7,645 result(s)
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51.
Lill v. Canada (Attorney General) - 2024 FC 664 - 2024-05-01
Federal Court DecisionsAnything dealing with his complaints and correction requests that we cannot use is in red. [...] C. Procedural Fairness [43] In his memorandum, Mr. Lill also argues that the manner in which his grievance was analyzed breached procedural fairness. [...] Given that I am addressing this issue from the perspective of the decision’s reasonableness, it is not necessary to deal with it from a procedural fairness perspective.
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52.
Chrono Aviation Inc. v. Canada (Attorney General) - 2024 FC 635 - 2024-04-26
Federal Court Decisions[23] The Attorney General makes detailed submissions to show that the Minister complied with procedural fairness and that his decision was reasonable. [...] I will deal with these two issues in turn. (3) Alleged lack of alternatives
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53.
Nunavut Tunngavik Incorporated v. Canada (Fisheries and Oceans) - 2024 FC 649 - 2024-04-26
Federal Court DecisionsThe honour of the Crown is a constitutional principle that is always at stake when the Crown deals with Indigenous people (Manitoba Metis Federation Inc v Canada (Attorney General), 2013 SCC 14 at paras 69-70 [Manitoba Metis]; NTI v Canada (Attorney General), 2012 NUCJ 11, rev’d in part, 2014 NUCA 2). [...] FNC Quota agrees that the honour of the Crown is “always at stake” in the Crown’s dealings with Indigenous people, and that in this case the Crown had to pay attention to the Mi’kmaq Coalition’s interests since the Transaction could secure their long-term prosperity. [...] (4) Conclusion on Procedural Fairness [92] The Minister did not breach the duty of procedural fairness.
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54.
Veerasingam v. Canada (Citizenship and Immigration) - 2024 FC 639 - 2024-04-26
Federal Court DecisionsProcedures and Criteria for Determining Refugee Status [the UNHCR Handbook] as well as the Federal Court of Appeal’s decision in Canada (Citizenship and Immigration) v Galindo Camayo, 2022 FCA 50 [Camayo] at paragraph 84, which outlines the factors that the RPD should consider and balance when dealing with cessation cases. [...] [17] At the eleventh hour, less than two days before the hearing, the Applicant informed the Court of his intention to argue that the lack of a transcript and/or audio recording of the cessation hearing in the certified tribunal record [CTR] constituted a breach of procedural fairness. [...] The Respondent did not make any efforts to conceal his presence in Sri Lanka while entering and exiting the country and he testified that he did not encounter any problems when dealing with Sri Lankan immigration authorities when transiting the port of entry.
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55.
Zhao v. Canada (Citizenship and Immigration) - 2024 FC 645 - 2024-04-26
Federal Court Decisions[16] Considerations of procedural fairness do not occur in a vacuum. [...] The nature of the duty of fairness is flexible and variable and is dependant on the circumstances. [...] [33] The Respondent conceded the failure to act on the TRP Request was a reviewable error under section 24 of IRPA. While I do not need to deal with this issue, I have noted the issue and the Respondent’s concession in the hope that this type of error will not be repeated by officers going forward.
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56.
Warsame v. Canada (Citizenship and Immigration) - 2024 FC 630 - 2024-04-25
Federal Court Decisions[3] I find the RAD breached procedural fairness by raising a new issue without providing the Applicant an opportunity to respond. [...] [11] With respect to procedural fairness, “the ultimate question remains 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, [2019] 1 FCR 121 at paragraph 56. [...] [13] In order to implement this principle, this Court relies on R v Mian, 2014 SCC 54, [2014] 2 SCR 689 [Mian], even though it deals with an appeal in the criminal context.
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57.
Jamshidi v. Canada (Citizenship and Immigration) - 2024 FC 627 - 2024-04-24
Federal Court Decisions[8] Instead, I dismiss the Applicant’s application as I find the Decision reasonable and I find no breach of procedural fairness. [...] [56] Whether or not the Court shall develop further protocols and rules to deal with non-appearances as a systemic issue is not for me to decide. [...] B. The Officer did not breach the duty of procedural fairness [58] The Applicant appears to raise three procedural fairness arguments.
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58.
Trophy Lodge NWT Ltd. v. Canada (Attorney General) - 2024 FC 618 - 2024-04-24
Federal Court DecisionsB. The process followed by Parks Canada was in breach of procedural fairness 34 [...] [...] I made my decision with a good deal of thought and consideration. [...] B. The process followed by Parks Canada was in breach of procedural fairness
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59.
Nguyen v. Canada (Citizenship and Immigration) - 2024 FC 609 - 2024-04-23
Federal Court Decisions[8] On October 27, 2022, IRCC sent the Applicant a procedural fairness letter. [...] [10] The issue is whether the Officer’s decision was reasonable and procedurally fair. [...] [21] Given my finding regarding reasonableness, I will not deal with the procedural fairness issues.
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60.
Hutton v. Sayat - 2024 FC 601 - 2024-04-19
Federal Court DecisionsThis judge has fifteen years of experience in dealing with matters related to national security as well as related prior legal experience. [...] While Justice Fothergill found that additional disclosure may be warranted when there are allegations of bias or a breach of procedural fairness, he also noted that “it does not allow a person to engage in a fishing expedition in the hopes of discovering some documents to establish the claim.” Therefore, Justice Fothergill [...] • Preserve the Court’s powers to act further, when necessary, to adjust the vexatious litigant order, but only in accordance with procedural fairness.
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61.
Heron v. Salt River First Nation No. 195 - 2024 FC 597 - 2024-04-18
Federal Court DecisionsJustice Favel issued a long, detailed decision dated March 12, 2024 (2024 FC 413) dealing with a consolidation of judicial reviews, in which the Applicant was successful. [...] The serious issue that the Applicant was not given notice of the suspension after the decision of Justice Favel was clear that meetings to suspend her demanded a high degree of procedural fairness.
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62.
Lamontagne v. Canada (Attorney General) - 2024 FC 583 - 2024-04-15
Federal Court DecisionsDid Ms. Allen’s decision-making process comply with the principles of procedural fairness? [...] [74] Issues of procedural fairness and the duty to act fairly do not involve the merits of a decision rendered, but relate to the process the administrative decision maker followed. [...] CELL and Mr. Lamontagne knew the case to meet and had a full and fair chance to respond (CPR at para 56).
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63.
Bedard v. Canada (Attorney General) - 2024 FC 570 - 2024-04-10
Federal Court DecisionsThe Applicants also pointed to the ERC’s own publication indicating that the ERC’s raison d’être is to promote fair and equitable labour relations as support for their position. [...] That the ERC has a mandate to deal with internal RCMP decisions does not transform the ERC process into a collective bargaining process governed by labour law. [...] Nevertheless, I will deal with the remainder of the Apotex test as it applies to the application before me.
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64.
Easter v. Alexander - 2024 FC 567 - 2024-04-10
Federal Court DecisionsI deal first, however, with the preliminary matter of the Plaintiff’s Supplementary Motion Record containing further affidavit evidence that was submitted after the filing of the Defendant’s Motion Record. [...] The FCR pertaining to motions do not contemplate reply evidence, although I observe that it may be permitted in unusual circumstances involving a question of procedural fairness and where it is necessary to make a proper determination: Black & White Merchandising Co Ltd v Deltrans International Shipping Corporation,
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65.
Promotion In Motion, Inc. v. Hershey Chocolate & Confectionery LLC - 2024 FC 556 - 2024-04-09
Federal Court DecisionsSince they were not, it is fair to say on Hershey’s concession that the Brigley Affidavit is unnecessary and similarly immaterial. [...] [59] However, in my view, the Opponent’s evidence demonstrates that with respect to chocolate specifically, the trademark KISSES has acquired a fairly substantial degree of distinctiveness in Canada through extensive sales and advertising over decades. [...] It was fair for the Board to conclude that SWISS was clearly descriptive of a geographical location known for its chocolate, was not inherently distinctive of PIM’s chocolates of Swiss origin, and lacked any acquired distinctiveness with respect to PIM’s chocolates of Swiss origin.
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66.
Mamut v. Canada (Citizenship and Immigration) - 2024 FC 536 - 2024-04-05
Federal Court DecisionsUnder IRPA section 87.1, the question to be answered is whether “considerations of fairness and natural justice require that a special advocate be appointed to protect the interests” of the applicants in any closed proceeding, including any closed proceeding dealing with the Minister’s objections to disclosure under IRPA [...] [32] The fact that the underlying proceedings are judicial rather than administrative does not necessarily entitle the applicants to a higher degree of procedural fairness than would be the case before an administrative decision maker dealing with the underlying matters – namely, the applications for permanent residence. [...] I also find that disclosure of the summary is warranted in the interests of fairness to Mr. Abdulahad.
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67.
Heron v. Salt River First Nation No. 195 - 2024 FC 525 - 2024-04-04
Federal Court DecisionsElection Code “for purposes of clarity and public certainty” to, among other things, suspend her for 60 days without pay, ban her from attending the SRFN conference centre and offices, and ban her from interfering with SRFN’s administration, business, and dealings with membership, governments, industry, and SRFN’s bank. [...] Furthermore, Chief Heron states that since she was suspended in October 2022, SRFN Council have failed to hold an Annual General Meeting, failed to file their financial statements, and entered into contracts without fair competition. [...] has demonstrated that Council has suspended her by repeating conduct the Court found to be unreasonable and procedurally unfair in Heron v SRFN. The Court in Heron v SRFN stated that a suspension of an elected leader and extension of such a suspension are serious matters that require a high degree of procedural fairness.
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68.
Tabatabaei v. Canada (Citizenship and Immigration) - 2024 FC 521 - 2024-04-04
Federal Court DecisionsThe focus of the reviewing court is whether the process was fair in the circumstances: Chaudhry v Canada (Citizenship and Immigration), 2019 FC 520 at para 24. [...] [8] Before addressing the merits of this judicial review, I deal first with two preliminary issues: (a) the Applicant’s non-participation in the hearing of this matter; and (b) the Respondent’s proposed amendment of the style of cause. [...] [13] In my view, the Officer deals unreasonably with the issue of family ties.
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69.
Hekmatian v. Canada (Citizenship and Immigration) - 2024 FC 515 - 2024-04-03
Federal Court DecisionsThe Respondent further states that the arguments raised do not actually give rise to a procedural fairness issue. [...] • b)Was there a breach of procedural fairness? [6] Both parties agree on the applicable standard of review. [...] Section 216(1)(b) of the Immigration and Refugee Protection Regulations [IRPR] deals with applications for study permits.
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70.
Panton v. Canada (Citizenship and Immigration) - 2024 FC 514 - 2024-04-03
Federal Court DecisionsThey determined any hardship the Applicant would face in relocating to Jamaica would “arise from the normal and foreseeable working of the law.” In summary, the officer determined the Applicant failed to meet their “onus of demonstrating, having regard to all of the circumstances that decent, fair-minded Canadians aware of [...] Those interests must be well identified, defined, and examined with a great deal of attention in light of all the evidence (Kanthasamy at para 39).
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71.
Alam v. Drew Bieber - 2024 FC 499 - 2024-03-28
Federal Court DecisionsHowever, even if it were considered, it adds nothing of significance as it deals with delivery of a copy of the statement of claim to Mark Biernacki. [...] [42] I will first deal with the claims (if they can be called that) relating to everything other than copyright. [...] I will then deal with the claim for copyright infringement. [43] Many aspects of the Claim are simply bald assertions of conclusions.
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72.
Canada (National Revenue) v. ASB Holdings Limited - 2024 FC 494 - 2024-03-28
Federal Court Decisions[5] With respect to Request 1, there is no valuation report nor other documents evidencing the fair market value of the transferred property as described therein. [...] [52] Moreover, the case law is clear that the further affidavit sought to be filed must not deal with evidence that could have been made available at the time the initial affidavits were filed. [...] Specifically, the Applicant asserts that the Respondents’ obstructionist conduct during the cross-examination of Mr. Grater is prejudicial to the fair hearing of the Application.
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73.
Medexus Pharmaceuticals Inc. v. Accord Healthcare Inc. - 2024 FC 424 - 2024-03-26
Federal Court Decisions[93] Rather than addressing the parties’ arguments on ‘about 50 mg/ml’ in this section, I will address them in the section dealing with the ambiguity ground of invalidity. [...] [219] In any event, on the question of motivation, I find Dr. Massarotti’s views are actually fairly close to those of Dr. Roth. [...] The defendants have not persuaded me that the skilled person would be unable to define ‘about 50 mg/ml’ with sufficient precision so as to be fair to both the patentee and the public.
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74.
T.C.S.T. v. Canada (Citizenship and Immigration) - 2024 FC 473 - 2024-03-26
Federal Court Decisions[6] On September 2, 2022, the PEID provided a procedural fairness letter to the Applicant. [...] [46] The Applicant argues that these cases do not deal with the constitutionality of s. 9(1)(b) of the CPO and are distinguished on their facts in a determinative manner. [...] I note that sections 9 through 11 deal with “Refusal of Passports and Revocation”.
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75.
Ali v. Canada (Public Safety and Emergency Preparedness) - 2024 FC 466 - 2024-03-25
Federal Court DecisionsHowever, issues of procedural fairness are reviewed on a standard of correctness. [...] Nor did the RPD deal with or make any decision regarding fingerprints or biometrics: neither was not raised. [...] I gather there are several hundred RPD Panel members who deal with tens of thousands of applications annually.