11,312 result(s)
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2,251.
Mekonnen v. Canada (Minister of Citizenship and Immigration) - 2006 FC 637 - 2006-05-24
Federal Court DecisionsThe Applicant elected to deal with its contents by filing a post-hearing affidavit. [...] · Did the Board violate the principles of natural justice or fairness? [...] The standard in respect of fairness and natural justice is correctness.
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2,252.
Raymond v. Canada (Citizenship and Immigration) - 2005 FC 1350 - 2005-10-03
Federal Court Decisions[5] 1. Did the IAD violate a principle of procedural fairness by failing to hold an oral hearing before handing down its decision? [...] 1. Did the IAD violate a principle of procedural fairness by failing to hold an oral hearing before handing down its decision? [...] [14] Finally, Ms. Raymond alleges that the visa officer took too long to deal with the sponsorship application and should have taken steps to hand down a decision much more quickly.
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2,253.
Rabah v. Canada (Attorney General) - 2001 FCT 1234 - 2001-11-09
Federal Court DecisionsA portion of the interview consisted of a role-play to determine the applicant's ability to deal with persons calling for information. [...] Procedural fairness requires only that the investigator's report address the fundamental or essential aspects of the applicant's alleged incidents of discrimination. [...] ... It is also important that any supplementary affidavit neither deal with material which could have been made available at an earlier date nor unduly delay the proceedings.
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2,254.
Handjiev v. Canada (Minister of Citizenship and Immigration) - 1999-02-09
Federal Court Decisions76. Faute pour l'appelant d'entrer en communication avec elle, sur son ordre, ou de lui faire connaître sa dernière adresse, la section d'appel peut, dans le cas d'un appel relatif à une mesure de renvoi ou de renvoi conditionnel, conclure au désistement d'appel. [...] [8] In her reasons for decision, the presiding member carefully reviewed the history of the applicant's dealings with the Board, including the warnings and adjournments issued to him, and his failure to attend scheduled hearings on two occasions. [...] Finally, counsel did not challenge the validity of the order made by the Board declaring the appeal abandoned, or the procedural fairness of the hearing of the abandonment motion.
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2,255.
Canada (Attorney General) v. Canada (Information Commissioner) - 1996-09-20
Federal Court DecisionsThe Commissioner has specifically denied the allegations of actual conflict of interest against Ms. Petzinger in her dealings with Colonel Drapeau. [...] It is a recommendation which requires a duty of fairness, albeit at a relatively low level. [...] In my view, the Commissioner has met the level of the duty of fairness requirements in the circumstances.
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2,256.
Wong v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 1515 - 2022-11-07
Federal Court DecisionsThis decision does not deal with the merits of the application for judicial review. [...] Contrary to her right to a fair determination under subsection 2(e) of Canadian Bill of Rights, SC 1960, c 44 making the scheme ultra vires. [...] Section 74 sets out the provisions dealing with the “judicial review” stage.
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2,257.
Angus v. Chipewyan Prairie First Nation - 2009 FC 562 - 2009-06-01
Federal Court DecisionsAs Electoral Officer his duty was to attend the meeting and deal with the appeals process. [...] [63] It has to be born in mind that the principal purpose of my Judgment was to ensure that the appeals process went ahead in a timely manner and that the membership of CPFN be given the opportunity to assess the fairness of the election process. [...] a. Mr. Dhir and the Applicants were told in writing that there would be a band meeting to deal with the appeals committee on September 3, 2008;
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2,258.
Global Enterprises International Inc. v. Aquarius (The) - 2002 FCT 193 - 2002-02-21
Federal Court Decisions[21] Counsel for the claimant, Bank Polska Kasa Opieki SA, has gone to a good deal of effort to deal with what appear to be the issues. [...] [25] I shall first deal with the submission of counsel for the claimant, Bank Polska Kasa Opieki SA, that the Trustee has disqualified himself from participation. [...] Further, it leaves unanswered why the Trustee was unable to meet the fairly generous initial deadline which ran from 17 December 2001 through 25 January 2002.
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2,259.
Bell Canada v. British Columbia Broadband Association - 2020 FCA 140 - 2020-09-10
Federal Court of Appeal DecisionsBoth Acts deal with highly specialized, expert regulatory bodies. ii. [...] 144. The regulatory measures under consideration in this decision are of an economic nature and deal with network access regimes. [...] 194. The regulatory measures under consideration in this decision are of an economic nature and deal with network access regimes.
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2,260.
McDougall v. Canada (Attorney General) - 2011 FC 285 - 2011-03-10
Federal Court DecisionsThe Applicant specified that he had not exhausted all of his available internal remedies, having no faith in their efficiency or fairness. [...] 98. (1) Les règles établies en application de l’article 97 peuvent faire l’objet de directives du commissaire. [...] This Court must deal with a new argument: [26] As Justice Gibson pointed out in Arona v. Canada (Minister of Citizenship and Immigration), [2001] F.C.J. No. 24, at para. 9:
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2,261.
Polygon Southampton Development Ltd. v. The Queen - 2002-02-04
Tax Court of Canada JudgmentsThere are no formulas in the agreement for determining fair market value. [...] Section 98 also suggests that we are dealing with something other than a standard lease. [...] [52] I am left to deal with the new housing rebate. Given my finding that subparagraph 191(1)(b)(ii) does not apply, then I am not dealing with section 254.1, but section 254, in addressing this issue.
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2,262.
Tafreshi v. Canada (Citizenship and Immigration) - 2022 FC 1089 - 2022-07-22
Federal Court Decisions[4] A great deal of new evidence was filed. The record before the Court comprises of 4,434 pages. [...] The first deals with IRCC’s decision to replace OP 8 with PDI and its impact. [...] It seems to me this language strongly tends to require visa officers to deal with these concerns through procedural fairness letters, or possibly even through interviews.
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2,263.
Harpur Farms, LLC v. Canada (Agriculture and Agri-Food) - 2024 FC 253 - 2024-02-16
Federal Court DecisionsBased on these assumptions, Ms. Bélanger calculated the fair market value of the semen straws to be $2,612,016. [...] Again, the fair market value is what a purchaser would accept to pay to a consenting seller in an open and free market. [...] [95] I agree with the Minister that VPN is to be considered as any third party purchaser dealing with Harpur Farms at arm’s length.
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2,264.
Uppal v. Canada (Minister of Citizenship and Immigration) - 2006 FC 338 - 2006-03-15
Federal Court Decisions(A) USES, DEALS WITH OR ACTS ON IT, OR (B) CAUSES OR ATTEMPTS TO CAUSES (sic) ANY PERSON TO USE, DEAL WITH OR ACT ON IT, AS IF THE DOCUMENT WERE GENUINE, IS GUILTY OF AN INDICTABLE OFFENCE AND LIABLE FOR A TERM OF IMPRISONMENT NOT EXCEEDING TEN YEARS. [...] [32] A question of procedural fairness is reviewed as a question of law. [...] There was no breach of procedural fairness. [51] Nonetheless, in the event that I am mistaken, I find that any breach of procedural fairness was waived.
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2,265.
Archer v. Luterbach - 2001-01-17
Federal Court DecisionsThis is not a boundary or threshold question in the sense that it requires a decision as to whether the Minister has the legislative authority to deal with a problem. [...] [34] The Archers argue that where animals are imported, the Minister is limited to dealing with them under section 18 of the Act unless emergency circumstances require recourse to section 48. [...] These factors militate in favour of more relaxed requirements under the duty of fairness.
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2,266.
Kilburn v. Canada (Treasury Board) - 1997-12-12
Federal Court Decisions[29] There is no doubt that the adjudicator, in interpreting LOU 3-91 was dealing with an issue clearly within his special expertise; namely the interpretation of a collective agreement. [...] [40] The issue before this Court on judicial review is not whether the employer's decisions were fair or reasonable. [...] The applicant had agreed to deal with any concerns the respondent might have had with regard to the affidavit in a less expensive fashion.
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2,267.
Rana v. Teamsters, Local Union No. 938 - 2020 FCA 190 - 2020-11-04
Federal Court of Appeal Decisions[3] A three-person panel of the Board summarily dismissed Mr. Rana’s duty of fair representation complaint. [...] In dealing with two other findings Mr. Rana disputed, the Board showed how they were supported by the record. [...] • (3) a failure of the Board to respect a principle of natural justice or procedural fairness.
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2,268.
Canada (Attorney General) v. First Nations Child and Family Caring Society of Canada - 2021 FC 969 - 2021-09-29
Federal Court DecisionsD. Procedural Fairness 99 VII. Some Thoughts on Reconciliation 103 [...] C. Procedural Fairness (1) Applicant’s Position [114] The Applicant submits that the Tribunal denied it procedural fairness by: [...] D. Procedural Fairness [280] I am not persuaded that the Applicant was denied procedural fairness.
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2,269.
Maritime Broadcasting System Limited v. Canadian Media Guild - 2014 FCA 59 - 2014-03-04
Federal Court of Appeal DecisionsThis, it noted (at paragraph 32), was the usual way it deals with certification applications such as the one before it. [...] Maritime Broadcasting did not raise this with the Board on reconsideration and so this Court need not deal with it. [...] ... 129 Thirdly, a fair procedure is said to be the handmaiden of justice.
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2,270.
Johnston Family 1991 Trust v. Canada (Minister of National Revenue) - 1999-07-08
Federal Court Decisions[39] Both these "Fairness" applications were denied. It was by letter dated January 2, 1998, that the Respondent did not grant the "second" Fairness application. [...] [45] The Respondent submits that the Minister has a great deal of latitude in making decisions under subsection 220(3.2) of the Act. The Respondent submits: [...] [54] As in the case of Allison Burnet, v. The Minister of National Revenue2 and the case of Doyle v. The Minister of National Revenue3, it was open to the Applicant to believe it was dealing with a person who had authority to make decisions regarding a "Fairness" application.
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2,271.
Petratos v. The Queen - 2013 TCC 240 - 2013-07-26
Tax Court of Canada Judgments[6] Before dealing with these issues some background would be helpful. [...] It is hard to argue otherwise although one hopes for a proper mix of uniformity and individual fairness. [...] It suggested that there was a necessary implication that the Minister consider at least the possible need to give fairness or discretionary relief under the ITA before obtaining a judgment.
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2,272.
Canada (Citizenship and Immigration) v. Atabaki - 2007 FC 1170 - 2007-11-13
Federal Court DecisionsThe tribunal is owed no deference on such a question; if the tribunal breached natural justice or fairness, its decision must be set aside subject to the Mobil Oil doctrine (above) relied upon by Mr. Atabaki’s counsel. [...] “I believe those are all my questions dealing with exclusion. I know earlier counsel raised an issue about me asking questions during the inclusion part of the claim and whether I could question with respect to credibility as we have not given notice of intervention on that basis. [...] This subsection does not deal at all with inclusion and the Rule imposes no requirement on the Minister in this respect.
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2,273.
Bill v. Thomas - 2007 FC 1152 - 2007-11-07
Federal Court DecisionsI deal with young children at schools. Why do we not understand that these appeals are doing so much damage to our band? [...] Only way is to go back and deal with what happened. Had enough of this, it has to be dealt with properly! [...] [29] The Court finds that the Board for the four reasons mentioned above, did not act judicially and violated the principles of procedural fairness.
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2,274.
eBay Canada Limited v. Canada (National Revenue) - 2007 FC 930 - 2007-09-18
Federal Court Decisions32. Q. They deal with users outside of Canada, as well, or just the Canadian users? [...] A real and substantial connection to Canada is sufficient to support the application of our Copyright Act to international Internet transmissions in a way that will accord with international comity and be consistent with the objectives of order and fairness. [...] Here eBay Canada has access to and uses information stored in a computer for the very purpose of dealing with Canadian PowerSellers.
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2,275.
Canada (Attorney General) v. Khawaja - 2007 FC 533 - 2007-05-07
Federal Court Decisions"I am confident that he can do it in a fair and independent manner, irrespective of any role that he played in drafting," [...] matter fairly, whether consciously or unconsciously, by reason of my former employment. [...] I am not convinced that I would be unable to decide the constitutional question fairly and impartially in the present circumstances.