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Fisher v. Canada (Attorney General) - 2013 FC 1108 - 2013-10-30

4) The remedy must be fair to the defendant and should not impose substantial hardships that are unrelated to the securing of the right;   [...]  The remedy also does not go beyond the Court’s role and it is fair to the Respondent.   [...]  Substantively, the balance is fairly struck. [58] The Respondent submits that the present case involves a fair balance between the Applicant’s liberty interest and the public’s interest in having offenders on parole properly supervised.

Biomarin Pharmaceutical Inc. v. Dr. Reddy’s Laboratories Ltd. - 2021 FC 402 - 2021-05-05

[13] In Canderel Ltd v Canada (CA), [1994] 1 FC 3, [1993] FCJ No 777 at page 10, the Federal Court of Appeal held that, while it was impossible to set out all the factors that a judge must take into consideration in dealing with an application to amend pleadings, the general rule is that “an amendment should be allowed at   [...]  Therefore, the Court should only deny amendments in plain and obvious cases where the matter is beyond doubt and should not deny amendments when one is dealing with an area of law that cannot be said to be settled with certainty [see Hoechst Aktiengesellschaft v ADIR, [1998] FCJ No 1028, 82 CPR (3d) 344 at para 7 (FC)].   [...]  Ultimately, it boils down to a consideration of simple fairness, common sense and the interests that the Court has that justice be done [see Janssen Inc v Abbvie Corporation, 2014 FCA 242 at para 3].

Kirkpatrick v. Canada (Attorney General) - 2019 FC 196 - 2019-02-15

La Forest J. described that role as “(l)ooking at the Act as a whole it is evident that the role of the Commission is to deal with the intake of complaints and to screen them for proper disposition” (para 52).   [...]  [47] The decision of the Commission to dismiss a complaint under paragraph 44(3)(b) of the Act is a final decision made at an early stage, but in such case – contrary to a decision refusing to deal with a complaint under section 41 – the decision is made with the benefit and in the light of an investigation pursuant to   [...]  But regardless of possible improvements to the text which could have been offered before as part of the participation in the accommodation process, a fair reading of it confirms that the concerns expressed by the applicant ex post facto are not well placed.

Taticek v. Canada (Border Services Agency) - 2014 FC 281 - 2014-03-21

The Respondent’s view was that the second item of the settlement agreement captured promotional appointments only and was intended to provide the Applicant with a fair opportunity for promotion.   [...]   respect of the employee, of a provision of any statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms or conditions of employment (subsection 208(1)(a)), or, as a result of any occurrence or matter affecting his or her terms of employment (subsection 208(1)(b)).   [...]  [26] When one examines the statutory scheme as a whole, it is clear that it constitutes a comprehensive scheme for dealing with employment related disputes, whereby Parliament has established an exclusive mechanism of non-adjudicative dispute resolution for grievances which do not involve demotion or termination, or

Kulasekaram v. Canada (Citizenship and Immigration) - 2013 FC 388 - 2013-04-17

UNHCR recommends that all claims by asylum-seekers from Sri Lanka need to be considered on the basis of their individual merits in fair and efficient refugee status determination procedures taking into account up-to-date and relevant country of origin information.   [...]  In May 2010, the Government, however, relaxed the Emergency Regulations by withdrawing several provisions, including those dealing with the imposition of curfews, propaganda activities, printing of documents and distributing them in support of terrorism, as well as those restricting processions and meetings considered   [...]  [43] In the circumstances of the present matter, there was no justification for the RPD to give preference to the, both controversial and mixed, conclusions of the UNHCR Report, which is over three years old, over a great deal of other more recent information and documents that appear in the Package and that describe the

Prashad v. Canada (Citizenship and Immigration) - 2011 FC 1286 - 2011-11-09

The Officer’s Decision should not be subject to review because she exercised her discretion reasonably and within the parameters of procedural fairness.   [...]  Instead of addressing these submissions, the Officer emphasized the Applicants’ adaptability to Guyana and, in my view, neglected to deal with the hardship issue that arises from the parental sponsorship.   [...]  We are dealing with real people and massive disruption to their lives which may be entirely unnecessary if a positive sponsorship decision is forthcoming.

Canada (Citizenship and Immigration) v. Charkaoui - 2004 FC 624 - 2004-04-28

It is hard to imagine a system in which one judge would deal with the certificate, another judge would be responsible for continuing the detention, while another judge would be responsible for the statutory review of continuing the detention, and a final judge would review the reasonableness of the certificate and the   [...]  However, the evidence he presented added to that of the first review, by increasing the surety from $25,000 to $50,000; filing newspaper articles dealing with the unreliability, and questioning the credibility, of Ahmed Ressam and Abou Zubaida, two individuals who identified Mr. Charkaoui as a person they had met in an   [...]  It has been held that the standards for reasonable apprehension of bias may vary, like other aspects of procedural fairness, depending on the context and the type of function performed by the administrative decision-maker involved: Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities),

Ebco Industries Ltd. v. Canada - 2000-01-06

[27] A final case to which I will refer, dealing with the nature of an amalgamation, is Regina v. Black & Decker Manufacturing Co. Ltd. (1974), 43 D.L.R. (3rd) 393, a decision of the Supreme Court of Canada, written by Mr. Justice Dickson as he then was.   [...]  Here I have in mind not a statutory amalgamation under BC company legislation, for that entails satisfying some fairly specific procedural requirements, evidence of which is not before me, but rather a common law amalgamation brought about by the BC Transit Act, such as was successfully argued in the Seaboard Life case.   [...]  Dealing with the latter he found difficult to contemplate a situation in which an amalgamating company does not cease to exist for all purposes yet might, as apparently argued by the Defendants, not commence an action.

Canadian Imperial Bank of Commerce v. Canada (Canadian Human Rights Commission) - 2006 FC 443 - 2006-04-24

Issue 3: The Commission did not breach the principles of procedural fairness.   [...]  (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales,   [...]  (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales,

Voltage Picture LLC v. John Doe - 2014 FC 161 - 2015-02-16

[36] There is developing jurisprudence in Canada and in this Court dealing with Norwich Orders.   [...]  d). that fairness requires the information be provided prior to trial; and,   [...]  Accordingly, in my judgment, to make such an order would not proportionately and fairly balance the interests of the Other Claimants with the Intended Defendants' interests.

Makhija v. Canada (Attorney General) - 2008 FC 327 - 2008-03-25

He acknowledged that Infowave was relying on this certificate in its dealings with TPC.   [...]  Such bias resulted in a breach of the principles of procedural fairness in arriving at the rulings under review.   [...]  To this end, public office holders, when they deal with the public and with lobbyists, are required to honour the standards set out for them in their own codes of conduct.

Sidhu v. Canada (Citizenship and Immigration) - 2023 FC 504 - 2023-04-11

• 1)Did the Officer err in law or breach procedural fairness by not properly considering the Applicant’s request for Temporary Resident Permits?   [...]  This means that decision-makers must do more than simply state that the interests of a child have been taken into account: the BIOC must be examined with a great deal of attention in light of all the evidence [the Supreme Court itself italicizes the word “all”].

Boudreau v. Canada (Revenue Agency) - 2022 FC 792 - 2022-06-02

This is a simple reality that Ms. Boudreau must deal with in this case.   [...]  This is a judicial review where the parties will debate the reasonableness of an administrative decision or the fairness of the process that led to it.