7,644 result(s)
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26.
Kidd v. Greater Toronto Airports Authority - 2004 FC 703 - 2004-05-14
Federal Court Decisions1. Did the Commission violate s. 42(1) of the CHRA or breach the principles of procedural fairness in failing to provide adequate reasons for its decision? [...] of review analysis, since I am not undertaking to review the substance of the Commission's decision and the issue of adequacy of reasons falls within the parameters of the principles of procedural fairness, it is well-established that a decision pursuant to s. 41(1)(e) is subject to a great deal of curial deference. [...] In my view, whether such ground for refusal to deal with the complaint was open to the Commission does not arise in this judicial review proceeding, since the Commission did not state that s. 41(1)(d) of the CHRA was a ground on which it had decided not to deal with the complaint.
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27.
Donohue v. Canada (National Defence) - 2010 FC 404 - 2010-04-14
Federal Court Decisions1. Did the Commission offer the applicant a fair process? 2. Was the Commission’s decision not to deal with the applicant’s complaint reasonable? [...] [22] The respondent submits the decision was reasonable and the process was fair. [...] Did the Commission offer the applicant a fair process? I am satisfied that the applicant was given a fair and meaningful opportunity to take part and make submissions to the Commission.
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28.
Yellowdirt v. Alexander First Nation Election Appeal Board - 2013 FC 26 - 2013-01-11
Federal Court DecisionsWould he think [...] more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly.” [...] Fair and honest elections preserve the democracy of the Alexander First Nation Band. [...] The tribunal set up to ensure democratic vitality must be open and fair in order to guarantee the sanctity of the electoral results.
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29.
Canada (Attorney General) v. Windsor-Brown - 2016 FC 1201 - 2016-10-28
Federal Court DecisionsShe recommended, pursuant to paragraph 41(1)(d) of the CHRA, that the Commission not deal with Ms. Windsor-Brown’s complaint on the basis that the RCMP’s procedures had addressed all of Ms. Windsor-Brown’s human rights allegations in a manner that was procedurally fair and similar to the Commission’s process. [...] b) Did the Commission fail to provide adequate reasons, thereby violating the principles of procedural fairness and natural justice? [...] The Commission was also persuaded by her argument that the RCMP had a vested interest in dismissing her allegations, thus raising issues of fairness and independence.
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30.
Marsh v. Zaccardelli - 2006 FC 1466 - 2006-12-08
Federal Court Decisions[2] Ms. Marsh asserts that because of the unreasonable delay in dealing with her grievance the Adjudicator lost jurisdiction, or failed to observe a principle of natural justice or procedural fairness. [...] She characterizes the delay in dealing with her grievance to be unreasonable and argues that it resulted in a loss of jurisdiction, or breach of natural justice and procedural fairness. [...] [22] Dealing first with the applicable standard of review, the pragmatic and functional analysis does not apply to judicial review brought on the ground of breach of procedural fairness.
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31.
Love v. Office of the Privacy Commissioner of Canada - 2014 FC 643 - 2014-07-02
Federal Court DecisionsCommission to deal with complaint Irrecevabilité 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 [...] Breaches of Procedural Fairness [35] The Applicant further argues that the Commission breached his procedural fairness rights in three ways. [...] [49] On the contrary, the Respondent argues, the process was fair and impartial.
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32.
Stevens v. Canada (Attorney General) - 2004 FC 1746 - 2004-12-15
Federal Court DecisionsThe Commissioner was requested to inquire into those dealings and to express an opinion whether, in the course of them, there had been misbehaviour by the plaintiff as a Judge, or whether the plaintiff, by the dealings had proved himself unfit. [...] Further, all counsel dealing with the regimes addressed both of them. [...] The Commissioner was requested to inquire into those dealings and to express an opinion whether, in the course of them, there had been misbehaviour by the plaintiff as a Judge, or whether the plaintiff, by the dealings had proved himself unfit.
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33.
Oakley, Inc. v. Doe - 2000-08-29
Federal Court DecisionsADVERTISE, OR DEAL IN COUNTERFEIT TOMMY HILFIGER CLOTHING Defendants [...] [11] This is only true to the extent that the amount is seen to be fair. [...] [12] If one accepts that a conventional award of $3,000 for all claims by one plaintiff is fair, is it less fair if the same claim is advanced by multiple plaintiffs at the same time?
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34.
Therrien v. Canada (Attorney General) - 2015 FC 1351 - 2015-12-09
Federal Court Decisions19.3(1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that [...] The language found in s 19.3(2) of the Act, as opposed to s 19.3(1), prohibits the PSIC from dealing with a complaint when another body is dealing with its subject matter. [...] Lawyers have obligations of fairness and trust toward their clients and as officers of the Court.
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35.
A.B. v. Canada (Attorney General) - 2004 FC 1669 - 2004-12-01
Federal Court DecisionsHowever, on February 6, 2004, the Commission refused to deal with her complaint on account of the delay. [...] Thus, the respondent maintained that based on the evidence submitted by the CCRA dealing with the prejudice suffered by the latter, if the Commission decided to deal with Ms. B.'s complaint it was entitled to refuse to deal with her complaint despite the evidence she had submitted. [...] [22] Subsection 41(1) gives the Commission considerable discretion in determining whether to deal with a complaint: accordingly, a court must exercise restraint in dealing with such decisions.
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36.
Khapar v. Air Canada - 2014 FC 138 - 2014-02-10
Federal Court DecisionsThe Commission did not breach the applicant’s right to procedural fairness [...] [87] I also note that para 45 of the Report recommended that even if the Commission exercises its discretion to deal with the complaint beyond the one year deadline, it should still refuse to deal with the complaint because it is vexatious. [...] It would have first considered the fairness of the arbitration proceedings.
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37.
Alcock v. Canada (Armed Forces) - 2022 FC 708 - 2022-05-13
Federal Court Decisions[23] With respect to the second issue, the Court’s review of procedural fairness issues involves no deference to the decision-maker. [...] B. There Was No Breach of Procedural Fairness [47] In his Notice of Application, the Applicant asserts that: [...] In the absence of such evidence, members of administrative tribunals, like judges, are presumed to have acted fairly and impartially.
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38.
Canadian Broadcasting Corp. v. Judge - 2002 FCT 319 - 2002-03-22
Federal Court Decisions[25] The Applicant submits that the Commission's investigative staff owes a duty of fairness to affected parties, in this case, the employer. [...] It says that the language of the Act on this point is an important consideration in determining the appropriate requirements of procedural fairness. [...] The Commission still has a discretion to deal with the complaint if it so chooses.
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39.
Gale v. Canada (Treasury Board) - 2005 FC 1503 - 2005-11-04
Federal Court DecisionsAccordingly, there was no breach of procedural fairness in that respect. [...] [35] I have reviewed the adjudicator's second decision in detail and I am of the view that the adjudicator focused more on dealing with the reason for the Court of Appeal sending the matter back and in justifying his first decision than dealing with the evidence supplied in the August 17, 2001 letter. [...] [36] There is no doubt that it is the adjudicator's role to deal with this evidence.
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40.
Canada (Attorney General) v. Timson - 2012 FC 719 - 2012-06-12
Federal Court DecisionsThe parties discussed dealing with these issues by way of written submissions. [...] [...] 1. After review of the Lavigne’s decision, Adjudicator Pineau is of the view that it deals with a similar subject matter and is relevant to these files; [...] If not, an oral hearing will be convened to deal with the issues [...]
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41.
Del Zotto v. Canada (Minister of National Revenue) - 2000-01-10
Federal Court DecisionsWe're dealing with a private investigation by the Minister whose purpose is to obtain the facts. [...] 17 First of all, I want to deal - and I'll deal 18 with it briefly - is the submission made by counsel for [...] We're dealing with a 17 private investigation by the Minister whose purpose is to
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42.
Gupta v. Canada (Attorney General) - 2016 FC 1416 - 2016-12-29
Federal Court Decisions... ... (i) receive, review, investigate and otherwise deal with complaints made in respect of reprisals. [...] [33] There are several flaws in the Applicant’s allegation of breach of procedural fairness. [...] [45] In my view, the Applicant has not established a breach of procedural fairness.
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43.
Taylor v. Canada (Attorney General) - 2001 FCT 1247 - 2001-11-14
Federal Court DecisionsI propose to deal briefly with each of these factors as they apply to the decision under review. [...] The evidence is that the Council, acting principally through the Chairperson, deals with numerous complaints each year. [...] Beyond that, procedural fairness requires no further opportunity for the complainant to be heard.
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44.
Sawridge Band v. Canada - 2007 FC 657 - 2007-06-19
Federal Court Decisions• [139] This does not accord with the Court’s ideas of fairness and consistency. [...] But dealing with evidence at trial means dealing with objections to that evidence, including ambush. [...] And what I’m concerned about here, is not just fairness and the double standard.
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45.
El-Helou v. Courts Administration Service - 2012 FC 1111 - 2012-09-21
Federal Court Decisions... 19.3 (1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that [...] (2) The Commissioner may not deal with a complaint if a person or body acting under another Act of Parliament or a collective agreement is dealing with the subject-matter of the complaint other than as a law enforcement authority. [...] ... (i) receive, review, investigate and otherwise deal with complaints made in respect of reprisals.
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46.
Ugro v. Canada (National Revenue) - 2009 FC 826 - 2009-08-12
Federal Court Decisions... ...So, a trader who keeps a general store may gain on some of the articles in which he deals and incur losses on others. [...] The interest which a trader pays to a bank with which he deals for financial accommodation is not in any sense payable out of profits. [...] The Applicant acknowledges that the letter was irrational and was born out of exasperation and anger from his dealings with the CRA. The Applicant alleges that he has been dealing with the distress of this situation for approximately seven years and requested relief for it under the fairness provisions.
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47.
Georgoulas v. Canada (Attorney General) - 2018 FC 863 - 2018-08-27
Federal Court Decisions2. Did CHRC err when it refused to provide the Applicant procedural fairness when it: [...] In it, the Applicant recounted her dealings and contacts with the Commission. [...] [89] I will now deal with the remaining issues submitted by the Applicant.
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48.
Native Council of Nova Scotia v. Canada (Attorney General) - 2007 FC 45 - 2007-01-16
Federal Court DecisionsThe FSC Licence does not deal with the livelihood of the NCNS membership. [...] From a DFO perspective, it was not a viable option to deal with the immediacy of the poaching problem. [...] [...] 10 The second principle deals with the concern for judicial economy.
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49.
Edison v. Mnr - 2001 FCT 734 - 2001-07-03
Federal Court DecisionsThat judgment cites seven cases dealing with the doctrine, and then goes on (at p. 1204): [...] [27] A Memorandum containing guidelines issued by Revenue Canada dealing with the Application of the Fairness Provisions to Penalty and Interest was issued in March 1996. [...] [28] The Memorandum effectively sets out the respondents' policy in dealing with the so-called fairness applications.
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50.
Exeter v. Canada (Attorney General) - 2011 FC 86 - 2011-01-25
Federal Court Decisionsa) to deal with the complaint under section 41(1) of the Canadian Human Rights Act, or [...] c. Did the Commission breach procedural fairness by failing to interview two individuals, as suggested by the Applicant? [...] I am satisfied that no breach of procedural fairness occurred in this regard.