7,644 result(s)
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426.
Utovac v. Canada (Treasury Board) - 2006 FC 643 - 2006-05-29
Federal Court Decisions[17] In the present review, the Applicant submits that the Committee breached its duty of fairness by failing to grant him an opportunity to respond to management's answers to questions that deal with the relationship of his work to the overall management of the OAS and CPP programs. [...] They deal only with those characteristics that can be defined and distinguished and that are useful in determining the relative values of jobs. [...] (i) a provision of a statute, or of a regulation, by-law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or
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427.
Canada (Attorney General) v. Clayton - 2018 FC 436 - 2018-05-02
Federal Court DecisionsD. Did the Majority’s Award Deal with an Issue that was not Within the Submission to Arbitration Made under Chapter Eleven of NAFTA? [...] [91] It is fair to say that the decision of the majority in this case has attracted a great deal of negative commentary from the dissenting arbitrator, the academy and the State Parties themselves. [...] D. Did the Majority’s Award Deal with an Issue that was not Within the Submission to Arbitration Made under Chapter Eleven of NAFTA?
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428.
Spence v. Canada (Revenue Agency) - 2010 FC 52 - 2010-01-19
Federal Court DecisionsA high degree of deference is to be afforded when dealing with findings of fact and discretionary decisions. [...] The Act contains several provisions referred to as the “fairness provisions” or the “fairness package”, which in effect allow tax authorities to grant relief against the operation of certain provisions of the Act. Subsection 220(3.1) is a fairness provision and in particular, provides the Minister with the discretion to [...] [33] Because of my findings on this issue, I need not deal with the other issues.
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429.
Gilchrist v. Canada (Treasury Board) - 2005 FC 1322 - 2005-09-27
Federal Court Decisionsa provision of a statute, or of a regulation, by-law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or [...] In the interests of fairness for all concerned, we intend to establish a de novo Classification Grievance Committee without delay. [...] This was a breach of natural fairness. This Court can, under sections 18 and 18.1 Federal Courts Act, intervene.
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430.
Vlad v. Canada (Minister of Citizenship and Immigration) - 2004 FC 260 - 2004-02-20
Federal Court DecisionsIn 1997 or 1998, he says that his direct superiors advised him to "use discretion" when he checked cars, and to "close his eyes" when dealing with high-ranking people. [...] [17] The first issue raised by Mr. Vlad is one of procedural fairness. [...] [20] Mr. Vlad contends that he was denied a fair hearing as a result of the actions of the Board members.
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431.
Williams v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1306 - 2002-12-23
Federal Court DecisionsIn addition, the applicant has not shown any evidence that would suggest that he has been denied natural justice or fairness in his dealings with the respondent or the IAD. The panel also considered all the evidence before it including the Canadian born child but refused to reopen the appeal. [...] e) whether the applicant has been denied natural justice or fairness in his dealings with the Immigration Department or the Appeal Division. [...] [34] Nonetheless, I will address the fifth element listed in Plummer; namely, that of procedural fairness.
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432.
Gerard Jones v. Canada (Attorney General) - 2007 FC 386 - 2007-04-13
Federal Court DecisionsI also conclude that the applicant’s right to procedural fairness was breached. [...] It took seven and six years respectively to deal with those grievances. [...] [91] The applicant was entitled to a fair hearing. That did not happen.
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433.
Wang v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 146 - 2002-02-08
Federal Court DecisionsHer qualifications to do so are matters to be assessed by her employer, not for assessment by the Court in dealing with an application for judicial review. [...] Alleged breach of procedural fairness [24] The applicant alleges other errors by the visa officer, but of these, in my view, only the allegation of a breach of procedural fairness raises a serious issue. [...] [29] Since I find the visa officer erred in ignoring relevant information, and in considering irrelevant evidence, I need not finally determine whether the conduct of the interview constituted a breach of procedural fairness in dealing with the applicant.
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434.
Shahid v. Canada (Citizenship and Immigration) - 2021 FC 1335 - 2021-12-01
Federal Court DecisionsPart 2 of the IRPA deals with refugee protection and is divided into three divisions. [...] Division 1 deals with “Refugee Protection, Convention Refugees and Persons in Need of Protection”, Division 2 deals with “Convention Refugees and Persons in Need of Protection”, and Division 3 deals with “Pre-removal Risk Assessment”. [...] [48] The Manual deals with: i. notice; ii. the inclusion of all issues of fact in the notice, stating that:
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435.
7687567 Canada Inc. v. Canada (Foreign Affairs and International Trade Canada) - 2013 FC 1191 - 2013-11-26
Federal Court DecisionsHer affidavit explains at length Mr. Giroux’s decision dated February 20, 2013 (see paragraph 66, as well paragraphs 43 et seq. dealing with the applicant). [...] However, in the interests of transparency and thoroughness, I will nevertheless deal with the second question. [...] Such guidelines allow the agency in question to deal with a specific problem proactively and help applicants affected by that problem predict how the agency will likely deal with it (Thamotharem v Canada (Minister of Citizenship and Immigration), 2007 FCA 198 at paras 55 and 57, [2007] FCJ No. 734 [Thamotharem]).
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436.
Young v. Canada - 1997-12-04
Federal Court DecisionsIt seems unusual that an [sic] major accounting firm would have a partner that is very sick deal with a file on a 100% basis. [...] Mrs. Wong referred to my letter re: the fairness package legislation. [...] Mrs. Wong said that the Fairness Committee did not want any connection between the Fairness Committee decision and the settlement of the Notice of Objection.
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437.
Johal v. Canada (Revenue Agency) - 2008 FC 1397 - 2008-12-18
Federal Court DecisionsAt paragraph 23, the Court of Appeal states that there must be a remedy that can deal “meaningfully and effectively with the substance of the employee’s grievance.” [...] (a) where there is another administrative procedure provided by or under any Act of Parliament to deal with his specific complaint such procedure must be followed, [...] Justice Dawson found that the then recourse mechanism by means of an “Individual Feedback”, complied with the requirements of procedural fairness.
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438.
Ajili v. Canada (Citizenship and Immigration) - 2023 FC 788 - 2023-06-06
Federal Court DecisionsThe three applications deal with the same issues and involve the same business venture. [...] As I stated during the hearing, there is just no such thing as conflating procedural fairness, which deals with the process leading to a decision, and the reasonableness of a decision, which is the outcome of a process, not the process itself. [...] Moreover, there was no failure of procedural fairness required in dealing with this matter.
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439.
Maheu v. IMS Health Canada - 2003 FCT 647 - 2003-05-27
Federal Court Decisions(2) It must be a fair question. (3) There must be a bona fide intention of directing the question to the issue in the proceeding or to the credibility of the witness." [...] [13] Questions 3, 4 and 7 are in connection with documents: I will deal with those later. [...] In that the Applicant requested costs, it is only fair that the Respondent now have its costs, payable at the end of the day.
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440.
Bibaud v. Bell Technical Solutions Inc. - 2023 FC 1113 - 2023-08-16
Federal Court DecisionsNor is it necessary to deal at length with the reasons given by the external investigator in her handling of the complaint. [...] The case therefore had to be set aside, and the Court would not deal with the merits. [...] Since it was agreed that procedural fairness had been breached, there was no need to say more.
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441.
Rotor Maxx Support Ltd. v. Canada (Transport) - 2018 FC 97 - 2018-01-29
Federal Court DecisionsFor that reason, I will only deal with the arguments in this section that clearly fit into the issue of procedural fairness. [...] Jeff Phipps’s response deals with the three examples and after a detailed discussion he says: [...] [78] The line of emails ends with the comment that they will deal with the examples and see if they have the sufficient data to confirm conformity.
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442.
Franklin Lumber Ltd. v. Essington II (Ship) - 2005 FC 405 - 2005-03-23
Federal Court DecisionsWould he think that it is mor likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly." [...] Judges must be conscious of this constant weighing and make every effort to achieve neutrality and fairness in carrying out their duties. [...] [20] All of the material which was brought to my attention and to which I have referred deals with instances in which judges have been asked to recuse themselves.
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443.
Cohen v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 1101 - 2018-11-01
Federal Court DecisionsBy consent of Counsel, and by my agreement at the opening of oral argument, also under review are two interlocutory decisions leading to the Final Decision: one dealing with the application of the Refugee Protection Division Rules, SOR/2012-256 (the Rules), and the other dealing with abuse of process issues. [...] As noted above, subs. 162(2) of the IRPA requires that each division of the IRB deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] As long as it respects the rules of fairness, the Board may control its own process”.
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444.
Carroll v. Canada (Attorney General) - 2017 FC 312 - 2017-03-27
Federal Court DecisionsTo support her position, she relies on Carroll 2015, where Mosley J. addressed the importance of dealing with the substance of a complaint: [...] V. Procedural Fairness and Natural Justice [23] I will briefly address Ms. Carroll’s contention that she was denied procedural fairness or that natural justice was not respected in the circumstances. [...] Since the investigator failed to inform her of ESDC’s willingness to mediate, Ms. Carroll contends she was denied procedural fairness.
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445.
Worsfold v. Canada (National Revenue) - 2012 FC 644 - 2012-05-25
Federal Court DecisionsPrinciples of Natural Justice and Procedural Fairness [97] The respondent submits that the officer did not breach any principles of natural justice or procedural fairness. [...] [131] Because of my finding on this issue, I need not deal with the remaining issues. [...] (a) related persons shall be deemed not to deal with each other at arm’s length;
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446.
Nagamany v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1554 - 2005-11-17
Federal Court Decisionsi) by not providing him with a fair hearing; ii) in concluding that the LTTE was an organization with a limited and brutal purpose; [...] A) Fairness _22_ I will deal first with the question of whether or not the applicant was given a fair hearing in the absence of the Minister, given that according to the applicant, the RPD and the Refugee Protection Officer (RPO) assumed the role of the Minister and thereby lost their impartiality. [...] _56_ I shall first deal with another more factual error raised by the applicant in respect of this finding.
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447.
Richard v. Canada (Treasury Board) - 2008 FC 789 - 2008-06-23
Federal Court DecisionsAfter examining this information, the Commission decided, pursuant to paragraph 41(1)(e) of the Canadian Human Rights Act, not to deal with the complaint because [...] 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 [...] [13] In this regard, reasons for a decision ensure a “fair and transparent decision-making”, reduce “to a considerable degree the chances of arbitrary or capricious decisions”, reinforce “public confidence in the judgment and fairness of administrative tribunals” and “foster better decision making by ensuring that issues
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448.
Contour Optik Inc. v. Viva Canada Inc. - 2005 FC 1687 - 2006-01-20
Federal Court DecisionsIn fairness, counsel for the Plaintiffs provided some of that information as well as supplemental Affidavits of Documents. [...] One must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., per Addy J. at p. 109. [...] All litigation should be disclosed, regardless of which courts are seized of the matters, and whether of not same deal with the Canadian '714 Patent, the US '545 Patent, or any other patent dealing with magnetic eyewear;
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449.
Marshall v. Canada - 2006 FC 51 - 2006-01-19
Federal Court Decisions[19] A situation dealing with whistle-blowers is the example provided in Vaughanto illustrate a case that is not "run-of-the-mill". [...] However, an amended claim deals with allegations reaching as far back as 1972. [...] The issue to be resolved is whether, under the circumstances, it is still possible to have a fair trial after such a long delay.
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450.
Balasingam v. Canada (Citizenship and Immigration) - 2012 FC 1368 - 2012-11-27
Federal Court DecisionsThat judgment cites seven cases dealing with the doctrine, and then goes on (at p. 1204): [...] The case law cited by the Applicant dealing with the doctrine of legitimate expectations has no application in this case. [...] Hence, he says it was incumbent upon the IAD to deal with this fact so that he could receive a fair hearing.