7,644 result(s)
-
301.
BANK OF MONTREAL v. DEBRA BROWN AND AGC - 2006 FC 503 - 2006-04-21
Federal Court DecisionsEveryone appearing before administrative boards is entitled to be treated fairly. [...] As I have stated, it is impossible to have a fair hearing or to have procedural fairness if a reasonable apprehension of bias has been established. [...] Procedural fairness is an essential aspect of any hearing before a tribunal.
-
302.
Brass v. Canada - 2012 FC 927 - 2012-07-24
Federal Court DecisionsIn my view, the fact of Canada’s seeking to minimize its own exposure, if any, during the course of a long negotiating process is not in conflict with Canada’s commitment to deal fairly with the Plaintiffs should Canada’s liability be clearly established. [...] 87 Most significant is the final two factors listed above: both speak to fairness. [...] The law then says that in fairness and consistency, it must be entirely waived.
-
303.
Gordashevskiy v. Canada (Citizenship and Immigration) - 2016 FC 1349 - 2016-12-08
Federal Court Decisions[35] Alternatively, the Respondent submits that any breach of fairness was immaterial. [...] [38] This means that I am left to deal with the dispute between the parties concerning the misrepresentation finding under s 40(1) of the Act and related procedural fairness issues. [...] The duty of candour required the Applicant to be candid in his application form and in his dealings with CIC officers.
-
304.
Chopra v. Canada (Attorney General) - 2013 FC 644 - 2013-06-12
Federal Court Decisions5. Was the process that led to the PSIO/PSIC decisions fair? [26] The Respondent raised the following issues: [...] [74] The Court cannot find any omission to deal with the evidence adduced by the Applicants in respect of this review. [...] (f) there is a valid reason for not dealing with the subject-matter of the disclosure or the investigation.
-
305.
Legere v. Canada (Attorney General) - 2006 FC 969 - 2006-08-11
Federal Court DecisionsAs such, the Act should be given a fair, large and liberal interpretation. [...] Because a decision not to deal with the complaint will summarily end a matter before the complaint is investigated, the Commission should only decide not to deal with a complaint at this stage in plain and obvious cases... . [...] It is clear that the Commission exercised its discretion in good faith, in accordance with principles of natural justice and procedural fairness, and that it did not rely on extraneous considerations.
-
306.
Scott v. Canada (Attorney General) - 2022 FC 832 - 2022-06-06
Federal Court DecisionsWhether there was a breach of procedural fairness; and B. Whether the Decision is reasonable. [...] [32] The Respondent contends that the Decision was rendered in a procedurally fair manner. [...] I do not find that the Applicant’s rights to procedural fairness were breached.
-
307.
Angara v. Canada (Citizenship and Immigration) - 2021 FC 376 - 2021-04-30
Federal Court Decisions[22] The Vavilov decision did not deal directly with issues of procedural fairness, and the approach to be taken on this front has therefore not been modified (Vavilov at para 23). [...] Issues of procedural fairness and the duty to act fairly are not concerned with the merits of the decision, but rather relate to the process followed by the decision maker. [...] In the present case, the specific provisions of the IAD Rules dealing with the availability of an appeal record certainly establish a particular practice and process, to which Ms. Angara was entitled and which she could legitimately expect to benefit from.
-
308.
Pfizer Canada Inc. v. Canada (Health) - 2009 FC 1165 - 2009-11-16
Federal Court DecisionsIf matters change after an appeal, Ratiopharm argues, Pfizer can bring its own motion to deal with the changes. [...] And where a final decision has been made on a fair contest between the parties, that should stand as the final answer between them. [...] Thus, it submits that it did not have a fair hearing and that its fate was determined by the Novopharm trial.
-
309.
Viches v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1366 - 2001-12-12
Federal Court Decisions[8] I must now deal with whether the officer breached the principles of fairness by failing to provide a copy of the PCDO report to the applicant in relation to the risk assessment or by making adverse inferences from the lack of submission on risk. [...] There is no breach of the principles of fairness on the facts in this case. [...] I do not need to decide whether the rule for administrative officers is the same as the courts in dealing with separate applications.
-
310.
Sary v. Canada (Citizenship and Immigration) - 2016 FC 178 - 2016-02-10
Federal Court Decisions• Did the RAD breach the rules of procedural fairness in dealing with Mr. Sary’s application? [...] B. Did the RAD breach the rules of procedural fairness in dealing with Mr. Sary’s application? [...] [32] The Court is thus satisfied that the process followed by the RAD was fair to Mr. Sary and in keeping with the spirit and the letter of the rules of procedural fairness.
-
311.
Thompson v. Royal Canadian Mounted Police - 2007 FC 119 - 2007-02-02
Federal Court DecisionsParliament recognized that including such a time limitation was an important aspect of furthering expediency in the complaint process and fairness to the party responding to a charge of discrimination. [...] [24] Determining whether a complaint is out of time appears to this Court to be a fairly straightforward exercise. [...] 2. The matter is sent back to the Commission that shall deal with the complaint in light of these reasons;
-
312.
Good v. Canada (Attorney General) - 2005 FC 1276 - 2005-09-19
Federal Court DecisionsThe reasons put forth by the Applicant were judged insufficient to justify accepting to deal with the complaint. [...] 41. Commission to deal with complaint (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 [...] The Commission has wisely and fairly, in my view, interpreted its legislation to require that the clock for the one-year time limit runs to the date on which a written complaint is filed.
-
313.
Perry v. Cold Lake First Nations - 2016 FC 1320 - 2016-11-30
Federal Court Decisions[...] C. The Appeal Committee shall deal with the appeals at a public meeting of the electors of the Cold Lake First Nations. [...] [15] Clause 14 deals with appeals in general. Sub-clauses (A), (C) and (G) are relevant and provide as follows: [...] [9] Justice Heneghan concluded that the CLFN Appeal Committee was authorized only to “deal” with appeals “at a public meeting” (at para 16).
-
314.
Raufi v. Federal Express Canada Limited - 2007 FC 1275 - 2007-12-05
Federal Court DecisionsThe case at bar deals with a question of fact: whether or not the 12-month time limit had expired. [...] In contrast, Sketchley, above, and the cases following it deal with questions of law such as whether or not a prima facie case for discrimination was made. [...] On issues of procedural fairness, the Court is required only to determine whether the rules and duty of procedural fairness have been followed (see Ha, above at para. 44).
-
315.
Firsov v. Canada (Attorney General) - 2021 FC 877 - 2021-08-25
Federal Court DecisionsV. Cst. Firsov was not denied procedural fairness [40] Cst. Firsov submits that he was denied procedural fairness due to the bias of the Conduct Authority. [...] He says the Conduct Authority was overly frustrated with having to deal with him. [...] [106] Cst. Firsov determined that they would deal with the assailant upon Cst. Firsov’s arrival at work.
-
316.
Sinnasamy v. Canada (Citizenship and Immigration) - 2008 FC 67 - 2008-01-18
Federal Court DecisionsThe PRRA officer, however, found such actions would not amount to persecution as these measures would be put in place for the purpose of preventing disruptions and dealing with terrorism. [...] The documents consulted by the PRRA officer in that case were bulletins providing guidance to caseworkers dealing with Libyan asylum claims and were therefore very similar to the document relied in the present case. [...] It is difficult to argue, in this context, that the applicant has not been treated fairly considering the circumstances of the case.
-
317.
Knight v. Canada (Attorney General) - 2005 FC 727 - 2005-05-19
Federal Court Decisions[16] It is quite clear that the informal resolution of disciplinary offences is an important aspect of dealing with the offence, but is not a mandatory step. [...] Given that the applicant had a fair hearing and was allowed to make his point and respond to allegations and cross-examine witnesses, I am not convinced that there was any breach of the general duty to act fairly. [...] (i) is in possession of, or deals in, contraband; (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner's Directive or by a written order of the institutional head;
-
318.
Duncan v. Band Council of Behdzi Ahda First Nation - 2003 FC 1385 - 2003-11-25
Federal Court DecisionsDuring the second visit by Maca and DIAND the chief only wanted to deal with one item and that was to have a mediator come in and help resolve their differences. [...] 2001 required to afford to Chief Duncan and Councilor Duncan procedural fairness; secondly, if so, what degree of procedural fairness were they required to provide; and finally, once again assuming they were under a duty to provide procedural fairness, did they provide the degree of procedural fairness required of them? [...] To the extent that this Court has jurisdiction, the principles of natural justice and procedural fairness are to be applied.
-
319.
Gonzalez Vazquez v. Canada (Minister of Citizenship and Immigration) - 2006 FC 106 - 2006-02-09
Federal Court DecisionsNow, the question of natural justice I don=t think is being violated because you=ll have all of the opportunity to deal with the issues as you see fit. [...] In any event there was no Rule nor any Guideline prior to December 2003 dealing with questioning at an oral hearing. [...] 162.(2) PROCEDURE - Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit
-
320.
Egan v. Canada (Attorney General) - 2008 FC 649 - 2008-05-22
Federal Court Decisions121 Weighing the Baker factors, I agree that this is an appropriate description of the content of procedural fairness in this context. [...] After examining this information, the Commission decided, pursuant to subsection 41(1) of the Canadian Human Rights Act, to deal with the complaint because [...] [17] The first three issues deal with the failure by the investigator to interview certain witnesses which the Applicant says were crucial to the matters under investigation.
-
321.
Meeches v. Meeches - 2013 FC 196 - 2013-02-26
Federal Court DecisionsThird parties would not know whether or not they are dealing with a legitimate Tribal Government. [...] b. Overall, the election process appears to have been fairly conducted. [...] It is fixed with dealing with appeals on corrupt conduct and unfairness and its decisions on these matters are final and binding.
-
322.
Wu v. Canada (Citizenship and Immigration) - 2013 FC 614 - 2013-06-07
Federal Court Decisionsb. Was there a breach of the rules of procedural fairness? c. Were there errors of fact in the Decision? [...] [13] In these circumstances I am persuaded that the First Entry did not deal with employment documents. [...] [18] Counsel for the Respondent argued that the IAD was entitled to deal with the Applicant’s conduct without giving notice because she had put fairness in issue on the appeal and her own conduct was relevant to her allegations of unfair treatment.
-
323.
Savit v. Canada (Citizenship and Immigration) - 2023 FC 194 - 2023-02-09
Federal Court DecisionsShe argues that the RAD breached procedural fairness by deciding issues that the Refugee Protection Division [RPD] had not addressed. [...] [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. [...] [30] Although her memorandum of fact and law deals solely with issues of procedural fairness, Ms. Savit stated at the hearing that she also challenged the reasonableness of the RAD’s decision on the issue of corruption.
-
324.
Chomicz v. Canadian Broadcasting Corporation - 2012 FC 1526 - 2012-12-20
Federal Court DecisionsIn fairness to Mr. Chomicz, he never suggests that as an unrepresented litigant, he was entitled to special treatment. [...] [23] I therefore conclude that there has been no breach of procedural fairness or failure to consider relevant material. [...] 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
-
325.
Kreutzweiser v. Canada (Attorney General) - 2018 FC 46 - 2018-01-17
Federal Court DecisionsDoes the CDS have authority to deal with the Applicant’s harassment complaint? [...] 29.11 The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] [84] In dealing with the reinstatement request, the CDS concluded as follows: