7,644 result(s)
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551.
Thomas v. Canada (Attorney General) - 2013 FC 292 - 2013-03-20
Federal Court DecisionsAs noted above, deference is owed to such decision-makers, given their expertise in dealing with harassment complaints. [...] [89] I do not agree that procedural fairness requires such an approach. [...] [90] To reiterate, there was no breach of procedural fairness in this case.
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552.
Chamberlain v. Canada (Attorney General) - 2012 FC 1027 - 2012-08-31
Federal Court Decisions[18] The impugned documents at Tabs 5 and 6 of the Record are arguably related to Ms. Chamberlain’s procedural fairness claims as they contain evidence that the Adjudicator did not admit (which she asserts amounted to a breach of procedural fairness). [...] (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 [...] Insofar as concerns his failure to deal with the human rights claim that Ms. Chamberlain alleges she made in the grievance, however, no deference is warranted.
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553.
Sidamonidze v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 681 - 2015-05-26
Federal Court DecisionsIn my view, the duty of fairness implicitly adopted by CIC for purposes of the s. 44(1) report is appropriate. [...] The first deals with an officer’s discretion to permit cross-examination – this was not an issue in these applications. [...] The second deals with the process before the Minister’s Delegate – this too was not an issue in these applications.
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554.
Rowat v. Canada (Information Commissioner) - 2000-04-12
Federal Court Decisions(iv) pursuant to Subsection 2(e) of the Canadian Bill of Rights to a "fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations". [...] I shall deal with each in turn. The affidavit of Dr. John W. Grace [9] The respondents rely on the affidavit of Dr. John W. Grace, sworn October 15, 1999. [...] The Court spends time and effort disproportionate to benefit in most instances in which it deals with preliminary jousting over the content of affidavits, content which any judge will in all likelihood, deal with expeditiously and appropriately when the matters comes on for a full hearing.[...]
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555.
Bédirian v. Canada (Attorney General) - 2006 FC 1239 - 2006-10-17
Federal Court DecisionsIn addition, it deals with a new question of law of general importance, which may have value as a precedent. [...] In my view, she would have had to ask herself whether such behaviour from the employer was candid, reasonable and fair for the employee. [...] Once again, I am of the view that she would have had to ask herself whether such behaviour was fair to the employee.
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556.
Osei v. Canada (Minister of Citizenship and Immigration) - 1998-03-05
Federal Court Decisions[7] I find that the written reasons disclose a reviewable error of law in dealing with the objection made. [...] It is abundantly clear that by s. 67 of the Immigration Act that the CRDD does have jurisdiction to deal with the kind of objection made by Mr. Matas. [...] [8] I find the error made is highly significant to a fair hearing of Ms. Osei's case.
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557.
Felix v. Sturgeon Lake First Nation - 2014 FC 911 - 2014-09-23
Federal Court DecisionsHowever, we are not dealing with kinship and familiarity but with conduct that could be avoided by observing basic rules of procedural fairness. [...] There are other processes to deal with conduct of elected officials during their term of office. [...] He then called on the Band to amend its Act to provide for clear and fair procedures:
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558.
Canadian Frontline Nurses v. Canada (Attorney General) - 2024 FC 42 - 2024-01-29
Federal Court Decisions63 (1) Dans les soixante jours qui suivent la cessation d’effet ou l’abrogation d’une déclaration de situation de crise, le gouverneur en conseil est tenu de faire faire une enquête sur les circonstances qui ont donné lieu à la déclaration et les mesures prises pour faire face à la crise. [...] d) la personne qui cherche à entrer au Canada afin de faire une demande d’asile; [...] Sachez que Nous jugeons les mesures d’intervention ci-après nécessaires pour faire face à l’état d’urgence :
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559.
Canadian Transportation Agency v. Morten - 2010 FC 1008 - 2010-10-13
Federal Court DecisionsIt was only making orders for the fair assessment of passengers (paragraph 188). [...] Part V of the CTA deals specifically with the transportation of persons with disabilities. [...] 98 In this case, we are not dealing with an allegation of systemic discrimination.
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560.
Shabashkevich v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 361 - 2003-03-27
Federal Court DecisionsBased on this evidence of the visa officer, I am satisfied that there was no denial of procedural fairness. [...] Anyway, you did not convey those doubts, and tell me, given the length of time that this application took to process, would you not think it fair to give the applicant an opportunity to deal with those doubts? [...] There was no prejudice to the applicant and no breach of the duty of procedural fairness.
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561.
Highland Produce Ltd. v. Egg Farmers of Canada - 2011 FC 205 - 2011-02-21
Federal Court Decisions• On December 18, 2008, Highland responded to the NFPC regarding CEMA’s reply taking exception to their submissions urging dismissal of the Complaint before the NFPC had decided how to procedurally deal with the Complaint. [...] A. Highland was Afforded the Requisite Degree of Procedural Fairness [...] (1) Content of the Duty of Fairness [27] In Baker, above, at paras 21-28, Justice Claire L’Heureux-Dubé outlined five factors that assist in determining the degree of procedural fairness owed in a particular circumstance.
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562.
Beddows v. Canada (Attorney General) - 2023 FC 919 - 2023-07-04
Federal Court DecisionsHe relies on section 29.11 of the NDA, which states: “The Chief of 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.” Maj.(r) Beddows argues that the delay in his case is flagrantly [...] [138] The Respondent denies that there was any breach of procedural fairness. [...] The Respondent asserts there was no denial of procedural fairness. [140] In examining claims about procedural fairness, a reviewing court is required to determine whether the procedure was fair in all the circumstances.
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563.
Soltanizadeh v. Canada (Citizenship and Immigration) - 2018 FC 114 - 2018-02-02
Federal Court DecisionsBut they deal with precisely the subject matter of the action and what one party was doing in relation to the relevant transactions at the time. [...] For if there has been harsh or improper conduct in the dealings of the executive with the citizen, it ought to be revealed. [...] [49] I am not suggesting that the actions of the visa officer in the present matter amounted to improper conduct in dealing with the Applicant.
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564.
Karmali v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 358 - 2003-03-27
Federal Court Decisions3. Did the visa officer fail to observe a principle of natural justice, procedural and administrative fairness that he was required by law to observe? [...] [35] Because of my finding above, I need not deal with the remaining issues. [...] These sections deal with, in clear terms, the manner in which a matter sent back for redetermination by this Court is to be disposed of.
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565.
Purashaj v. Canada (Citizenship and Immigration) - 2021 FC 663 - 2021-06-24
Federal Court DecisionsI am satisfied the process was fair having regard to all of the circumstances. [...] [26] The only part of the Officer’s GCMS notes that address materiality deal with Mr. Purashaj’s field of study, not his institution of study. [...] In light of my conclusion, I need not deal with Mr. Purashaj’s submissions that the Officer erred by failing to consider the innocent mistake exception.
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566.
Letourneau v. Clearbrook Iron Works Ltd. - 2005 FC 333 - 2005-03-06
Federal Court Decisions[8] Sections 366 and 368 of the Criminal Code of Canada R.S.C. 1985 c. C64 deal, respectively, with forgery and uttering a forged document. [...] cause of action or defence, within the jurisdiction of the Federal Court, or alternatively, whether the allegations are, as submitted by the Plaintiffs, scandalous, prejudicial or likely to delay the fair trial of the action, here the reference being to section 221(1)(c) and (d), dealing with the striking out of pleadings. [...] [22] The portion of paragraph22 of the Defence and Counterclaim, dealing with section 76 of the Patent Act has, as I have indicated, some possible utility.
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567.
Mowloughi v. Canada (Citizenship and Immigration) - 2019 FC 270 - 2019-03-05
Federal Court DecisionsDid the Officer breach procedural fairness by not holding an oral hearing? [...] Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation. [...] [61] The Officer deals with this evidence as follows in the Decision:
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568.
Chartrand v. Canada (Attorney General) - 2018 FC 1183 - 2018-11-26
Federal Court Decisions[34] Sections 100 and 101 of the Act deal with the purpose and principles of conditional release, detention and long-term supervision. [...] D. Violation of Procedural Fairness by Failing to Address Grounds for Appeal [...] [46] Lastly, section 2.2 of the Policy Manual deals with psychological risk assessments and psychiatric assessments required.
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569.
Peddle v. Canada (Revenue Agency) - 2009 FC 348 - 2009-04-03
Federal Court Decisions[32] Mr. Peddle asked for a Second Level Fairness Review of the decision, the Second Level Fairness Review confirmed the Fairness Review committee decision without considering whether the Fairness Committee decided in keeping with the CRA legislation and policy. [...] [35] Mr. Peddle is a difficult individual to deal with given his lack of comprehension and his predilection for accusing individuals who do not accept his views on matter. [...] I found that the CRA officials dealing with Mr. Peddle treated him with every consideration as did counsel for the Respondent.
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570.
Mustafa v. Canada (Citizenship and Immigration) - 2016 FC 116 - 2016-02-02
Federal Court Decisions(i) uses, deals with or acts on it, or (i) soit s’en sert, le traite ou lui donne suite, [...] (ii) soit fait, ou tente de faire, accomplir l’un des actes visés au sous-alinéa (i). [...] b) d’engager quelqu’un, en lui faisant croire que ce document est authentique, à faire ou à s’abstenir de faire quelque chose, soit au Canada, soit à l’étranger.
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571.
Jalal v. Canada (Human Resources and skills Development) - 2013 FC 611 - 2013-06-06
Federal Court Decisions[18] Mr. Jalal was entitled to procedural fairness. He was entitled to have a fair opportunity to make his case. [...] [27] I conclude that Mr. Jalal was given a fair hearing. REASONABLE APPREHENSION OF BIAS [...] He submits that Mr. Mooney was not dealing with his home statute because others also deal with it and in considering the Canadian Human Rights Act was not dealing with a closely related statute.
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572.
Franchi v. Canada (Attorney General) - 2010 FC 1179 - 2010-11-24
Federal Court DecisionsThe report deals both with Mr. Franchi’s alleged change of employment and his financial situation. [...] This failure on the Board’s part to articulate constitutes a breach of procedural fairness, and no deference whatsoever is owed. [...] That is a breach of procedural fairness. ORDER THIS COURT ORDERS that:
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573.
Akladyous v. Canadian Judicial Council - 2008 FC 50 - 2008-01-15
Federal Court Decisions[44] Finally, Ms. Akladyous’ allegation of corruption and bias on the part of Chief Justice Scott raises a question of procedural fairness – that is, whether she received a fair hearing from an unbiased decision-maker. [...] [45] It is not necessary to go through a pragmatic and functional analysis in relation to questions of procedural fairness – it is for the Court to determine whether the procedure that was followed in a given case was fair or not, having regard to all of the relevant circumstances: Sketchley v. Canada (Attorney General), [...] The Chairperson or a Vice-Chairperson shall not deal with a file involving a judge of his or her court.
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574.
Duchko v. Canada (Citizenship and Immigration) - 2013 FC 942 - 2013-09-10
Federal Court Decisions2. Did the RPD deal procedurally fairly with the Applicant when concluding on certain matters without informing the Applicant? [...] Therefore, it will not be necessary to deal with the procedural fairness issue. [...] [46] It is in the interest of the parties that this decision be quashed so that a new panel deals with all pertinent matters arising from this application.
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575.
Fallah v. Canada (Citizenship and Immigration) - 2015 FC 1094 - 2015-09-18
Federal Court Decisions... [51] I have concluded on the basis of the above considerations that there was no breach of the duty of fairness. [...] He was told in the Officer’s procedural fairness letter that his senior employment relationship with “an internationally sanctioned entity that deals with goods and products that are listed under” the SEMA regulations was the potential basis for a refusal decision. [...] Fanavari Azmayeshgahi deals with several products that have dual use concerns, and is widely believed to be involved with the procurement of goods directly related to Iranian Nuclear proliferation.