suspended the proceeding while awaiting a decision by the PSLRB.
-
205.
Sterling v. Lower Nicola First Nations - 2019 FC 371 - 2019-03-26
Federal Court Decisions[5] Given the Court’s conclusion on the procedural fairness issues, it is neither necessary nor appropriate for the Court to pre-determine what Council may decide when it conducts a procedurally fair process. [...] Without dealing with the minutia of devolution and division of the 320 acres, the land was purportedly divided and Dr. Sterling acquired a parcel (Parcel A-5) of 17.5 acres through her grandmother’s estate. [...] Fairness would dictate that the Applicants were owed this minimal level of procedural fairness.
-
206.
Minde v. Ermineskin Cree Nation - 2006 FC 1311 - 2006-10-31
Federal Court Decisions(b) The BCR and Procedural Fairness [44] Although it is well-recognized the content of the rules of procedural fairness vary depending on the circumstances, in my view, there can be no question the applicant was entitled to procedural fairness in respect of the BCR of December 4, 2005 which declared that, in accordance to [...] As I have concluded, the Tribal Council reached this decision in breach of the applicant’s rights of procedural fairness. [...] [72] Subsection 18.1(3) of the Federal Courts Act deals with the powers of the Federal Court.
-
207.
Hughes v. Canada (Attorney General) - 2009 FC 573 - 2009-06-08
Federal Court Decisions[31] As a matter of law, principles of natural justice and the duty of fairness include the right to a fair hearing. [...] [35] First, the Commission was dealing with relatively complex circumstances. [...] In view of the above analysis, I do not consider it necessary to deal with each one.
-
208.
Pete v. Canada (Attorney General) - 2005 FC 993 - 2005-07-18
Federal Court DecisionsFair elections are crucial for First Nations governance. To allow an incumbent band council to replace a legitimately appointed electoral officer removes the independence of electoral officers and undermines fair elections. [...] After a good deal of discussion, the Band Council decided to cancel the election, and appoint a new electoral officer. [...] [60] In the present case, the power has only been exercised to deal with the appointment of an electoral officer; it has not been exercised to deal with the procedure and grounds for removing an electoral officer.
-
209.
Addison & Leyen Ltd. v. Canada - 2006 FCA 107 - 2006-03-15
Federal Court of Appeal DecisionsThe record discloses no reason for the delay in dealing with York's notice of objection. [...] (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 [...] After 1981, section 160 could be applied to any transfer of property to any person with whom the tax debtor did not deal at arm's length (except to the extent the transferee paid fair market value consideration).
-
210.
Mamdani Family Trust v. The Queen - 2020 TCC 93 - 2020-08-27
Tax Court of Canada Judgments• a) during the taxation years in question, the Trust did not deal at arm’s length with Global; [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] A person with whom the transferor was not dealing at arm’s length. 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee.
-
211.
Canada (Attorney General) v. Emmett - 2013 FC 610 - 2013-06-06
Federal Court Decisions[23] Finally, on the issue of systemic age discrimination, the applicant argues the Commission failed to provide any reasons at all, which is a violation of procedural fairness. [...] [30] On the procedural fairness argument, the respondent points out there is no statutory requirement for the Commission to give reasons and that the requirements of procedural fairness are flexible. [...] [47] It is also not clear that the Commission properly considered whether to exercise its discretion to decline to deal with a complaint on the basis of an employer’s employment equity plan.
-
212.
Blackmore v. The Queen - 2012 TCC 108 - 2012-03-02
Tax Court of Canada Judgments[13] These proposed additional read-ins are not permitted because, although they are related generally to the broad topic of employees of the corporation, they deal specifically with the wages/salary paid to those employees while the Respondent’s read-ins deal only with the employment of family members. [...] I understand that you would be the person to go to the bank and obtain those mortgages; is that fair? [...] Q. And in either case did you ever make any representation to any of the bankers that you were dealing with or any of the lenders that you were dealing with that the properties at issue being mortgaged were actually impressed with a trust either in favour of the Bountiful members, or the UEP Trust, or anyone else?
-
213.
Shephard v. Fortin - 2004 FCA 254 - 2004-07-08
Federal Court of Appeal DecisionsIt is evident to me that a great deal of time, money and care went into the development of the Promotional Exams. [...] 4. The adjudicator shall deal with all matters as expeditiously as the circumstances and considerations of fairness permit. [...] [21] Section 4 of the Promotions CSO required the Adjudicator to deal with Constable Shephard's complaint as expeditiously as the circumstances and considerations of fairness permitted.
-
214.
Canada (Attorney General) v. Hughes - 2014 FC 278 - 2014-03-21
Federal Court DecisionsCommission 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 [...] [53] There is no question that the hearing before the PSLRB was fair and that Mr Hughes had a fair opportunity to put forward his case. [...] [70] The Applicant submits that the Tribunal breached procedural fairness when it informed the parties that it was going to deal with the issue of liability at the hearing and hold a separate hearing to deal with remedy, but then proceeded to provide a remedy in the decision without providing either party with a chance to
-
215.
Desgagnés Transarctik Inc. v. Canada (Attorney General) - 2014 FCA 14 - 2014-01-22
Federal Court of Appeal Decisions[22] In his reasons (2012 FC 1224), the judge deals first with Desgagnés’s argument that the Minister breached his duty to act fairly in this case. [...] [56] In my view, the judge was not required to deal explicitly with this argument that he had rejected implicitly. [...] [65] I have chosen to deal at this stage with the arguments grouped under this heading in Desgagnés’s memorandum, even though it is not clear that all of them truly raise issues of procedural fairness.
-
216.
Canada (Attorney General) v. Ennis - 2021 FCA 95 - 2021-05-14
Federal Court of Appeal DecisionsCommission to deal with complaint Irrecevabilité 41(1) [...] the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] B. Procedural Fairness [74] I turn finally to the procedural fairness issue. [...] [79] Thus, there was no denial of procedural fairness. IV. Proposed Disposition
-
217.
Berberi v. Canadian Human Rights Tribunal - 2011 FC 485 - 2011-04-21
Federal Court DecisionsIn my opinion, three issues raise questions of procedural fairness and are reviewable on the standard of correctness; that is the postponement issue, the alleged error of the Tribunal in dealing only with the question of remedies, and the competency of counsel. [...] [47] The remaining issue of procedural fairness concerns the competency of counsel. [...] The Tribunal correctly went on to deal with the issue of a remedy, including monetary compensation.
-
218.
Alberta v. Canadian Copyright Licensing Agency (Access Copyright) - 2024 FC 292 - 2024-02-22
Federal Court Decisions[27] This Court found that the interim tariff was enforceable against York University and that neither its fair dealing guidelines nor its actual practices constituted fair dealing. [...] The Plaintiffs were granted leave to appeal the fair dealing issue to the Supreme Court. [...] In particular, it introduced education as an allowable fair dealing purpose.
-
219.
Jaballah (Re) - 2010 FC 1084 - 2010-11-03
Federal Court Decisions[90] While Charkaoui II deals with knowing the case which must be met, it does not throw out the concept of fundamental or procedural fairness. [...] [96] Thus, dealing with the various categories of documents outlined in Mr. Jaballah’s Written Representations: [...] The argument for their production was that these documents deal with how the fruits of the interceptions could be disseminated.
-
220.
Cowdrey v. Canada (Attorney General) - 2010 FC 171 - 2010-02-24
Federal Court Decisions[18] I wish to first deal with Issue 3. [19] Issue 3 Did the Chairperson’s decision to proceed in the absence of legal counsel for the applicant constitute a breach of procedural fairness? [...] It deals with whether the applicant’s alleged conduct was likely to jeopardize the security of the penitentiary. [...] [29] Because of my finding on Issue 3, I need not deal with the other issues.
-
221.
Elfar v. Canada (Citizenship and Immigration) - 2012 FC 51 - 2012-01-13
Federal Court DecisionsThose who are not truthful in some of their dealings with immigration authorities cannot be presumed to be truthful when it comes to their other dealings, even when such other dealings are in respect of a different type of application. [...] A. Did the Board breach Mr. Elfar’s procedural fairness rights? [17] Mr. Elfar submits that the Board breached his rights to procedural fairness by: [...] This satisfied his procedural fairness rights in respect of his application under sections 96 and 97 of the IRPA.
-
222.
Yue v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1004 - 2002-09-25
Federal Court DecisionsSuch a course of action is suggested in the Guideline [Immigration Guidelines] in section 2.7.4 dealing with the bona-fides of minor students: [...] Counsel for the applicant in the case at bar suggested that the visa officer could provide the applicant with a fair opportunity to deal with the concern by a telephone call or a letter. [...] The applicant must be given a fair opportunity to deal with this concern before the visa officer applies their general experience to this specific applicant.
-
223.
Côté-Létourneau v. The Queen - 2007 TCC 91 - 2006-05-04
Tax Court of Canada Judgmentse. The taxpayer does not deal with the purchaser corporation at arm's length; [...] (ii) shares of the share capital of the payer corporation having a fair market value of more than 10% of the fair market value of all of the issued shares of the share capital of the payer corporation. [...] If so, they are deemed not to have been dealing with each other at arm's length.
-
224.
D'Angelo v. Canada (Attorney General) - 2014 FC 1120 - 2014-11-24
Federal Court DecisionsIf not, are there guidelines in place to ensure fairness for everyone involved? [...] B Did the Commission fail to provide adequate reasons, thereby violating the principles of procedural fairness and natural justice? [...] 22 It is true that the breach of a duty of procedural fairness is an error in law.
-
225.
Rouleau-Halpin v. Bell Solutions Techniques Inc. - 2023 FCA 139 - 2023-06-14
Federal Court of Appeal Decisions[17] The first ground of appeal is that the adjudicator breached procedural fairness when he: (1) failed to read the Quebec jurisprudence which had been cited to him and (2) accepted hearsay evidence without dealing with the appellant’s objection to the admissibility of that evidence. [...] In any event, a ruling on a point of evidence is not a breach of procedural fairness. [...] [49] Unfortunately, the adjudicator did not deal with this issue explicitly.