7,653 result(s)
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6,626.
Brito v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1379 - 2003-11-25
Federal Court Decisions(1) The Immigration Officer failed to observe a principle of natural justice, procedural fairness, or other procedure that he was required by law to observe; [...] However, as noted by the respondent, the applicant has not received a Notice to Report for Removal, so this request is premature, and I will therefore not deal with it.
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6,627.
Lim v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 378 - 2003-03-31
Federal Court DecisionsThe applicant was then sent a "fairness letter" dated December 15, 2000, inviting him to submit further evidence concerning the medical condition of his daughter. [...] · Amount of self-care of which she is capable, ability to perform the activities of daily living and practical skills (work record when dealing with adults): She has some problems in face of complex, difficult situation because her IQ is lower than average, but currently, she is doing well in school life and general affairs
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6,628.
Kanagasabapathy v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 78 - 2003-01-27
Federal Court DecisionsDoes that seem fair?", the Applicant did not answer the question but stated that he "wanted to leave the country at any cost" and that this might be the reason for differences in his oral testimony, PIF and immigration visa form. [...] The panel noted that in his dealings with Canadian immigration authorities, the Applicant presented contradictory evidence concerning the last time he saw his wife and children and his ability to speak English.
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6,629.
Schwarz Hospitality Group Ltd. v. Canada (Attorney General) - 2002 FCT 808 - 2002-07-19
Federal Court DecisionsHowever, time limits in rules dealing with summary matters are not to be ignored without some reasonable justification. [...] On the other hand, to deny the time extension to file the Schwarz affidavit, would do justice for the Respondent, but would make the Applicant's case fairly difficult, for as matters presently stands, there would be no documents before the Court.
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6,630.
Gabriel v. Mohawk Council of Kanesatake - 2002 FCT 483 - 2002-04-29
Federal Court DecisionsThe Code called for the democratic election of Council members for a three-year term, in accordance with stringent rules to assure fair elections using a secret ballot. [...] In my view the law concerning wrongful dismissal, and damage awards for that, deals with situations of employer-employee relations and it does not provide for remedies for loss of elective office.
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6,631.
Sharpe v. Canada (Human Rights Commission) - 2001 FCT 1130 - 2001-10-18
Federal Court Decisionsd) the Commission failed to observe a principle of natural justice, procedural fairness, or other procedure that it was required by law to observe; [...] As the decision of the Court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent.
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6,632.
Gordon v. Canada (Minister of Indian and Northern Affairs) - 2001 FCT 9 - 2001-02-02
Federal Court DecisionsThe Supreme Court of Canada suspended the declaration of unconstitutionality for a period of 18 months, allowing time for the Federal Government to take action and deal with the issue. [...] The defendant in an action is as entitled to a full and fair trial as is the plaintiff and that is equally so when the issue is constitutional.
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6,633.
Harry D. Shields Ltd. v. Canada - 2000-11-23
Federal Court DecisionsThe affidavit evidence and documents that are before me do not allow me to make the finding of fact which would be necessary in order to deal with the triable issues listed in paragraph 22 of this decision. [...] For example, what did the Minister tell the plaintiff about being "treated fairly"?
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6,634.
Pearson v. Canada - 2000-09-14
Federal Court DecisionsThe best mode of doing this is to examine with care the manner in which the law of England deals with the following topics, which are dealt with in succeeding chapters, namely, ... [...] The newspaper recently reported an incident wherein a lawyer of British Columbia "completes bike trek to aid poor... protests failure of legal system to provide fair access".
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6,635.
Riabko v. Canada - 1999-08-24
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [32] In reviewing the sections of the RCMP Act, R.S.C., 1985, c. R-10, I am satisfied Parliament created a statutory process to deal with formal complaints.
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6,636.
Asanjan v. Canada (Minister of Citizenship and Immigration) - 1998-11-02
Federal Court Decisions[5] The applicant opened his own car parts business and carried on in the tradition of his father, which included favourable dealings with the Kurds. [...] Where the tribunals' inferences are based on what seemed to be "common sense" or rational perceptions about how a government regime in another country might be expected to act or react in a given set of circumstances, there is an obligation, out of fairness, to provide an opportunity for the applicant to address those
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6,637.
Hirbod v. Canada (Minister of Citizenship and Immigration) - 1998-04-06
Federal Court DecisionsThis finding is based on two grounds: (1) legislative provisions are presumed not to operate retroactively unless expressly stated to do so; and (2) the principle of fairness requires that a person's application should be assessed by reference to the law in existence at the time the submissions are made, since it is on the [...] . . . . [15] Counsel for the applicant notes that Mr. Justice Rothstein was dealing with a situation that clearly came within the amended Regulations: no risk submissions had yet been filed.
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6,638.
Zaman v. Canada (Citizenship and Immigration) - 2022 FC 1381 - 2022-10-06
Federal Court DecisionsThe PA’s husband reached out to friends who were to able to assist in negotiating a deal with the Colonel. [...] E. Procedural Fairness [34] The Applicants alleged in their appeal to the RAD that the RPD violated procedural fairness in finding that the extremist party threatening the Applicants does not generally conduct attacks in Pakistan and is not anti-Shia; they submit that they were not given notice of the tribunal’s concerns [...] [82] Concerning the support letters and affidavits, the Respondent submits these documents did not address the specific credibility issues raised with the PA’s material omission of her husband’s travel to Canada and the U.S. And, with respect, it is fairly obvious that they don’t.
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6,639.
Mirzaee v. Canada (Citizenship and Immigration) - 2020 FC 972 - 2020-10-16
Federal Court DecisionsThe reviewing court must adopt a deferential approach and intervene only “where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] They do not require that all documents and allegations be accepted at face value, but they are rather designed to ensure a fair hearing (Odurukwe v Canada (Citizenship and Immigration), 2015 FC 613 at para 40). [...] They merely dictate the attitude and open‑mindedness that the RPD must demonstrate when dealing with certain allegations of persecution (Duversin at para 30).
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6,640.
Gitxaala Nation v. Canada (Transport, Infrastructure and Communities) - 2012 FC 1336 - 2012-11-19
Federal Court Decisions[13] Mr. Hill’s affidavit also contains a fairly detailed critique of the TRP report. [...] There is no separate or parallel process to deal with issues within the JRP mandate. [...] There is nothing before me to suggest that the JRP will not listen fairly to Gitxaala’s concerns, weigh all of the available evidence and come to its own conclusions.
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6,641.
Azziz v. Canada (Citizenship and Immigration) - 2010 FC 663 - 2010-06-17
Federal Court DecisionsMoreover, there is no apprehension of bias or breach of any principle of procedural fairness. [...] The questions of procedural fairness or bias are subject to the standard of correctness. [...] [52] The applicants place a great deal of emphasis on departmental policies to justify their arguments that the final decision is unreasonable or otherwise breaches procedural fairness.
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6,642.
Canada (Attorney General) v. Brown - 2008 FC 734 - 2008-06-13
Federal Court Decisions3) Did the Tribunal breach the principles of procedural fairness and natural justice by making remedial orders contrary to its decision to bifurcate the issues of liability and remedy? [...] 3) Did the Tribunal breach the principles of procedural fairness and natural justice by making remedial orders contrary to its decision to bifurcate the issues of liability and remedy? [...] [62] The Commission adopts the position that there was no breach of procedural fairness, as the Tribunal did not make a final pronouncement on remedy.
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6,643.
Merck Frosst Canada Ltd. v. Canada (Health) - 2006 FC 1200 - 2006-10-12
Federal Court DecisionsHowever, if the federal institution intends to disclose any or all of the documentation, the Act and the principles of procedural fairness require that the Applicant be notified and given the opportunity to make representations. [...] [89] That is one of the arguments made by the Applicant to support its submissions regarding the application of subsection 20(1) in response to the following question, which deals with the accuracy of the Respondent’s submissions regarding the application of subsection 20(1) to the documentation covered by the request. [...] [91] To summarize, the purpose of such a process is to impose on the Respondent a duty to consult the Applicant following a fairly brief review of the documentation, to consider the Applicant’s recommendations and, if he decides not to follow those recommendations, to explain why.
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6,644.
Markevich v. R. - 1999-02-19
Federal Court Decisions224(1) S"il sait ou soupçonne qu"une personne est ou sera, dans les douze mois, tenue de faire un paiement à un autre personne qui, elle-même, est tenue de faire un paiement en vertu de la présente loi (appelée "débiteur fiscal" au présent paragraphe et aux paragraphes (1.1) et (3)), le ministre peut exiger par écrit de [...] In other words, the statute is a complete code and is not subject to limitation periods prescribed in general legislation dealing with proceedings to which the Crown is a party, or to civil litigation as a whole. [...] Third, to regard the respondent's ability to collect tax as subject to the Crown Liability and Proceedings Act for this reason alone would give insufficient weight to the difficulties that importing general limitation periods would cause to the fair and effective collection of tax arrears.
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6,645.
Alliance nationale de l’industrie musicale v. Canadian Radio-television and Telecommunications Commission - 2021 FC 942 - 2021-09-14
Federal Court DecisionsThe Notice of Application clearly challenges the fairness of the decision, even though it does not seek to have it set aside. [...] [67] In my opinion, the determination of the Charter issue is fairly simple. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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6,646.
Taykwa Tagamou First Nation v. Linklater - 2020 FC 220 - 2020-02-07
Federal Court Decisions[27] Section 19 deals with the Election Review Panel: 19.1 An Election Review Panel shall be comprised of three Persons, at least two of whom are Aboriginal and one of whom is a lawyer, who are not members of TTN. [...] Standard of review - procedural fairness [41] In Mission Institution v Khela, 2014 SCC 24 (at para 79) and in Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 (at para 43) the Supreme Court found that that questions of procedural fairness are reviewed on a correctness standard. [...] In Vavilov, the Court does not explicitly state whether questions of procedural fairness will continue to be reviewed on a correctness standard.
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6,647.
Lainco Inc. v. Commission scolaire des Bois-Francs - 2017 FC 825 - 2017-09-12
Federal Court Decisions[261] For Mr. David, this choice allowed for a [translation] “fair comparison” (Exhibit D‑5, David Report, page 9, at paragraph 37). [...] I note, however, that neither the excerpt from Compo to which counsel for Lainco refers nor the judgment itself deals with damages. [...] You see, to estimate that, I took the same mock-up and I changed the snow loads, and it was still fairly quick.
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6,648.
Goodman v. Canada (Minister of Citizenship and Immigration) - 2000-02-29
Federal Court DecisionsThe principles ensure the fairness of the administrative decision-making process while recognizing the need for flexibility in applying these concepts in the administrative context. [...] (e) the scope of his deal with the authorities when he turned supergrass and his knowledge of what happened to others in the INLA who had turned supergrass; [...] [88] I was invited to certify three questions but I decline to do so on the grounds the proposed questions do not fairly arise.
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6,649.
Merck & Co Inc. v. Apotex Inc. - 2010 FC 1265 - 2010-12-22
Federal Court DecisionsQ. The non sporulating character became intrinsic to Coniothyrium fuckelii as a result of that program, is that fair? [...] The balance of s. 43 sets out the procedures for declaring and dealing with a conflict. [...] Accordingly, Merck argues, these volumes should not be the subject of any “fair dealing” exemption.
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6,650.
7294140 Canada Inc. (Zoomtoner) v. Connexlogix Inc. - 2023 FC 1010 - 2023-07-24
Federal Court DecisionsThe Court must interpret summary judgment rules broadly, favouring proportionality and fair access to affordable, timely and just adjudication; a fair and just process is one that permits a judge to find the facts necessary to resolve the dispute and to apply the relevant legal principles to the facts as found. [...] [23] I deal first with the preliminary admissibility issues and follow with a consideration of whether the Defendants have established, for each of them, that there is no genuine issue for trial. [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;