7,645 result(s)
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6,876.
Luciano v. Canada (Citizenship and Immigration) - 2019 FC 1557 - 2019-12-04
Federal Court DecisionsThe letters from Christine’s psychiatrist and therapist affirm that having her mother in the country would help her manage her depression, create a stable life for Zurie, and obtain a fair custody arrangement. [...] [48] The comparison between Christine—as someone with a low income who is dealing with mental illness, fighting for the custody of her child, and working full-time—with an individual who is criminally inadmissible to Canada not only borders on a repugnant and entirely inappropriate comparison between poverty and
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6,877.
Lin v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 862 - 2019-06-26
Federal Court Decisionsadditional argument was advanced that the s 44 referral process employed against them constituted an abuse of process because the misrepresentation allegations could and should have been raised in the context of earlier admissibility hearings dealing with their residency obligations [see CTR in IMM-1061-18 at pp 755-758]. [...] This approach is consistent with the duty of procedural fairness recognized in some decisions of this Court requiring the Officer to invite submissions from the interested party.
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6,878.
Theaker v. Canada (Justice) - 2018 FC 662 - 2018-06-28
Federal Court DecisionsAugust 19, 2015, made pursuant to subsection 41(1) of the Canadian Human Rights Act, RSC, 1985, c H-6 [CHRA], respecting a complaint she made to the CHRC. The CHRC allowed the Applicant’s complaint to proceed in part but limited it “to deal only with the [Applicant]’s allegations dating from November 2008 to August 2010”. [...] [23] The Applicant states the grounds for her motion as: “ongoing acts of sabotage by JT against the Canadian Federal Government and myself for his own personal gain by bribing the United States Government since 2011”; applicable laws governing cybercrime in Canada; rules of procedural fairness for self-represented persons;
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6,879.
Canada (Attorney General) v. Mahood - 2018 FC 366 - 2018-04-05
Federal Court DecisionsMoreover, the Tribunal notes the requirements of procedural fairness are even more acute when a party is self-represented, as is the case with Ms. Mahood. [...] Under the circumstances, I can see no error on the part of the Tribunal member in her interpretation of s 4.79 of the Aeronautics Act. I will deal later with the reasonableness of the decision as to whether the CCTV footage is required by law.
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6,880.
Koppalapillai v. Canada (Citizenship and Immigration) - 2018 FC 235 - 2018-03-02
Federal Court Decisions[12] Although the Applicant raises several discrete issues, it is unnecessary to deal with these separately because the overarching issue, in my view, is whether the PRRA Officer’s decision was reasonable. [...] [13] It is well established that, absent any question of procedural fairness, the standard of review by which to assess a PRRA officer’s decision is that of reasonableness (see, e.g.: Paul v Canada (Immigration, Refugees, and Citizenship), 2017 FC 687 at para 12, 282 ACWS (3d) 146; Khatibi v Canada (Citizenship and
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6,881.
Abenakis of Odanak Council v. O'Bomsawin - 2018 FC 112 - 2018-02-01
Federal Court Decisions[53] The decisions cited by the applicant are distinct, and none of them deal with a comparable situation. [...] In short, I am of the view that the compensation set by the Tribunal, which was lower than the amounts sought by the respondent, represented a fair, equitable and, above all, reasonable compromise in light of all the facts and law.
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6,882.
Yuris v. Canada (Citizenship and Immigration) - 2017 FC 981 - 2017-11-01
Federal Court Decisions[36] Indeed, while not directly dealing with the objective or purpose of paragraph 25(1.2)(b) of the IRPA, the legislative history of the enactment of which paragraph 25(1.2)(b) of the IRPA was a part, indicates that one of Parliament’s primary objectives was to reduce backlogs and abuses in the refugee determination [...] [38] I note that although the Interpretation Act, RSC 1985, c I-21 at section 12 provides that enactments “shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects”, that provision is qualified by the general principle of statutory interpretation that the
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6,883.
Murphy v. Canada (Attorney General) - 2016 FC 1208 - 2016-11-02
Federal Court Decisionsd) The form of hearing respects the requirement under the Social Security Tribunal Regulations to proceed as informally and quickly as circumstances, fairness and natural justice permit. [...] that benefits-conferring legislation ought to be interpreted in a broad and generous manner and that any doubt arising form the language of such legislation ought to be resolved in favour of the claimant.... has been adopted in a number of Supreme Court decisions dealing with the Unemployment Insurance Act, 1971.
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6,884.
Southwind v. Canada - 2016 FC 1132 - 2016-10-11
Federal Court DecisionsPhysical geography deals with the study of processes and patterns in the natural environment like the atmosphere, hydrosphere, biosphere, and geosphere. [...] It submits that Ms. Larcombe in parts of her report relied “fairly extensively” on them.
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6,885.
Astrazeneca Canada Inc v. Apotex Inc - 2016 FC 865 - 2016-07-22
Federal Court Decisions[9] Accordingly, the amendments now sought by Apotex relate only to paragraphs 46 (b),(c), and (c.1), dealing with the NIA plea as follows: [...] Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done.
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6,886.
Alani v. Canada (Prime Minister) - 2015 FC 649 - 2015-05-21
Federal Court DecisionsThere is a fairly lengthy literature on the subject. Although there may be shades of difference among the constitutional lawyers, political scientists, and Judges who have contributed to that literature, the essential features of a convention may be set forth with some degree of confidence. [...] ... [A] declaration is a peculiarly apt instrument in dealing with bodies “invested with public responsibilities” because it can be assumed that they will, without coercion, comply with the law as stated by the courts.
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6,887.
Allergan, Inc. v. Apotex Inc. - 2015 FC 367 - 2015-03-24
Federal Court DecisionsThe Defendants filed a Defence on May 2, 2011 denying infringement and stating that any manufacture or use of gatifloxacin was for experimental and fair use, and relied on certain statutory exemptions provided in subsections 55.2(1) and (6) of the Patent Act, RSC 1985, c.P-4. [...] Many such settlements are very complicated such as structured settlements, and the deal is usually struck before the documentation can be completed.
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6,888.
Kagimbi v. Canada (Attorney General) - 2014 FC 400 - 2014-04-30
Federal Court Decisions[32] In this regard, the adjudicator determined that “[his] role is not to decide whether the employer acted fairly toward Ms. Kagimbi in how it managed the alleged shortcomings in her work or whether the management practices of the correctional supervisors were appropriate”. [...] The jurisprudence shows that the statute is drafted such that the employer has a great deal of flexibility during the probation period, precisely so that it can evaluate the skills of a potential employee.
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6,889.
Canada (Citizenship and Immigration) v. Thiara - 2014 FC 220 - 2014-03-07
Federal Court DecisionsHowever, very fairly, he conceded at the trial that it took place at the citizenship test and not at the citizenship ceremony, the two having been somehow conflated in his mind. [...] However on a balance of probabilities I prefer the evidence of the defendant and that of his sister which deals with their specific case.
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6,890.
Wurm v. Canada (Citizenship and Immigration) - 2014 FC 97 - 2014-01-28
Federal Court Decisionsc) a indiqué par écrit à l’agent qu’il a l’intention de faire ou a fait un placement. [...] More particularly, the affidavit of Pantea Jafari deals mostly with the context of Canada’s immigration system and with the record of the former Minister of Citizenship and Immigration, but does not provide new evidence relevant to the processing of the applicant’s application.
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6,891.
Kearney v. Canada (Citizenship and Immigration) - 2014 FC 96 - 2014-01-28
Federal Court Decisionsc) a indiqué par écrit à l’agent qu’il a l’intention de faire ou a fait un placement. [...] More particularly, the affidavit of Pantea Jafari deals mostly with the context of Canada’s immigration system and with the record of the former Minister of Citizenship and Immigration, but does not provide new evidence relevant to the processing of the applicant’s application.
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6,892.
Garcia Arreaga v Canada ( Citizenship and Immigration) - 2013 FC 977 - 2013-09-25
Federal Court DecisionsThey also argued that, if she had to return to Guatemala, the female applicant would risk a great deal because of her political opinions. [...] Further, the RPD did not rule on the existence or the lack of a link between refugee claim and the grounds established under section 96 of the IRPA, unlike what procedural fairness dictates.
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6,893.
CPNI Inc. v. Canada (National Revenue) - 2013 FC 96 - 2013-03-01
Federal Court Decisions25. Les pénalités et les intérêts peuvent faire l'objet d'une renonciation ou d'une annulation, en tout ou en partie, lorsqu'ils découlent de circonstances indépendantes de la volonté du contribuable. [...] The Court notes that we are not dealing here with an event comparable to the examples set out in paragraphs 5(a) and (b) of the Guidelines, such as flood, fire, civil disturbances or disruptions in services.
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6,894.
Precision Door & Gate Service Ltd. v. Precision Holdings of Brevard, Inc. - 2012 FC 496 - 2012-04-30
Federal Court DecisionsThey are all dominated by the word “Precision” which is a fairly common noun, associated with exactitude and care. [...] (...) I am satisfied that confusion would be inevitable in this case given that the trade names are not merely similar but identical and deal with the same type of wares (...)
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6,895.
Williams v. Canada (Attorney General) - 2011 FC 1311 - 2011-11-15
Federal Court DecisionsCATSA’s investigation and review process to deal with Performance Events is set out in chapter 11 of the SOP (Sévigny Affidavit at para 34; Exhibit A at pp 85 to 94). [...] In the event of a second failed X-ray recertification test, the NTCP provides that the LDB refers the matter to the NDB. As indicated in the LPA Briefing Note, dated January 5, 2011, the LDB was of the view that the Applicant’s testing had been done fairly and there were no reasons to offer a third attempt (Sévigny
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6,896.
Montreal (City) v. Montreal Port Authority - 2011 FC 937 - 2011-07-27
Federal Court Decisions[17] Regarding department properties, the PWGSC Policy establishes a procedure and lists criteria for the application and administration of LPS applications to ensure that they are processed in a fair, equitable and predictable manner. [...] This is a type of general insurance that while respecting the principle of tax immunity, allows the taxing authority to forecast spending and to budget, or even to borrow, based on the expected PILT income as if it were dealing with another business taxpayer.
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6,897.
Kargo v. Canada (Citizenship and Immigration) - 2011 FC 469 - 2011-04-15
Federal Court DecisionsThe first refusal was issued on 3 June 2009, following a misunderstanding by a visa officer that both the Applicant Daughter and Son had failed to respond to official “Fairness Letters” and that neither met the definition of a dependant. [...] This leaves the Court to deal with the outstanding issues of directed verdict, time-limits for completion of the re-determination and finalization of the permanent residence application, and costs.
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6,898.
Dezameau v. Canada (Citizenship and Immigration) - 2010 FC 559 - 2010-05-27
Federal Court DecisionsAdditional evidence may be submitted on issues of procedural fairness and jurisdiction according to Ontario Assn. of Architects v. Assn. of Architectural Technologists of Ontario, [2003] 1 F.C. 331 (C.A.), leave to appeal to the Supreme Court of Canada, refused. [...] Specialized medical facilities are required to deal with the trauma of rape.
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6,899.
Omary v. Canada (Attorney General) - 2010 FC 335 - 2010-03-26
Federal Court DecisionsWe are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] In the absence of specific rules laid down by statute or regulation, they control their own procedures subject to the proviso that they comply with the rules of fairness and, where they exercise judicial or quasi-judicial functions, the rules of natural justice.
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6,900.
Nagaratnam v. Canada (Citizenship and Immigration) - 2010 FC 204 - 2010-02-23
Federal Court Decisions[13] Whether the Officer erred by making a finding of credibility without convoking an in-person hearing is an issue of procedural fairness. [...] On these facts, Rule 167 was not triggered and there was no need to convene an interview to deal with a Decision that, essentially, is concerned with country condition documentation.