7,644 result(s)
-
726.
Khaleel v. Canada (Citizenship and Immigration) - 2022 FC 1385 - 2022-10-07
Federal Court DecisionsDid the Officer breach procedural fairness in arriving at the Decision? [...] B. Procedural fairness [17] The standard of review for issues of procedural fairness is generally referred to as correctness. [...] They are not required to refer to every piece of evidence and to explain how they deal with it.
-
727.
Guylas v. Canada (Citizenship and Immigration) - 2015 FC 202 - 2015-02-18
Federal Court Decisions[3] Having concluded that there was a failure of procedural fairness, the application is allowed. [...] I am also of the view that the RPD’s dealings with the party must be both fair and reasonable in the circumstances. [...] Justice must be seen to be done, so while I find it commendable from an efficiency standpoint that the Member was prepared to deal with both matters, the aura of urgency that pervaded the hearing undermined the process.
-
728.
Ceja Corona v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 269 - 2020-02-19
Federal Court DecisionsSince the applicant’s immigration file is quite long and complex, I will deal with only a few aspects in detail in the analysis. [...] [31] The elements of the test are conjunctive; accordingly, it is not necessary to deal with the other questions. [...] But, given the fairness of a stay application, and considering the submissions made by the parties, I would add a few comments on the other factors.
-
729.
Jackson v. Canada (Attorney General) - 2021 FC 1326 - 2021-11-30
Federal Court DecisionsIn addition, the Applicant claims that she was denied procedural fairness. [...] That is all that procedural fairness requires in these circumstances. [...] [60] There is no doubt that the Delegate has “a great deal of discretion” to grant or to refuse to grant, or suspend or cancel a security clearance (Henri at para 24).
-
730.
Walsh v. Canada (Attorney General) - 2017 FC 411 - 2017-04-27
Federal Court DecisionsThe refusal of interest relief is inconsistent with the spirit of taxpayer relief provisions and undermines the fairness process. [...] More importantly, The CRA intended to first deal with a different ‘departure trade’ case [which ultimately was Grant] as a ‘test case’ before dealing with the appeal of the Taxpayer. [...] The following summarizes our understanding of the facts in dealing with these delays.
-
731.
Radiyeh v. Canada (Citizenship and Immigration) - 2022 FC 1234 - 2022-08-30
Federal Court DecisionsGiven this conclusion, I do not have to deal with the other arguments challenging the reasonableness of the Decision or the insufficiency of the Officer’s reasons. [...] [16] Vavilov did not deal directly with issues of procedural fairness, and the approach to be taken on this front has therefore not been modified (Vavilov at para 23). [...] No deference is owed to administrative decision makers on matters raising procedural fairness concerns.
-
732.
Charleblois v. Canada (Human Rights Commission) - 1998-09-17
Federal Court Decisions... The Canadian Labour Relations Board found that the duty of fair representation was not breached. [...] That action alleged that the respondent had failed to fairly represent the complainant. [...] These decisions are to the effect that procedural fairness requires that the Commission have an adequate and fair basis upon which to evaluate whether there was sufficient evidence to warrant the appointment of a Tribunal.
-
733.
Charlebois v. Canada (Human Rights Commission) - 1998-09-17
Federal Court Decisions... The Canadian Labour Relations Board found that the duty of fair representation was not breached. [...] That action alleged that the respondent had failed to fairly represent the complainant. [...] These decisions are to the effect that procedural fairness requires that the Commission have an adequate and fair basis upon which to evaluate whether there was sufficient evidence to warrant the appointment of a Tribunal.
-
734.
Gomez Garro v. Canada (Citizenship and Immigration) - 2007 FC 670 - 2007-06-25
Federal Court Decisions[2] Did the officer comply with the principles of procedural fairness in this case: [...] [6] Since he speaks neither French nor English, he filed his application using the IMM 5476 form entitled “Use of a Representative” and designated lawyer Pablo Fernandez-Davila as his representative (representative) for his dealings with the Department of Citizenship and Immigration. [...] [23] It is unnecessary for me to deal with this issue given my finding about the lack of reasons in the decision.
-
735.
Sala Del Rosario v. Canada (Citizenship and Immigration) - 2019 FC 705 - 2019-05-14
Federal Court DecisionsHe was offered a deal: help catch some other drug dealers and all his charges would be dropped. [...] [11] The applicant contends that the officer’s decision turns on veiled credibility findings and, as a result, it breached procedural fairness to reject his PRRA application without first providing him with a hearing. [...] [12] The officer appears to have accepted that the applicant had made a deal with the authorities in New Jersey.
-
736.
Boulos v. Canada (Attorney General) - 2012 FC 292 - 2012-03-06
Federal Court Decisions[10] By letter dated September 21, 2011, the Applicant took issue with the Adjudicator’s decision to deal with the jurisdictional issues by way of written submissions on the grounds that he would be deprived of procedural fairness. [...] The next day, the Applicant reiterated his objections to the adjudicator’s decision and repeated his concerns about the lack of procedural fairness. [...] He instead brought the present application for judicial review to challenge the adjudicator’s decisions dismissing the Applicant’s objections to the written submission process being used to deal with the jurisdictional objections raised by the CRA. The proceeding was commenced in error before the Federal Court of Appeal and
-
737.
Marek v. Canada (Attorney General) - 2003 FCT 224 - 2003-02-21
Federal Court Decisions[16] Part II of the CCRA deals with conditional release and detention. [...] [29] The applicant invoked the Charter as a ground for suggesting the grievance procedure was not adequate because the CSC was not competent to deal with such issues. [...] [31] Lastly, there is no substance to his argument the Prothonotary exceeded his jurisdiction when dealing with this appeal of his Order to strike.
-
738.
Holmes v. Canada (Attorney General) - 2010 FC 809 - 2010-08-05
Federal Court DecisionsIt revealed that the officer who had conducted the original audit of the applicant had previously advised the applicant on how to deal with the sale of the condominiums. [...] [20] Tax fairness decisions are informal and non-adjudicative in nature. [...] On another note, Mr. Holmes second request for fairness was submitted in June 2007.
-
739.
Canada (Minister of National Revenue) v. Welton Parent Inc. - 2006 FC 67 - 2006-01-24
Federal Court DecisionsIt also knew that the respondent did not deal directly with the unnamed employers.[1] [...] Malgré toute autre loi ou règle de droit, quiconque est tenu par le présent article de faire quelque chose doit le faire, sauf impossibilité. [...] b) faire signifier une copie de l'ordonnance à toute personne qui pourrait faire une demande et au gardien dans les six jours de la date où elle est rendue;
-
740.
Boeyen v. Canada (Attorney General) - 2013 FC 1175 - 2013-11-19
Federal Court DecisionsI deal with these further allegations below. The Sentencing Judge’s Intentions [...] [124] The sentencing judge imposed an indeterminate sentence in order to allow the Applicant to deal with serious problems and render himself ready for parole. [...] The PBC deals with this issue in its Decision in the following way: You then spoke to the Board about the programming that you had taken since your last hearing.
-
741.
Ashton v. Canada (Minister of Citizenship and Immigration) - 1998-02-24
Federal Court DecisionsC. Procedural fairness [17] Mr. Ashton argues that the Minister"s delegate failed to observe a principle of procedural fairness in rendering the August 26, 1996 "danger" opinion because of the failure to give proper formal notice. [...] My lawyer said the Judge would not believe my story and I should cut the best deal possible. [...] Mr. Ashton indicates that he is aware that his involvement in drug use and dealing was wrong.
-
742.
Purcell Systems, Inc. v. Argus Technologies Ltd. - 2007 FC 660 - 2007-06-22
Federal Court DecisionsOne must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., supra, per Addy J. at p. 109. [...] [36] It deals with prior art. [37] Question 146 need not be answered. [...] [39] The questions under this category deal with inventorship and more particularly with the design process and the individuals involved with it.
-
743.
Yearsley v. The Queen - 2001 FCT 732 - 2001-06-28
Federal Court DecisionsI would also note the two principal functions of pleadings: first to define clearly the issues between litigants, and second, to give fair notice of the case to be met: see for example Weatherall v. Canada [1989] 1 F.C. 18 at 29 (F.C.A.). [...] The statement of claim not only fails to set out a precise statement of material fact, but also neither clarifies the issues nor gives fair notice of the case to be met. [...] The Plaintiff deals with marijuana in the context of the Bill of Rights and in the Charter of Rights, again matters which may be in the public interest.
-
744.
Tourki v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 50 - 2006-01-19
Federal Court Decisionsd) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; [...] Many of his customers, particularly Haitian taxi drivers, often deal in U.S. cash. [...] It is no crime to deal in US cash. The defendant did not even suggest that the money was undeclared for income tax purposes.
-
745.
Mousavimianji v. Canada (Citizenship and Immigration) - 2024 FC 726 - 2024-05-10
Federal Court DecisionsProper Reply is limited to issues that a party had no opportunity to deal with, or which could not reasonably have been anticipated. [...] Paragraph 1 is in response to the Respondent’s paragraph 1, which was simply their Overview, and the Court refuses to accept that an overview of a case dealing exclusively with procedural fairness introduces issues of reasonableness. [...] With these findings in mind, the four walls within which the Applicant was granted leave based on their original materials limit them to the procedural fairness arguments they have now abandoned.
-
746.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 1036 - 2023-07-28
Federal Court DecisionsIssues related to procedural fairness are subject to the standard of what level of fairness the circumstances require: Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at para 51. [...] The Respondent submits the Officer met the low level of procedural fairness required. [...] [26] The Applicant’s procedural fairness argument is predicated on the basis that the officer’s concern that the level of the English class he had taken was not conveyed to him in the fairness letter.
-
747.
Bremer v. Canada (Attorney General) - 2006 FC 91 - 2006-01-27
Federal Court Decisions[8] The applicant requested a fairness review of the penalty and interest charges. [...] [17] The Federal Court of Appeal discussed the standard of review to be applied to discretionary decisions of the Minister dealing with the fairness legislation under the Act in Lanno v. Canada (Customs and Revenue Agency), 2005 FCA 153 at paragraphs 6 and 7: [...] Hence, the decision-maker was dealing with a question of mixed fact and law and as such, more deference is called for.
-
748.
Alexander v. Canada (Attorney General) - 2011 FC 1278 - 2011-11-08
Federal Court DecisionsThe respondent was also ordered to provide Mr. Alexander with emails between Mr. Alexander and three other people dealing with staffing. [...] [49] Further, the tribunal ordered that the respondent was to attempt to retrieve and provide copies of the emails dealing with staffing between Mr. Alexander and: [...] [68] The applicants submitted a complaint pursuant to section 77 of the PSEA. Section 77 deals with internal appointments and any review pursuant to this section is confined to issues about the fairness of the specific appointment process.
-
749.
Turner v. Canada (Transport, Infrastructure and Communities) - 2010 FC 613 - 2010-06-07
Federal Court Decisions[25] The TATC deals with this particular item at paragraphs 82 to 88 of its decision. [...] [26] All the other paragraphs (84 to 88) deal with exhibit M-4, which reproduces Starlink SOPs applicable to the C-90, incorporates SOPs applicable to the King Air C-100 aircraft. [...] [41] There is little caselaw dealing with this reconsideration process from this Court.
-
750.
Hughes v. Canada (Attorney General) - 2009 FC 574 - 2009-06-08
Federal Court Decisions[33] As a matter of law, principles of natural justice and the duty of fairness include the right to a fair hearing. [...] [37] First, the Commission was dealing with relatively complex circumstances. [...] (c) paragraphs 66 to 69 which deal with the McAuliffe decision; and,