7,644 result(s)
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376.
Agnaou v. Canada (Attorney General) - 2017 FC 338 - 2017-03-31
Federal Court Decisions[39] Both parties agree that the standard of reasonableness applies to the review of the merits of the Commissioner’s decision, while the standard of correctness applies to any issue of procedural fairness the applicant has raised in this case. [...] After carefully weighing the issues of procedural fairness and natural justice, I have concluded that the need for flexibility and a response to the developments in this case prevail over the finality of the decision made on November 9, 2015. [...] It is undeniable that the applicant has put a great deal of time and energy into this case.
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377.
Mujiri v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 121 - 2002-01-31
Federal Court DecisionsThe second stage of the process deals with whether the applicant is eligible for admission to Canada. [...] The applicants raised the following errors and I will deal with each of them: [...] As the officer was in error, I do not propose to deal with the other listed errors.
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378.
Mcintyre v. Canada (Citizenship and Immigration) - 2016 FC 1351 - 2016-12-08
Federal Court Decisions[31] The Applicant has raised three major issues for review and I will deal with each in turn. [...] It there was viva voce evidence of risk, the IAD failed to deal with it so that this could well be a reviewable error. [...] [33] In dealing with the issue of whether or not to grant a stay, the IAD stated that “[s]tays of deportation are, by their very nature, special relief.
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379.
El Shurafa v. Canada (Attorney General) - 2014 FC 789 - 2014-08-08
Federal Court Decisions[14] Further, he argues that Passport Canada also acted unfairly because its actions violated his deal with the prosecutor. [...] [20] The respondent says that the decision was also procedurally fair. [...] [47] I need not deal with the last issue because of my findings on the other issues.
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380.
Sanofi-Aventis Canada Inc. v. Canada (Attorney General) - 2009 FC 965 - 2009-09-24
Federal Court Decisions[32] These are both primarily questions of statutory interpretation, and at least the first question deals with a true question of vires. [...] [41] This Court, in dealing with one of the interlocutory issues raised between the Board and the applicant, pronounced on the content of the duty of fairness applicable to the Board’s decisions. [...] [45] With regard to the first consideration, in light of section 97(1) of the Act, which provides that the Board shall deal with proceedings “as informally and expeditiously as the circumstances and considerations of fairness permit,” the applicant is correct in concluding that the 9 year period from April 20, 1999 to July
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381.
Zaib v. Canada (Citizenship and Immigration) - 2010 FC 769 - 2010-07-21
Federal Court Decisions[8] While Mr. Zaib has raised a number of issues with respect to the officer’s decision, I need only deal with the issue of fairness, as that issue is determinative of the outcome of the application. [...] [9] The section of Citizenship and Immigration Canada’s Immigration Manual dealing with procedural fairness in the evaluation of visa applications provides that officers should accurately describe to visa applicants the documents that they are required to submit in order to address officers’ concerns. [...] [17] In these circumstances I am satisfied that the failure of the officer to fairly describe the extrinsic evidence obtained resulted in Mr. Zaib being denied a fair opportunity to provide a meaningful response to the officer’s concerns.
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382.
Gil v. Canada (Citizenship and Immigration) - 2014 FC 370 - 2014-04-17
Federal Court DecisionsThese are all essentially issues of procedural fairness that I will assess on the basis of the standard of correctness. [...] [13] Mr. Gil also relies on the Minister’s PRRA Guidelines (PP3) dealing with the issue of functus officio. [...] His fairness argument thus rests solely on the technical pillar of the doctrine of functus officio.
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383.
Ibe-Ani v. Canada (Citizenship and Immigration) - 2020 FC 1112 - 2020-12-02
Federal Court DecisionsThere is considerable overlap in the evidence and argument on these points, and so I will deal with them together. [...] I note that the Applicant did not say that he misunderstood the question in his response to the fairness letter. [...] The decision, while short, explains the Officer’s reasoning in sufficient detail, in particular given the context of a visa officer dealing with a study permit.
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384.
Logan v. Canada (Minister of Citizenship and Immigration) - 1999-06-08
Federal Court Decisions(a) Breach of duty of fairness [13] The Federal Court of Appeal in Shah v. Canada (1994), 29 Imm.L.R. (2d) 82, (F.C.A.), dealt with the duty of fairness where the section 114 exemption was being sought on humanitarian and compassionate grounds. [...] In this respect, it differs from many other decisions, e.g. by a visa officer dealing with a sponsored application for landing, where the law establishes criteria which, if met, give rise to certain rights. [...] Once the department agreed to the interview of October 22, 1986, they then had an obligation to act fairly.
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385.
Renaud v. Canada (Attorney General) - 2013 FC 18 - 2013-01-11
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] Basically, the applicant alleged that the investigator had not acted impartially and fairly towards her and had breached the principles of procedural fairness. [...] It is therefore important that steps be taken to mitigate the negative effects and to deal with the complaint quickly.
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386.
Bank of Nova Scotia v. Williams - 2021 FC 1122 - 2021-10-21
Federal Court DecisionsThe Commission rejected this recommendation, and decided to deal with the complaint in a decision dated June 12, 2019. [...] Forum shopping for a different and better result can be dressed up in many attractive adjectives, but fairness is not among them. [...] However, pursuant to Figliola, the Commission is not bound by “precise doctrinal catechisms”, and should instead focus on fairness and avoiding relitigation of issues that have already been decided by a decision maker with the authority to resolve them.
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387.
O'Grady v. Bell Canada - 2015 FC 1135 - 2015-10-05
Federal Court DecisionsShe submits this is a breach of procedural fairness and gives an appearance of bias. [...] It fails to deal with the Applicant’s submissions at all. By not addressing those submissions the Commission has left an analytical gap which the Court cannot fill. [...] [42] In a recent decision of this court dealing with failure to consider submissions, Justice Fothergill found in Brosnan v. Bank of Montreal, 2015 FC 925 at para 11, that “[w]here the Commission fails to address submissions that go to the heart of the complaint under adjudication, this implicates the procedural fairness of
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388.
Kniss v. Canada (Privacy Commissionner) - 2013 FC 31 - 2013-01-15
Federal Court Decisions[22] In her capacity under the PIPEDA, the Privacy Commissioner conducts “[...] impartial, independent and non-partisan investigations” when dealing with complaints. [...] [35] In addition, the powers of the Federal Court when dealing with the recourse provided by section 14 of the PIPEDA are not comparable to a judicial review process. [...] Such permission may be granted when allegations of bias or issues of procedural fairness are raised.
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389.
Rodrigues v. Canada (Citizenship and Immigration) - 2008 FC 77 - 2008-01-22
Federal Court Decisions[19] I deal briefly with the preliminary issue raised by counsel for the Minister. [...] He did not obtain a psychological assessment dealing with the likelihood of the applicant committing further offences. [...] Mr. Vuppal also failed to file and deal with the sentencing decisions of the criminal courts following conviction.
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390.
Dufresne v. Canada (Attorney General) - 2013 FC 1071 - 2013-10-24
Federal Court DecisionsFinally, she refused to deal with any issue that had not been raised at the first level of grievance. [...] Were the principles of natural justice and procedural fairness violated in this case? [...] [11] . . . There is a world and a day of difference between the degree of procedural fairness which is to be applied when we are dealing with someone who is incarcerated or someone who is at liberty.
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391.
Qin v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1504 - 2003-12-19
Federal Court Decisions[7] Mr Qin submits that the maxim of procedural fairness, "he who hears must decide" was breached. [...] 3. Did the Visa Officer breach any principle of procedural fairness owed to the applicant? [...] The second issue is whether the visa officer violated the duty of fairness by delegating the hearing of the interview to Ms. Solis.
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392.
Dorey v. Canada (Customs and Revenue Agency) - 2003 FC 1241 - 2003-10-23
Federal Court DecisionsThat request was received by the Fairness Team on October 19, 2001. The second request was assigned to a different Fairness Officer, Lee Bridger, for review and the preparation of a report and recommendation. [...] [18] The Respondent argues that the record shows that it considered only relevant matters including its earlier delays in dealing with prior requests by the Applicant and its failure to follow its own procedures in dealing with his second request. [...] 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
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393.
Wilson v. Canada (Attorney General) - 2012 FC 1226 - 2012-10-19
Federal Court Decisions[9] Mr. Wilson raised concerns regarding the time it has taken to deal with his request and grievance; however, those are not issues before me. [...] Mr. Wilson says that “[the Warden] cannot make a new decision he has to reside with the original one with all [its] warts and the acknowledgement that he failed in his duty to act fairly.” [...] In my view, the decision on remedy was justified on the basis of the governing legislation and policy which required the Warden to provide complete reasons dealing with the factors set out in the legislation.
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394.
Tsetta v. Band Council of the Yellowknives Dene First Nation - 2014 FC 396 - 2014-04-29
Federal Court Decisionsiv) Did the Band Council’s procedure in suspending the Chief breach procedural fairness? [...] There were certainly enough credible allegations of wrongdoing to raise legitimate concerns, and it was in the best interest of the First Nation and of its political institutions to clear the air and to deal with these issues in a fair and orderly manner. [...] iv) Did the Band Council’s procedure in suspending the Chief breach procedural fairness?
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395.
Naqvi v. Defence Research and Development Canada - 2023 FC 88 - 2023-01-20
Federal Court DecisionsThe Applicant says that he was denied procedural fairness because the Commission’s investigation was not sufficiently thorough. [...] On August 24, 2020, the Commission accepted the recommendation to deal with the complaint under section 41. [...] [15] The ultimate question for a Court addressing issues related to procedural fairness is whether the procedure was fair in all the circumstances.
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396.
Alhaqli v. Canada (Citizenship and Immigration) - 2017 FC 728 - 2017-07-27
Federal Court Decisions(a) for reasons of fairness and natural justice; a) en raison de considérations d’équité et de justice naturelle; [...] The former are administrative in nature and the latter deal with adjudicative issues that deal with the hearing itself. [...] Before addressing these issues, the present status of the Applicants and their approach to dealing with their concerns raise a number of preliminary issues that the Court must deal with.
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397.
McLeod (Estate) v. Canada (National Revenue) - 2007 FC 1111 - 2007-10-26
Federal Court Decisions[9] In October of 2006, Mr. McLeod’s request for fairness relief was denied. [...] The Fairness Request [10] An initial fairness request filed by Mr. McLeod was allowed, and he was granted relief from late filing penalties for the 2000 and 2001 taxation years. [...] [30] In these circumstances, the finding that Mr. McLeod was in a position to deal with his financial affairs during the relevant period is unreasonable.
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398.
Hengerer v. Blood Indians First Nation - 2014 FC 222 - 2014-03-06
Federal Court Decisions[30] The Respondents say that the Applicants are challenging the decision of Council to not have commercial dealings with Hengerer in 2014 and this is causing a great deal of disruption in the Blood Tribe community. [...] In other words, it is my view that the Court does have the jurisdiction to deal with this application. [...] Procedural Fairness [51] I agree with the Respondents that the procedural fairness issues are different for Hengerer and the Occupant Applicants.
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399.
Society of Composers, Authors and Music Publishers of Canada v. Landmark Cinemas of Canada Ltd. - 2000-10-02
Federal Court DecisionsBoth of MacMillan Bloedel and Everingham, supra, deal directly with prohibited communications with individuals represented by counsel and broadly canvass the applicable principles. [...] The ensuing exchange did not deal with the proceeding and no information of any kind was imparted to the Crown counsel. [...] [43] Without in any way detracting from the impropriety of Ms. Peech's conduct, I cannot find that a fair minded member of the public, in possession of all of the facts in this case, would conclude that the fair administration of justice requires the intervention of the court in favor of the defendant.
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400.
Canadian Union of Public Employees (Airline Division) v. Air Canada - 2013 FC 184 - 2013-02-22
Federal Court Decisions[6] The Commission decided to deal with CUPE’s complaint in May of 1992. [...] Section 32 deals with the hiring of Commission staff and contractors. [...] [53] Subsection 43(1) deals with the appointment of investigators. It provides that: