7,645 result(s)
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6,701.
Lim v. Canada (Attorney General) - 2022 FC 140 - 2022-02-04
Federal Court DecisionsTo have disciplinary proceedings conducted by a judge’s peers offers the guarantees of expertise and fairness that judicial officers are sensitive to, while avoiding the potential perception of bias or conflict that could arise if judges were to sit in court regularly in judgment of each other. [...] In addition, the Applicant has filed a copy of the Supreme Court of Canada’s decision in Legare dealing with the interpretation of the charge of “luring of a child” under subsection 172.1(1)(c) CCC.
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6,702.
Quiros v. Canada (Citizenship and Immigration) - 2021 FC 1412 - 2021-12-14
Federal Court Decisions[21] The same conclusion, in my view, can be drawn in this case, as we are dealing with two individuals who have established their lives in Canada for over 18 1⁄2 years in one case and 12 years in another. [...] In fairness to my colleagues, I note that Kanthasamy was rendered after their decisions.
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6,703.
Duhamel v. Canada (Attorney General) - 2021 FC 1255 - 2021-11-19
Federal Court Decisions[15] The reasonableness standard is a deferential form of review meant to ensure that “courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Canada (Minister of Citizenship and Immigration) v Vavilov, [...] [16] The Respondent submits that decisions of judicial councils are to be reviewed “with a great deal of deference.” In Moreau-Bérubé v New Brunswick (Judicial Council), 2002 SCC 11, Justice Arbour stated that “[j]udicial councils may be viewed as unique not only amongst administrative tribunals but even amongst
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6,704.
Khalsa v. Canada (Citizenship and Immigration) - 2021 FC 1152 - 2021-10-28
Federal Court Decisions[5] A procedural fairness letter (“PFL”) was provided to the Applicant by CBSA on January 6, 2015. [...] Thus, it appears that while the ID Member may have been improper in their dealing with the psychiatrist’s note, this is not determinative and does not render the decision unreasonable.
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6,705.
Ebid v. Immigration Consultants of Canada Regulatory Council - 2021 FC 755 - 2021-07-16
Federal Court Decisions[3] In the underlying judicial review, the Applicant claims that the disciplinary process breached his right to procedural fairness, and that it violated section 7 of the Canadian Charter of Rights and Freedoms, s 7, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter], as [...] • breached his duty to his clients by failing to deal with their files in a professional manner, misrepresenting the ongoing situation and the clients’ options regarding future representation, inappropriately issuing a blanket denial of refunds for unearned fees, and attempting to have his clients sign a waiver and release;
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6,706.
Gonzales v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 519 - 2019-04-24
Federal Court DecisionsSubsection 25(1) provides the Minister a mechanism to deal with exceptional circumstances. [...] In failing to do so, that officer breached the Applicant’s right to procedural fairness.
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6,707.
Farah v. Canada (Citizenship and Immigration) - 2018 FC 1162 - 2018-11-16
Federal Court Decisions[12] The Applicant further submits that the Officer breached the duty of fairness by failing to consult the Chairperson Guideline 9 - Proceedings before the IRB Involving Sexual Orientation and Gender Identity and Expression [the SOGIE Guidelines] before rendering his decision (Hernandez v Canada (Minister of Citizenship [...] The Court disagrees as there is no obligation for a PRRA officer to apply these guidelines to the Applicant’s sexual orientation when dealing with a PRRA (Mudiyanselage at para 28).
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6,708.
Al-Abayechi v. Canada (Citizenship and Immigration) - 2018 FC 360 - 2018-04-09
Federal Court Decisions[12] A correctness standard of review applies to the Applicant’s allegations that their former consultant is incompetent, as this issue “goes to the Applicant’s right to fully present his case, which is an issue of procedural fairness”: Galyas v Canada (Citizenship and Immigration), 2013 FC 250 at para 27. [...] If the Applicant chooses to hire an immigration consultant rather than a member of the immigration bar, he has to deal with the consequences.
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6,709.
Olah v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 899 - 2017-10-11
Federal Court Decisions[8] The Officer began by dealing generally with the situation of Roma in Hungary. [...] [24] The Officer concluded, once again without explanation, that a fair reading of the documentary evidence showed that the central government was motivated and willing to protect the Roma, but that the measures were not always implemented effectively at the local or municipal level.
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6,710.
Singh v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 683 - 2017-07-13
Federal Court DecisionsThose arguments are better left for the judicial review that squarely deals with that issue, and which were squarely before the ID. While the issues may be related in certain respects, they were brought before both the ID and this Court separately, and so to confuse them now at this stage would, in my view, be [...] Concerns about procedural fairness or bias, the presence of an important legal or constitutional issue, or the fact that all parties have consented to early recourse to the courts are not exceptional circumstances allowing parties to bypass an administrative process, as long as that process allows the issues to be raised
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6,711.
Deng v. Canada (Citizenship and Immigration) - 2016 FC 303 - 2016-03-10
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] [23] I disagree with this interpretation and not simply because the provisions are dealing with different subject matters from that in s 40(1)(b).
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6,712.
Lakatos v. Canada (Citizenship and Immigration) - 2014 FC 785 - 2014-08-08
Federal Court Decisions[31] To be fair, the RPD acknowledged that there is evidence contradicting its overall conclusion of adequate protection. [...] [32] Nevertheless, the RPD concluded that, “although not perfect, there is adequate state protection in Hungary and that Hungary is making changes at the operational level to deal with the problem of racism against Roma” (para 44).
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6,713.
Chambers v. Daou - 2014 FC 695 - 2014-07-16
Federal Court DecisionsWere we to accept the appellants' position, it would be possible for the inmate to first challenge that decision for want of procedural fairness by applying for habeas corpus with certiorari in aid in a provincial superior court and then, should that application fail, challenge the reasonableness of the same decision by [...] 2. If the parties wish to have the Court deal with costs, they should make their submission in writing within 60 days of the date of this order.
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6,714.
Perez Perez v. Canada (Citizenship and Immigration) - 2013 FC 506 - 2013-05-14
Federal Court DecisionsIn light of the Court’s remarks in that paragraph, the Court thoroughly reviewed the transcript in its entirety to ensure that the entire hearing was not affected by a failure on the part of the RPD which would have cast doubt on the fairness of the hearing (Mobil Oil Canada Ltd. v Canada-Newfoundland Offshore Petroleum [...] [7] What is crucial to this case is that the Applicant made only two attempts to seek assistance, one of which was to police who had no local jurisdiction to deal with her complaint.
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6,715.
De Carolis v. Canada (Attorney General) - 2013 FC 366 - 2013-04-12
Federal Court DecisionsHe also stated that he kept nothing but some clothes at his Canadian residence, did not have any furniture and travelled a great deal. [...] (2) Le ministre peut, en tout temps, faire enquête sur l’admissibilité d’une personne à une prestation, y compris sur la capacité du prestataire pour ce qui est de l’administration de ses propres affaires.
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6,716.
Romero v. Canada (Citizenship and Immigration) - 2012 FC 265 - 2012-02-27
Federal Court Decisionsd) l’étranger cherche à entrer au Canada et à faire partie de la catégorie des aides familiaux, à moins qu’il ne se conforme à l’article 112; [...] In my view, this mistake is highly material because the Applicant’s past conduct with regard to complying with past conditions says a great deal about whether she will comply with future conditions.
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6,717.
League for Human Rights of B'Nai Brith Canada v. Canada - 2012 FC 234 - 2012-02-21
Federal Court Decisions29. In considering rule 400(3)(i) and (k), this Court should take into account the fact that the respondent Odynsky failed to admit that the standing of the applicant was at least fairly arguable. [...] In other words, as per the Bull case, justice is better served by allowing the application judge to deal with all of the issues raised by the judicial review application.
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6,718.
Hernandez v. Canada (Citizenship and Immigration) - 2011 FC 703 - 2011-06-15
Federal Court Decisions[21] Further, they argue that there was a breach in procedural fairness because the Board did not deal appropriately with the applicant’s illiteracy.
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6,719.
Ram v. Canada (Citizenship and Immigration) - 2010 FC 548 - 2010-05-18
Federal Court Decisions[8] The officer concluded from his country conditions analysis that though Guyana was a functioning democracy, it was dealing with rampant acts of crime and violence. [...] Since Dunsmuir, the standard of reasonableness simpliciter has been collapsed into the standard of reasonableness, and this Court has consequently consistently applied this standard in judicial review decisions of PRRA officers which do not raise issues of natural justice and procedural fairness: Ramanathan v. Canada
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6,720.
Latif v. Canada (Citizenship and Immigration) - 2009 FC 63 - 2009-01-22
Federal Court DecisionsThe ability to question with sensitivity, awareness of the signs of gender-related persecution, and knowledge of conditions affecting women in source countries, are required of those who deal with refugee women. [...] The cultural complexities of her situation should warrant fair consideration and full understanding from the visa officer.
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6,721.
Wilson v. Ross - 2008 FC 1173 - 2008-10-16
Federal Court Decisions· He had not been given notice of any meeting to deal with the allocation of housing. [...] While an election does not suspend council activity, councillors must carry out those duties in a scrupulously fair and honest fashion.
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6,722.
Nycomed Canada Inc. v. Canada (Health) - 2008 FC 555 - 2008-04-29
Federal Court Decisionsknown to inhibit the secretion of gastric juice or acid in the stomach.Its use as such is no longer protected by patent.For the purpose of this motion, it is fair to say that the relevant claims of the ‘694 Patent appear to be for a composition of pantoprazole both partly resistant and partly non-resistant to gastric [...] claim 3 of the patent does not contain a claim for the medicine, she specifically mentions that Apotex’s NOA, in respect of allegations of irrelevant claims, deals only with claim 3 of the ‘694 Patent; accordingly, that is the only claim that she herself addresses and determines on the issue of relevance.Indeed, the Court
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6,723.
Solvay Pharma Inc. v. Apotex Inc. - 2007 FC 913 - 2007-09-14
Federal Court Decisions[7] This motion does not deal with any matter that is vital to the final issues (such as, for example, a motion to strike). [...] Thus, it is fair to say that each case will involve a different weighing depending on the individual circumstances before the decision maker.
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6,724.
Mrak v. Canada (Human Resources and Skills Development) - 2007 FC 672 - 2007-06-26
Federal Court Decisions[24] I also refer to Justice Reed’s decision in Kerth v. Canada (Minister of Human Resources Development) [1999] FCJ No. 1252 dealing, once again, with a judicial review application challenging the refusal to grant leave to the Board from a decision of the Review Tribunal. [...] [37] Counsel for Mr. Mrak raised a third point which I need not discuss which related to a breach of the duty of fairness in not providing written reasons for the grant of leave.
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6,725.
Willson v. Canada (Citizenship and Immigration) - 2007 FC 488 - 2007-05-04
Federal Court DecisionsGiven that the end of the civil war is still fairly recent, it was also reasonable to conclude that medical services should continue to improve in Liberia. [...] It is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention.