7,644 result(s)
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7,051.
National Bank of Canada v. Taha - 2022 FC 1282 - 2022-09-12
Federal Court DecisionsIn considering costs, the PEI Court of Appeal noted that the primary issue of mortgage default was fairly narrow and not complex, but the appeal proceeding was made more complex because Mr Taha engaged in “superfluous correspondence” and introduced “wide-ranging unmeritorious and often non-justiciable defences and claims” [...] • Courts are community property available to everyone, but access may be restricted in some circumstances in order to protect the finite resources of the Court from being diverted away from dealing with other proceedings involving allegations deserving of a proper share of the Court’s attention.
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7,052.
Ibrahim v. Canada (Citizenship and Immigration) - 2022 FC 1194 - 2022-08-12
Federal Court DecisionsIn my view, a reasonable and fair-minded person would judge the requirement that he leave Canada and go to a war zone where a dire humanitarian crisis prevails so that he could apply for permanent residence as a misfortune potentially deserving of amelioration. [...] The Respondent emphasizes the Court’s statement in Ndikumana that it would not be unreasonable to find that the applicant will continue to benefit from the ADR applicable to that country and that she will not have to deal with current conditions in Burundi (at para 19).
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7,053.
Oladele v. Canada (Citizenship and Immigration) - 2022 FC 1161 - 2022-08-03
Federal Court DecisionsThe Applicant states that the move to Uganda caused the family a great deal of practical, financial, physical and emotional hardship. [...] [33] Third, the Applicant submits that this Court’s intervention is warranted, and nothing short of the remedy of mandamus compelling the Minister to discharge his duty will ensure the Applicant’s right to the fair processing of his application for permanent residence.
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7,054.
Mitchell v. Academy of Learning Mississauga - 2022 FC 607 - 2022-04-26
Federal Court DecisionsIf the motions to strike are unsuccessful and the matter is properly before the Court, that is the appropriate time to deal with existing and future pleadings. [...] (d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder;
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7,055.
Shah v. Canada (Citizenship and Immigration) - 2022 FC 424 - 2022-03-29
Federal Court DecisionsIn the end, Madam Justice Kane concluded that the officer did not breach the principles of procedural fairness by relying upon his own internet search with respect to the services in Bangladesh that could support their son with autism, did not apply an outdated approach to the H&C determination, and did not fetter his [...] ” The Immigration Officer also sets out at length sections of the website dealing specifically with the nature of the programs and the faculty of 51 teachers and professionals from various disciplines at the school.
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7,056.
Tung v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 141 - 2022-02-04
Federal Court DecisionsIn August 2014, the Refugee Protection Division [RPD] agreed with the Minister of Citizenship and Immigration and nullified the 2002 grant of refugee status, however, the RPD decision was set aside on judicial review on procedural fairness grounds: the RPD unreasonably denied Ms. Tung an adjournment so as to allow her [...] [14] I accept that the reference by the Minister’s delegate to this Court’s decision in Tung 2018 is somewhat confusing as Madam Justice MacDonald did not definitively deal with the issue of the retrospective application of paragraph 46(1)(c.1) of the Act, however the Minister’s delegate did not say that she did.
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7,057.
Gucake v. Canada (Citizenship and Immigration) - 2022 FC 123 - 2022-02-02
Federal Court DecisionsJustice Gagné found that “consideration of personal interests or humanitarian and compassionate [H&C] factors should form part of the procedural fairness offered to affected individuals by the citizenship revocation process”: paras 2 and 124. [...] [56] Chieu considered whether the Immigration Appeal Division was entitled to consider potential foreign hardship when dealing with appeals of removal orders made against permanent residents.
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7,058.
Hutton v. Canada (Attorney General) - 2021 FC 815 - 2021-08-05
Federal Court DecisionsThis judge has fifteen years of experience in dealing with matters relating to national security as well as related prior legal experience. [...] While I found that additional disclosure may be warranted when there are allegations of bias or a breach of procedural fairness, I also noted that this does not allow a person to engage in a fishing expedition in the hopes of discovering some documents to establish the claim.
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7,059.
Griffiths v. Canada (Citizenship and Immigration) - 2021 FC 653 - 2021-06-22
Federal Court DecisionsThe Applicant signed a plea deal for the lesser charge of “making a false statement in application and use of passport”; the disposition of the other charges was thus suspended. [...] On June 27, 2019, the Officer notified the Applicant via a procedural fairness letter (“PFL”) of his potential inadmissibility to Canada in relation to the charge for perjury.
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7,060.
Canada (National Revenue) v. 2276230 Ontario Inc. - 2021 FC 242 - 2021-03-19
Federal Court DecisionsThey cite the description of the doctrine of abuse of process set out in the dissenting reasons of R v Scott, [1990] 3 SCR 979 at page 1006: “A judge has the power to stay or strike down proceedings which are oppressive or vexatious and violate the fundamental principles of justice underlying the community’s sense of fair [...] [30] The Respondents argue that the application for a compliance order is abusive or oppressive because the Applicant is aware that they have spent considerable time and money dealing with previous matters, culminating in their filing of Notices of Objection and their statements that they intend to file appeals with the Tax
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7,061.
Nti v. Canada (Citizenship and Immigration) - 2020 FC 595 - 2020-05-06
Federal Court DecisionsAs Justice Kane noted in Sallai, this has resulted in a “great deal of jurisprudence” on the characterization of PRRA officers’ findings: Sallai at paras 47–52. [...] [25] I note that Mr. Nti does not argue as a matter of procedural fairness that an oral hearing should have been held because the PRRA officer made veiled credibility findings.
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7,062.
Alriyati v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 496 - 2020-04-07
Federal Court Decisions[15] The Applicant raised certain questions about procedural fairness in his Application for Leave and for Judicial Review, but did not pursue them in the written or oral submissions, and it is not necessary to deal with them.
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7,063.
Canada v. Klesse - 2020 FC 45 - 2020-01-14
Federal Court DecisionsThe Plaintiff argues that this case should be determined by summary judgment because the evidence needed to fairly adjudicate the matter is contained in the affidavits that are before the Court, and the matter turns mainly on legal questions relating to the interpretation of the AMPA. [...] Again, I will deal with this submission briefly. The Defendant has not introduced any evidence to support this contention, and it flies in the face of the evidence and admissions on the record.
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7,064.
Moore v. Canada (Citizenship and Immigration) - 2019 FC 1662 - 2019-12-31
Federal Court DecisionsUntil the reopening of the Applicant’s vacation hearing is settled, it seems to be a fair assertion that the 2009 RPD decision is not definitive nor is it determinative of the veracity of the Applicant’s identity documents. [...] Justice de Montigny’s analysis thus deals with the proper approach to balancing multiple H&C considerations including BIOC, as is the case here.
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7,065.
Kayode v. Canada (Citizenship and Immigration) - 2019 FC 495 - 2019-04-18
Federal Court DecisionsAccording to the applicant, Olatunde “threatened that no matter where I was in Nigeria he would find me and that I should answer his calls or else he would deal with me.” The applicant states in her narrative that Olatunde “dragged” her back to her parents’ home. [...] In fairness to the member, the applicant’s evidence on this point is less than clear.
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7,066.
Zuniga v. Canada (Citizenship and Immigration) - 2018 FC 634 - 2018-06-19
Federal Court DecisionsThey endured a great deal of hardship in El Salvador and were robbed of childhood and opportunity. [...] Nor was there an issue of procedural fairness. Therefore, I am satisfied the decision meets the tests set out in Dunsmuir and judicial review must be dismissed.
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7,067.
Francisco v. Canada (Citizenship and Immigration) - 2018 FC 456 - 2018-04-27
Federal Court Decisions107 (2) Si elle estime, en cas de rejet, qu’il n’a été présenté aucun élément de preuve crédible ou digne de foi sur lequel elle aurait pu fonder une décision favorable, la section doit faire état dans sa décision de l’absence de minimum de fondement de la demande. [...] He says further that in describing his father’s manner of dealing with the threats he was portraying his father’s strength and courage, which is the opposite of the Board’s suggestion that he portrayed his father as old and weak.
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7,068.
Crawford v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 743 - 2017-07-31
Federal Court Decisions[30] The Officer recognized that family separation is difficult and it is fair to say, I believe, that the removal process is bound to be upsetting for any six-year old child about to be separated from one of his/her parents. [...] First, the Court was dealing with a Roma family who had escaped persecution and sought protection in Canada.
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7,069.
Elbit Systems Electro-optics Elop Ltd. v. Selex ES Ltd. - 2016 FC 1129 - 2016-10-11
Federal Court DecisionsI doubt very much that the issues raised today by the defendant in this appeal truly deal with a pure question of law or an extricable legal principle at issue. [...] I am not satisfied that, either on a fair reading of the SOC or at law, the giving of an indemnity is a sine qua non condition of inducement.
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7,070.
Mukamusoni v. Canada (Citizenship and Immigration) - 2015 FC 196 - 2015-02-17
Federal Court DecisionsI find it useful to reproduce the following passage from L. Waldman, Immigration Law and Practice (Markham: Butterworths Canada Ltd. 1992) at page 8.10, paragraph § 8.22 which deals with plausibility findings and the impact of documentary evidence that may be before the tribunal: [...] [46] The Court considers that the applicant’s claim that the RPD breached its duty of procedural fairness by issuing a decision six months after the hearing was held is without merit.
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7,071.
Gvozdenovic v. Canada (Citizenship and Immigration) - 2013 FC 851 - 2013-08-09
Federal Court DecisionsI do not think that a fair and reasonable reading of the Decision supports that position. [...] IFA is given its own heading, but paragraphs 8 and 9 deal with state protection and make clear and discrete findings on point.
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7,072.
Yusuf v. Canada (Citizenship and Immigration) - 2013 FC 591 - 2013-06-05
Federal Court Decisionsto humanitarian values and the objectives of the IRPA. Moreover, the provisions of an Act are to be interpreted as to ensure the attainment of the object of the said Act and in considering the objectives of the IRPA in respect of refugees, decision makers are to ensure that asylum seekers receive fair consideration. [...] [29] For the reasons that follow, it will not be necessary to deal with the second issue.
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7,073.
Robat Torki v. Canada (Citizenship and Immigration) - 2012 FC 1400 - 2012-11-29
Federal Court DecisionsThe refugee protection claimants also raised two issues related to procedural fairness: (5) a reasonable apprehension of bias and (6) translation errors. [...] According to the applicant, the panel failed to deal with the issue of whether Mohammad could be subject to persecution if the state authorities were to learn that he had rejected Islam.
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7,074.
Canada (Citizenship and Immigration) v. Morel - 2012 FC 1404 - 2012-11-29
Federal Court DecisionsAccording to counsel [translation] “in so far as the new version of section 4 is more onerous, fairness requires the enforcement of the law in effect at the time of the initial decision”. [...] Almost the entire decision deals with Mr. Morel’s intentions. The panel should have considered both parties’ intentions.
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7,075.
Hadaydoun v. Canada (Citizenship and Immigration) - 2012 FC 995 - 2012-08-14
Federal Court Decisions[14] The appeal in this case relates essentially to the determination made by a citizenship judge under section 5 of the Act. The Federal Court has produced a great deal of jurisprudence on these types of decisions, most of which relates to interpretations of the residence requirements. [...] The issues of jurisdiction, procedural fairness and natural justice raised in these appeals are nonetheless reviewed against the correctness standard in accordance with the principles outlined in Dunsmuir.