7,644 result(s)
-
251.
Jaramillo Escobar v. Canada (Citizenship and Immigration) - 2023 FC 1379 - 2023-10-17
Federal Court DecisionsThe documents submitted as new evidence deal with the refugee protection claim, not the alleged misconduct of former counsel. [...] [37] I do not accept the applicants’ submissions on procedural fairness. [...] They argue that their case is not based on section 96 of the IRPA (which deals with a “fear”), but on paragraph 97(1)(b) of the IRPA, which deals with “risk”, which is entirely objective and does not require the concept of fear.
-
252.
Curry v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1350 - 2006-11-08
Federal Court DecisionsI note that she has been dealing with the prospect of deportation for a number of years. [...] [9] The obligation to give fair and proper consideration to the psychological evidence arises from Guidelines that the Officer was expected to follow. [...] It is apparent that this form of decision-making is contrary to the expectation expressed in the Guidelines, and, as such, is not fair or proper.
-
253.
Joshi v. Canadian Imperial Bank of Commerce - 2014 FC 722 - 2014-07-21
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 [...] As such, there can be no question that the Applicant was given a full and fair opportunity to present his case. [...] Failure to observe a Principle of Natural Justice, Procedural Fairness or Other Procedure that he was required by law to observe
-
254.
Arrachch v. Canada (Minister of Citizenship and Immigration) - 2006 FC 999 - 2006-08-18
Federal Court Decisions[1] This application raises the question of whether a reasonable apprehension of bias may yet arise where a tribunal attempts to deal with “forum shopping” by counsel in a fair and impartial manner. [...] He told his clients that they would not get a fair hearing by this Board member. [...] I also have no doubt that the member attempted to deal with this matter in a professional and ethical manner, as he repeatedly stated.
-
255.
Chong v. Canada - 1997-06-16
Federal Court DecisionsIn effect, as I understand His Lordship to say, the Committee had rejected the grievances without dealing with comparability with the Ontario situation, an issue squarely put forth by the grievors. [...] Furthermore, His Lordship was evidently troubled by the John Kent factor and instructed the Committee to deal with that also. [...] Pinard J., in dismissing the judicial review application, relied on the analysis of McKeown J. in Chong as to the standard of "fairness" to be applied in such proceedings.
-
256.
Alvarez Rivera v. Canada (Citizenship and Immigration) - 2021 FC 99 - 2021-01-29
Federal Court DecisionsHowever, these decisions do not deal with the standard that applies to the review of the decision once made. [...] [17] One of those exceptions concerns questions of procedural fairness. [...] B. Decision of RPD breached procedural fairness and was unreasonable
-
257.
MacPhail v. Canada (Attorney General) - 2016 FC 153 - 2016-02-08
Federal Court DecisionsIndeed, it is the TB who retains jurisdiction to deal with all financial matters for which it is responsible in accordance with the National Defence Act (NDA), article 35(2) (Reimbursements and Allowances). [...] [19] The Applicant suggests that his commanding officer was wrong in determining he could not deal with the grievance. [...] The Applicant was not denied procedural fairness in the rendering of the CDS’s decision denying his grievance.
-
258.
Townsend v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 371 - 2003-03-27
Federal Court DecisionsAs a result, there was a violation of procedural fairness (Bhagwandass (T.D.), supra). [...] [13] The Applicant submits that the Minister's Delegate erred in law by failing to deal with his motion to have the decision reopened on the ground that the original danger opinion was made in violation of fairness (Yushchuk v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 1324 (T.D.)). [...] There appears to be no case law which deals specifically with the power of the Minister's Delegate to cancel the original danger opinion and start anew.
-
259.
Taseko Mines Limited v. Canada (Environment) - 2017 FC 1099 - 2017-12-05
Federal Court Decisions[12] Taseko submitted an EIS on September 27, 2012, purporting to deal with the deficiencies in the initial Prosperity project proposal. [...] [19] In a letter dated May 24, 2013, Taseko sought to postpone dealing with the deficiencies. [...] In dealing with any of the statutory criteria, the range of factual possibilities is practically unlimited.
-
260.
Canada (Attorney General) v. Grover - 2004 FC 704 - 2004-05-14
Federal Court Decisions4. Was this an appropriate way to deal with Dr. Grover's request that proceedings be stayed pending the outcome of the Ontario Superior Court action? [...] [39] Intertwined with these conditions are the rules of procedural fairness. [...] ... In my view the Commission had an obligation, as a matter of fairness, to do so.
-
261.
Akbari v. Canada (Citizenship and Immigration) - 2023 FC 53 - 2023-01-13
Federal Court DecisionsIn this regard, it is noted that allowing the reinstatement under the circumstances of this case would prejudice the RPD’s ability to deal with refugee claims fairly and efficiently. [...] [37] To be clear, the RPD’s “ability to deal with refugee claims fairly and efficiently” is a relevant consideration in the “interests of justice” branch of the analysis. [...] There is also no information explaining why a refusal is necessary and in the “interests of justice” in order to preserve the RPD’s “ability to deal with refugee claims fairly and efficiently.” Indeed, the record does not include any information on which the Court could rely to justify the Member’s refusal to reinstate the
-
262.
Creelman v. Canada (Attorney General) - 2021 FC 304 - 2021-04-09
Federal Court Decisions(1) Did the Respondent breach procedural fairness by denying an interview? [...] [13] The first issue deals with procedural fairness and is reviewable on a standard of correctness. [...] A. Did the Respondent breach procedural fairness by denying an interview?
-
263.
Jaballah (Re) - 2001 FCT 1287 - 2001-11-23
Federal Court DecisionsYet the Court must deal with a challenge to the appropriateness of any subpoena. [...] Moreover, the Court should not ignore other processes that exist under the law for dealing with Mr. Jaballah. [...] ii) a declaration that ss. 40.1(4) and (5.1) and the in camera nature of the proceedings and denial of disclosure contravenes the rights to a fair and public hearing before a fair and impartial tribunal as guaranteed,
-
264.
Ibrahim v. Shaw Cablesystems G.P. - 2010 FC 1220 - 2010-12-02
Federal Court Decisions[5] The Commission first decided not to deal with alleged discriminatory acts which occurred prior to February 2005. [...] [24] In my opinion the investigation was complete, neutral and fair. [...] There had been harassment, but Shaw acted very promptly and reasonably in dealing with it.
-
265.
Burlacu v. Canada (Attorney General) - 2019 FC 1215 - 2019-09-24
Federal Court Decisions13 (1) Le fonctionnaire peut faire une divulgation en communiquant au commissaire tout renseignement visé à l’article 12. [...] (i) receive, review, investigate and otherwise deal with complaints made in respect of reprisals. [...] g) examiner les résultats des enquêtes menées sur une divulgation ou commencées au titre de l’article 33 et faire rapport de ses conclusions aux divulgateurs et aux administrateurs généraux concernés;
-
266.
Viewpoint International Inc. v. On Par Enterprises Inc. - 2001 FCT 629 - 2001-06-08
Federal Court DecisionsThat kind of confusion, as we have said in other suits, leads to loss of "name" goodwill the loss of which in the normal course is a kind of damage which, when suffered by a commercial firm in the ordinary course, is fairly readily calculable and therefore can be fairly compensated for in damages. [...] The respondent filed many affidavits to the effect that it had acquired a reputation for honesty, integrity and fairness. [...] [47] I now turn to Dr. Deal's evidence. In order to formulate his opinion, Dr. Deal assumed certain facts were true and they were:
-
267.
Spruce Hollow Heavy Haul Ltd. v. Madil - 2015 FC 1182 - 2015-10-20
Federal Court DecisionsThis flows from the employer’s obligation to act in good faith and deal fairly with their employees when they are dismissed. [...] It is not enough for the employee to simply demonstrate that the employer breached their duty of good faith and fair dealing. [...] He found that Spruce Hollow had violated its duty of good faith and fair dealing during the course of Ms. Knezacky’s termination, and that this conduct supported an award of punitive damages.
-
268.
Borisovna Abbasova v. Canada (Citizenship and Immigration) - 2011 FC 43 - 2011-01-14
Federal Court DecisionsAs Justice Léonard Mandamin observed in a decision dealing with procedural fairness, psychological evidence should be relevant in the case of women refugees: [...] [17] Section 113 of the IRPA deals with pre-removal risk assessment: [...] As Justice Léonard Mandamin observed in a decision dealing with procedural fairness, psychological evidence should be relevant in the case of women refugees:
-
269.
Harkat, Re - 2004 FC 1717 - 2004-12-10
Federal Court DecisionsThere has not been a breach of the duty to make full and fair and candid disclosure. [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] While a positive duty is imposed upon the judge by s. 78(c) to deal with all matters as informally and expeditiously as considerations of natural justice and fairness permit, it is submitted that to introduce an amicus curiae into section 78 proceedings would be neither expeditious nor fair.
-
270.
Canada (Attorney General) v. Canada (Public Sector Integrity Commissioner) - 2016 FC 886 - 2016-07-29
Federal Court Decisions[37] On October 27, 2014, the RCMP wrote to the Commissioner requesting the investigation be re-opened, renewing the jurisdictional challenge, and raising a question of procedural fairness. [...] The RCMP says this means once another body is dealing with the subject matter the Commissioner may not deal with it. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
-
271.
Maarsman v. Canada (Customs and Revenue Agency) - 2003 FC 1234 - 2003-10-22
Federal Court DecisionsBut Parliament has chosen to enact the fairness provisions, and the Minister has a duty to ensure that they are applied fairly to the taxpayer. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules [...] [69] In addition, there have been considerable delays dealing with the second fairness request.
-
272.
Sheriff v. Canada (Attorney General) - 2005 FC 305 - 2005-02-25
Federal Court DecisionsFinally, these reasons deal with the merits of the issues raised in this application. [...] I return to the issues raised in this application after dealing with issues arising after the penalty decision in June 2003. [...] The appropriate standard of fairness [40] The trustees raise two preliminary objections to the process which in my view concern the fairness of the proceedings.
-
273.
Johnston v. Canada (Attorney General) - 2010 FC 348 - 2010-03-30
Federal Court Decisions[23] I wish to first deal with Issue 3. [24] Issue 3 Did the Board fail to provide adequate reasons for its decision? [...] [38] This has resulted in a denial of procedural fairness to the applicant. [...] [39] Because of my finding on Issue 3, I will not deal with Issue 2.
-
274.
Phuti v. Canada (Minister of Citizenship and Immigration) - 2000-07-12
Federal Court Decisions[2] File IMM-3917-99 deals with the visa officer's decision to refuse the application. [...] However, I subsequently realized that I had been mistaken with respect to program manager concurrence to deal with this case. [...] [32] Having found breach of procedural fairness which is sufficient to grant this judicial review application and set aside the visa officer's refusal, the Court would normally not see the necessity of dealing with the other grounds advanced by the applicant.
-
275.
ConocoPhillips Canada Resources Corp. v. Canada (National Revenue) - 2016 FC 98 - 2016-01-27
Federal Court DecisionsConocoPhillips also raises a question of procedural fairness or procedural unacceptability, asserting that the Minister’s refusal to grant the requested waiver breaches natural justice and procedural fairness. [...] [32] In view of the Supreme Court’s decision in Canada v Addison & Leyen Ltd., 2007 SCC 33, [2007] 2 SCR 793, ConocoPhillips states that since the Minister owes a duty of fairness to taxpayers, this Court has jurisdiction to review Ministerial decisions that cannot be appealed to the Tax Court or that deal with abuse of [...] Following Canada (Attorney General) v Mavi, 2011 SCC 30, [2011] 2 SCR 504, ConocoPhillips further states that fairness is of fundamental importance, particularly for there to be fair and just exercises of a discretionary power.