7,611 result(s)
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51.
Rameau v. Canada (Attorney General) - 2015 FC 1180 - 2015-10-19
Federal Court DecisionsIn decision with reasons dated August 26, 2014, the Tribunal declined to deal with the case. [...] While procedural fairness has many facets, each facet has to be identified so that it can be demonstrated how the violation stems from rules of procedural fairness that were respected. [...] If indeed these two decisions deal with procedural fairness, which I doubt, they are not relevant.
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52.
Hood v. Canada (Attorney General) - 2018 FC 958 - 2018-09-27
Federal Court DecisionsHowever, the only fairness question before me is whether the Commission handled her complaint justly. [...] [23] The Commission treated Ms Hood fairly and arrived at a reasonable conclusion, based on the evidence, not to deal with her complaint. [...] Commission to deal with complaint Irrecevabilité 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
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53.
Manfoumbimouity v. Canada (Attorney General) - 2016 FC 988 - 2016-08-30
Federal Court DecisionsAs noted above, the Commission has a great deal of latitude in these matters. [...] VIII. Procedural fairness [88] The applicant raised the issue of a breach of procedural fairness both in his application for judicial review and his amended memorandum of fact and law. [...] [99] As a result, there is no breach of the principle of procedural fairness.
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54.
Jazz Air LP v. Toronto Port Authority - 2006 FC 904 - 2006-07-20
Federal Court Decisions(c) discouraging or precluding fair, reasonable and competitive access by airline users of the Toronto City Centre Airport; and/or [...] in dealing with the applicant; that they threatened to eliminate its access to the Toronto Island Airport; that they failed to accommodate competing airlines in violation of the Competition Act by entering into agreements with Porter Airlines Inc.; that they breached their common law and statutory obligation to act fairly. [...] As pointed out by the respondents, such actions and decisions go back at least 16 years in its dealing with the applicant.
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55.
Valookaran v. Royal Bank of Canada - 2011 FC 276 - 2011-03-09
Federal Court Decisions[8] It is useful to briefly describe the overall scheme of the Act in dealing with complaints. [...] In carrying out this function, the Commission must comply with the rules of procedural fairness. [...] [15] Procedural fairness does not require the Commission to undergo a lengthy analysis of the complaint at the initial stages.
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56.
Crowchild v. Tsuut'ina Nation - 2017 FC 861 - 2017-10-06
Federal Court Decisions(ii) Were the decisions made in accordance with the requirements of procedural fairness? [...] While the Federal Court of Appeal has indicated that the matter is not finally settled (Vavilov v Canada (Citizenship and Immigration), 2017 FCA 132 at para 13), I do not need to deal with this question since I find that there were breaches of procedural fairness whether the standard is one of correctness or reasonableness. [...] All that she is seeking is a fair process and the opportunity to state her case.
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57.
Higgins v. Canada (Attorney General) - 2016 FC 32 - 2016-01-08
Federal Court Decisions[35] Dealing with the decision to remove the Applicant from his unit, the CFGB again found the situation had been poorly handled and was not properly justified as a proper and fair investigation had not been made. [...] [43] With respect to procedural fairness, the CDS found the Applicant had been treated fairly throughout. [...] C. Procedural Fairness [57] The Applicant has alleged there was a breach of fairness to him because he did not know the particulars of the allegations against him.
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58.
Crawler v. Wesley First Nation - 2016 FC 385 - 2016-04-08
Federal Court DecisionsThis amounts to a breach of procedural fairness that renders the decision invalid; [...] If there is some reason why reasons or authorization cannot be sought in advance, then Council can deal with it at subsequent meetings. [...] Chief and Council, pursuant to its customs and practices, has a procedure to deal with absences from Chief and Council meetings.
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59.
Comstock v. Public Service Alliance of Canada - 2007 FC 335 - 2007-03-30
Federal Court Decisions- first, did the Commission breach the Applicant’s rights to procedural fairness; [...] [37] Counsel for the Applicant further urges that an important requirement of procedural fairness is that the Commission have an adequate and fair basis upon which to evaluate whether [...] [43] Counsel for the Applicant urges that the Commission had a prima facie duty to deal with
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60.
Priest v. Canada (Revenue Agency) - 2023 FC 1537 - 2023-11-21
Federal Court DecisionsThe Officer also noted that the Respondent did not consider it prejudicial to deal with those complaints. [...] Commission 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 [...] B. Procedural fairness [31] Mr. Priest argues that the Decision was procedurally unfair.
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61.
Brassard v. Canada (Attorney General) - 2015 FC 1355 - 2015-12-08
Federal Court DecisionsThe CHRC therefore decided to not deal with the complaints pursuant to article 41(1)(d) of the Act. [...] [20] Ms. Brassard is applying for judicial review of the CHRC decision to refuse to deal with her complaints. [...] It was therefore reasonable to not deal with the complaint before the CHRC.
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62.
Pezzente v. Rogers Communications Inc. - 2005 FC 953 - 2005-07-08
Federal Court DecisionsI find that once the issue of procedural fairness is dealt with separately, the remaining issues will be reviewed on the basis of patent unreasonableness, as the arguments raised by the applicant deal with the approach and methodology used by the Commission and its investigators in dismissing the complaints. [...] [9] However, in issues dealing with procedural fairness, I am simply to determine whether or not those principles were breached: [...] Secondly, I find that the Commission failed to deal with the applicant's complaints as a whole, choosing rather to deal with one of the many issues raised.
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63.
Murray v. Canada (Human Rights Commission) - 2014 FC 139 - 2014-02-11
Federal Court Decisions[11] First, the Tribunal concluded that it had jurisdiction to deal with the motion in advance of a full hearing on the merits. [...] [...] 42. The second way in which the operation of issue estoppel may be unfair is not so much concerned with the fairness of the prior proceedings but with the fairness of using their results to preclude the subsequent proceedings. [...] In my view, Figliola did not overturn the principle of fairness enunciated in Danyluk and Toronto.
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64.
Fannon v. Canada (Revenue Agency) - 2017 FC 58 - 2017-01-19
Federal Court Decisions[45] The procedural fairness issue in this case arises in connection with an allegation of Commission staff bias against the Applicant. [...] As noted above, procedural fairness issues are reviewed on the correctness standard. [...] Commission to deal with complaint Irrecevabilité 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
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65.
Anderson v. Canada (Attorney General) - 2018 FC 834 - 2018-08-14
Federal Court DecisionsIf not, is the process set up to be fair to both the complainant and respondent? [...] Has the Commission breached the principles of natural justice and procedural fairness by failing to issue reasons for the Decision? [...] There is no breach of procedural fairness or violation of the principles of natural justice.
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66.
Dhahbi v. Canada (Citizenship and Immigration) - 2009 FC 347 - 2009-04-06
Federal Court Decisions[4] In reply, the Minister submits that procedural fairness was observed and that a special advocate does not have to be appointed because: [...] Does the non‑disclosure to the applicants of information known to the decision maker amount to a breach of procedural fairness? [...] Yet the IRPA deals expressly with that obligation in subsection 87(2).
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67.
Greaves v. Royal Bank of Canada - 2019 FC 994 - 2019-12-12
Federal Court Decisions[25] Whether the Commission’s process was fair raises issues of procedural fairness, which are reviewable on a correctness standard (Harvey v VIA Rail Canada Inc., 2019 FC 569 at para 20; Joshi v Canadian Imperial Bank of Commerce, 2015 FCA 92 at para 6). [...] A. Procedural fairness of the Commission’s decision [28] The Applicant essentially submits that the Commission breached her right to procedural fairness because it did not consider her submissions filed in response to the report. [...] Accordingly, the Court finds that no breach of procedural fairness occurred.
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68.
Coroy v. Canada (Royal Mounted Police) - 2023 FC 1451 - 2023-10-31
Federal Court DecisionsIt decided, pursuant to paragraph 41(1)(e) of the CHRA, not to exercise its discretion to deal with the Applicant’s complaint. [...] [12] The Applicant submits that the Commission’s Decision not to deal with his complaint was unreasonable. [...] [22] The Applicant further submits that the Commission breached the principles of procedural fairness.
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69.
Lund v. Canada (Attorney General) - 2006 FC 640 - 2006-05-25
Federal Court Decisions[3] Mr. Lund made two requests for fairness relief, and both were denied. [...] I do not intend to belabour the circumstances which led to Mr. Lund's financial difficulties, or his history of dealings with CRA. The parties are well aware of those circumstances. [...] Mr. Lund also deposed that it was necessary to engage his accountant on several occasions to deal with these assessment errors.
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70.
Bergeron v. Canada (Attorney General) - 2017 FC 57 - 2017-01-19
Federal Court Decisions[2] Judicial review must be granted because of avoidable, but nonetheless fatal, breaches of procedural fairness. [...] [54] Section 214 of the PSLRA deals with finality of the internal grievance decision: [...] Commission to deal with complaint Irrecevabilité 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
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71.
Aird v. Country Park Village Properties (Mainland) Ltd. - 2002 FCT 837 - 2002-08-01
Federal Court DecisionsOf those, the material requested pursuant to question 405 is dealing with common area taxes to be provided to the Plaintiffs as soon as counsel for the Defendant receives it. [...] 20. Question 270 deals with a letter of instruction sent to Fortin Appraisals on 11 January 2000, a number of months before this action was commenced in the fall of 2001. [...] 26. Question 384 deals with production of the Defendant's tax returns for the years 1994 to date, or alternatively, 1997 to date.
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72.
Girouard v. Canada (Attorney General) - 2019 FC 1282 - 2019-10-10
Federal Court DecisionsRegarding the issues of procedural fairness, the AGC believes that it is up to the Court to determine whether the procedure that was followed was fair. [...] [77] I will deal with each of these items in the following paragraphs. [...] Section 21 deals with the preservation of other rights, privileges and obligations under other provisions of the Constitution Act, and section 22 deals with protections for the use of languages other than French and English.
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73.
Lopez v. Canada (Citizenship and Immigration) - 2007 FC 359 - 2007-04-04
Federal Court Decisions(1) Did the RPD violate procedural fairness by applying Guideline 7 in a manner that improperly fettered its discretion? [...] Guideline 7, unlike guidelines that deal with general policy considerations applicable to substantive decisions, deals essentially with procedure in the conduct of the hearing. [...] In the case at hand, the RPD was aware that it was dealing with a gender based claim.
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74.
Barlagne v. Canada (Citizenship and Immigration) - 2010 FC 547 - 2010-05-18
Federal Court DecisionsProcedural fairness [40] That being said, was there a breach of procedural fairness? [...] He also states that documents B to D and F to H, which deal with Rachel’s health condition, did not need to be disclosed because the procedural fairness letter contained a complete description of the medical officer’s medical notification. [...] [9] The Court is only dealing here with the parts of the legislation that are the most relevant in this case.
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75.
Cape Breton Development Corp. v. Hynes - 1999-03-15
Federal Court Decisions41. 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 [...] I deal with the first two issues as expressed by the applicant, and the third, as I perceive it, that was raised in the course of the hearing. [...] [25] No reasons were here specified by the Commission, a matter I propose to deal with in discussing below the requirements of procedural fairness.