11,312 result(s)
-
2,376.
Johnson v. Canada (Attorney General) - 2018 FC 582 - 2018-06-05
Federal Court DecisionsB. Procedural Fairness Issues [43] Mr. Johnson makes two arguments with respect to procedural fairness: (i) reasonable apprehension of bias, and (ii) delay. [...] [44] I will deal first with Mr. Johnson’s submission that the ACP’s decision discloses a reasonable apprehension of bias. [...] He refers the Court to sections 4(f) and 90 of the CCRA, which state respectively that correctional decisions must be made in a forthright and fair manner, and that grievance procedures must be fair and expeditious.
-
2,377.
Shanouda v. The Queen - 2009 TCC 593 - 2009-11-03
Tax Court of Canada Judgments• [14] The Applicants relied upon the accountant to file the original rebate claims and to deal with the notices of assessment. [...] They requested the contact information for the CRA’s fairness committee. [...] • [17] The Applicants then tried to contact the CRA’s fairness committee directly.
-
2,378.
Onyemelukwe v. Canada (Immigration, Refugees and Citizenship) - 2021 FC 1009 - 2021-09-28
Federal Court DecisionsHowever, I need not deal with that issue as I find that the visa officer breached procedural fairness by not providing sufficient explanations in the June 6, 2019, letter so as to allow Dr. Onyemelukwe to properly understand what the visa officer was expecting of him, i.e., the test that Dr. Onyemelukwe would have to meet [...] [12] The question when assessing a breach of procedural fairness is whether the applicant knew the case to meet and had a full and fair chance to respond (Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at paras 33–56). [...] Consequently, there was a failure in procedural fairness. The August 15, 2019, decision is therefore unreasonable.
-
2,379.
Krishnapillai v. Canada - 2001 FCA 378 - 2001-12-06
Federal Court of Appeal DecisionsThe issue in a leave application is whether a fairly arguable case has been made. [...] [7]I shall deal with the reasons of the Motions Judge in their reverse order. [...] [11]The issue, in a leave application under the Immigration Act, is whether a fairly arguable case has been made.
-
2,380.
Lee v. Canada (Citizenship and Immigration) - 2012 FC 705 - 2012-06-12
Federal Court DecisionsThus, the only question before this Court is whether the Board conducted its hearing in accordance with the principles of procedural fairness: [...] [6] Further, they argue that administrative decision-makers owe a heightened duty of fairness when dealing with unrepresented litigants, relying on Nemeth v. Minister of Citizenship and Immigration, 2003 FCT 590, where Justice James O’Reilly held at paragraph 13 that: [...] [12] The authorities establish that unrepresented litigants before the Board are owed a heightened duty of fairness.
-
2,381.
Elias Moran v. Canada (Citizenship and Immigration) - 2022 FC 90 - 2022-01-26
Federal Court Decisions[6] Dealing with the merits of the claim, the RPD found that the Applicant embellished the nature and severity of the difficulties that he had experienced in his country and was not credible on core aspects of his claim. [...] [9] The Applicant raised a number of issues regarding the fairness and reasonableness of the RPD’s decision. [...] Where an issue of procedural fairness arises, the Court must determine whether the process followed by the decision-maker satisfied the level of fairness required in all of the circumstances.
-
2,382.
Husky Oil Limited v. The Queen - 2009 TCC 118 - 2009-02-24
Tax Court of Canada Judgmentsa) The fair market value of Mohawk Canada’s shares in Mohawk Lubricants exceeded the fair market value of Mohawk Canada’s shares in Lubes Amalco. [...] a) the fair market value of Mohawk Canada’s shares of Mohawk Lubricants exceeded the fair market value of Mohawk Canada’s shares of Lubes Amalco; [...] Mohawk Canada did sign the support agreement, but there is nothing in that agreement that deals with the transfer of the Residual Assets to Balaclava.
-
2,383.
Caraberis v. The Queen - 1998-06-26
Tax Court of Canada JudgmentsIt is fair to say that at all times, the Appellants intended to have the two income streams co-exist. [...] “it’s fairly close to the selling price, for starters, and I thought I got a good deal on the land and I felt there was a little bit of additional value there in it, that the fair - again, fair value would be slightly more than what I paid for it”. [...] [19] The selling price was subsequently adjusted to $62,000 which was the property’s fair market value at the time of disposition.
-
2,384.
Cassidy v. Recalma-Clutesi - 2006 FC 854 - 2006-07-06
Federal Court DecisionsA Band Council meeting was called immediately by the Chief to deal with a funding arrangement. [...] 10. Le président doit faire régner l'ordre et décider de toute question de procédure. [...] It is not enough to exclude the application of the general Act that it deals somewhat differently with the same subject matter.
-
2,385.
Punia v. Canada (Citizenship and Immigration) - 2013 FC 1078 - 2013-10-24
Federal Court Decisions[41] What is strange about this Decision is that the Member concerned actually raises the issue of bias himself and deals with it in the Decision. [...] [42] The Member deals with the bias issue as follows: The appellant sponsored the applicant initially in 2008, but that application was refused by letter dated November 25, 2008 (Record, pages 33 and 46). [...] [50] In my view, this is a breach of procedural fairness that requires this matter to go back for reconsideration.
-
2,386.
Kirichenko v. Canada (Citizenship and Immigration) - 2011 FC 12 - 2011-01-06
Federal Court Decisions1. Whether the RPD breached the duty of fairness and the principles of natural justice; [...] [23] The Applicant also raises issues of procedural fairness and natural justice. [...] RPD Breached the Duty of Fairness and the Principles of Natural Justice
-
2,387.
Algoma Central Corporation v. The Queen - 2009 TCC 314 - 2009-06-10
Tax Court of Canada Judgments[17] Rule 58 references striking a pleading while Rule 53 deals with striking “... all or part of a pleading or other document ...” on three different grounds. [...] (a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] Allowing the subject paragraphs to remain will potentially prejudice and delay the fair hearing.
-
2,388.
Kwon v. Federal Express Canada Ltd - 2014 FC 268 - 2014-03-19
Federal Court DecisionsThe Commission would then determine whether to deal with Mr. Kwon’s complaint. [...] Justice does not require that the Commission deal with the complaint. [...] He contends that he has been denied procedural fairness and that the CHRC’s decision not to deal with his complaint was unreasonable.
-
2,389.
Thomson National Personnel Ltd. v. Maharaj - 2006 FC 1324 - 2006-11-01
Federal Court Decisions· the person made a complaint within the 90-day period to a government official who had no authority to deal with it; and [...] · the person believed that the official did have authority to deal with it. [...] • That official had no authority to deal with the complaint; and • Mr. Maharaj mistakenly believed that the official did have authority to deal with the complaint.
-
2,390.
Maghraoui v. Canada (Citizenship and Immigration) - 2013 FC 883 - 2013-08-20
Federal Court DecisionsThis duty of fairness can be met without always having to furnish all the documents and reports the decision‑maker relied on. [...] [29] In her decision, the officer actually referred to a number of reports, books, newspaper articles and magazines dealing with Ahmed Ressam, Mohamedou Ould Slahi and the Al-Qaida network. [...] Where the summary deals with conversations to which the applicant was privy, there is no need to intervene because the applicant will be able to correct any errors it may contain.
-
2,391.
Jacques v. Canada (Attorney General) - 2024 FC 26 - 2024-01-08
Federal Court Decisions[12] In August 2023, the CMA formally postponed the commencement of Major Jacques’ trial until April 15, 2024, in order to be able to first deal with the main outstanding preliminary issues. [...] There is also no general exception for issues of procedural fairness (Girouard v Inquiry Committee Constituted Under the Procedures for Dealing With Complaints Made to the Canadian Judicial Council About Federally Appointed Judges, 2014 FC 1175 at para 29). [...] [89] For these reasons related to compliance with the minimum standards of procedural fairness, I will not strike the AJR at this stage.
-
2,392.
Patel v. Canada (Attorney General) - 2023 FC 922 - 2023-07-04
Federal Court DecisionsSecond, circumstances must be avoided in which a reasonable, fair minded and informed person would have a reasoned suspicion that the judge is not impartial. [...] They simply provide at E.19 that “the judge should not deal with cases concerning which the judge actually has a conflict of interest” and caution that “circumstances must be avoided in which a reasonable, fair minded and informed person would have a reasoned suspicion that the judge is not impartial.” [...] [92] However, a procedural fairness argument was never raised in the Notices of Application.
-
2,393.
Lupien v. The Queen - 2016 TCC 2 - 2016-01-05
Tax Court of Canada JudgmentsThat does not reflect the conduct typical of persons dealing with each other at arm’s length. [...] [68] Ms. Demers does not believe that the transactions between Antoni and LCR took place under the same conditions as those between parties dealing with each other at arm’s length. [...] [104] Regarding the second assumption, Antoni and LCR were not operating under the same conditions as would be the case if they were dealing with each other at arm’s length.
-
2,394.
Palmer v. Canada (Attorney General) - 2013 FC 374 - 2013-04-12
Federal Court Decisions[30] Issues of procedural fairness require no deference on the part of the Court. [...] Procedural fairness [44] The applicant raised several issues pertaining to procedural fairness. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
-
2,395.
Geza v. Canada (Citizenship and Immigration) - 2004 FC 1163 - 2004-07-27
Federal Court DecisionsWould he think that it is more likely than not that [the decision maker], whether consciously or unconsciously, would not decide fairly? [...] I find that the Respondent's interpretation of the evidence that exists on the record is entirely fair. [...] Moreover, the evidence establishes that the formal relationship between CIC and the IRB is designed to address policy and administrative matters at the senior level, and does not deal with substantive cases.
-
2,396.
Geza v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1039 - 2004-07-27
Federal Court DecisionsWould he think that it is more likely than not that [the decision maker], whether consciously or unconsciously, would not decide fairly? [...] I find that the Respondent's interpretation of the evidence that exists on the record is entirely fair. [...] Moreover, the evidence establishes that the formal relationship between CIC and the IRB is designed to address policy and administrative matters at the senior level, and does not deal with substantive cases.
-
2,397.
Roger Gauthier Inc. v. Canada - 1999-11-26
Federal Court DecisionsIt should have allowed other bidders to correct errors in their bids or issued a new call for tenders to ensure the fairness of the procedure. [...] In such circumstances, in view of the rules of procedural fairness, it should have issued a new call for tenders as soon as it discovered discrepancies in Belcourt's bid. [...] The defendant accordingly had a duty to act fairly when a decision was likely to affect the rights and interests of taxpayers.
-
2,398.
Athabasca Regional Government v. Canada (Attorney General) - 2010 FC 948 - 2010-09-22
Federal Court DecisionsProcedural Fairness [97] If the Applicants have standing to intervene in a licensing application before the Commission, then procedural fairness should be addressed on a general scale. [...] However, “if they do not have a right to procedural fairness, that should normally conclude the matter” (paragraph 28). [...] The Applicants, in effect, are asking the Court to order the Province to deal with them on their terms.
-
2,399.
Sawridge First Nation v. Canada - 2008 FC 267 - 2008-02-29
Federal Court Decisions• [177] Who could argue with the proposition that the Court should seek the truth, justice and a fair determination on the merits? [...] They have been given full and fair warning of the problems they have caused and the consequences of their conduct. [...] All I am saying is that I need answers now to run a trial fairly and efficiently, and that the Plaintiffs have withheld from the Court what is required to do that.
-
2,400.
Regroupement des pêcheurs professionnels du sud de la Gaspésie v. Listuguj Mi’gmaq First Nations - 2023 FC 1206 - 2023-10-13
Federal Court DecisionsAs the Supreme Court noted in Haida Nation the duty to consult and accommodate claims prior to their formal recognition and proof is “part of the process of fair dealing and reconciliation that begins with the assertion of sovereignty and continues beyond formal claims resolution” (Haida Nation at para 32). [...] Moreover, should there be any signs of such abuse, the Court maintains oversight to ensure procedural fairness; and [...] They are not the same or equal, and any notion of “fairness” must recognize that distinction.