7,644 result(s)
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76.
Barlagne v. Canada (Citizenship and Immigration) - 2010 FC 547 - 2010-05-18
Federal Court DecisionsProcedural fairness [40] That being said, was there a breach of procedural fairness? [...] He also states that documents B to D and F to H, which deal with Rachel’s health condition, did not need to be disclosed because the procedural fairness letter contained a complete description of the medical officer’s medical notification. [...] [9] The Court is only dealing here with the parts of the legislation that are the most relevant in this case.
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77.
Kleckner v. Canada (Attorney General) - 2016 FC 1206 - 2016-10-31
Federal Court DecisionsConsequently, one has to assume that if Captain Kleckner had initiated a grievance, it would have been conducted in a fair, impartial and independent manner. [...] [34] As for the other issues raised by Captain Kleckner, I find that Captain Kleckner has not demonstrated a breach of procedural fairness by the Commission. [...] It also found that the adequacy or sufficiency of reasons does not fall under procedural fairness and the corresponding correctness standard of review, but rather is an issue commanding a reasonableness analysis.
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78.
Cape Breton Development Corp. v. Hynes - 1999-03-15
Federal Court Decisions41. Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] I deal with the first two issues as expressed by the applicant, and the third, as I perceive it, that was raised in the course of the hearing. [...] [25] No reasons were here specified by the Commission, a matter I propose to deal with in discussing below the requirements of procedural fairness.
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79.
Via Rail Canada Inc. v. Cannon - 2015 FC 989 - 2015-08-19
Federal Court Decisions[11] On September 6, 2013, VIA objected to the Commission dealing with the Complaint pursuant to paragraph 41(1)(e) of the Act, which states: [...] Given my concerns on the procedural fairness of this case, I did not need to address this argument. [...] However, given my findings on the violations of procedural fairness, I will grant the alternate remedy sought by the Applicant.
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80.
Carroll v. Canada (Attorney General) - 2015 FC 287 - 2015-03-06
Federal Court DecisionsIt further advised that the Commission would prepare a section 40/41 report to decide whether to deal with the complaint. [...] Given that the alternate decision-maker dealt with the human rights issues raised in this complaint and that process was fair, the Commission must respect the finality of that decision and should not deal with this complaint. [...] In order to be fair, the investigation had to be thorough and neutral.
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81.
Raivitch v. Canada (Minister of Human Resources Development) - 2006 FC 1279 - 2006-10-25
Federal Court Decisions2. Whether the conduct of the respondent amounted to a denial of procedural fairness. [...] 2. Whether the conduct of the respondent amounted to a denial of procedural fairness. [...] In other words, some level of procedural fairness is warranted but not at an overly onerous level.
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82.
Dupéré v. Canada (House of Commons) - 2006 FC 997 - 2006-08-18
Federal Court Decisions[32] The applicant submitted that the duty to give reasons may be imposed by statute or by the operation of the principles of fairness. [...] Did the Commission have jurisdiction to deal with the applicant’s complaint? [...] 4. Les actes discriminatoires prévus aux articles 5 à 14.1 peuvent faire l'objet d'une plainte en vertu de la partie III et toute personne reconnue coupable de ces actes peut faire l'objet des ordonnances prévues aux articles 53 et 54.
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83.
Panula v. Canada (Attorney General) - 2014-02-24
Federal Court Decisions[17] Questions of procedural fairness are to be reviewed on a standard of correctness (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, at para 43 (Khosa)). [...] This includes questions involving the fairness of the procedure adopted by the Commission in deciding whether to deal with complaints under subsection 41(1) of the CHRA (Ayangma at para 56; Exeter at para 6) and questions involving administrative delays in rendering decisions in administrative proceedings (Blencoe v British [...] [46] Consequently, where the Commission has followed the requirements of the CHRA, a decision issued some 13 months later does not amount to a violation of the duty of fairness..
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84.
Sahakyan v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1542 - 2004-11-02
Federal Court DecisionsSection 3(1) deals with immigration and section 3(2) deals with refugees. [...] NATURAL JUSTICE - WAS THE HEARING FAIR? [24] I have come to the conclusion that Mr. Sahakyan was not given a fair hearing. [...] It suggests that the applicant is not being fairly dealt with and that fairness demands that he at least be afforded an opportunity to state his position on them.
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85.
Spidel v. Canada (Attorney General) - 2011 FC 601 - 2011-05-30
Federal Court Decisionsd. Has the applicant demonstrated that a breach of procedural fairness occurred? [...] I will deal with the arguments on this subject under the issue of erroneous findings of fact. [...] The Commissioner did not fail to exercise his jurisdiction or to deal with the issues that were placed before him.
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86.
Imperial Oil Resources Ltd. v. Canada (Minister of Indian Affairs and Northern Develpment) - 1997-12-16
Federal Court Decisions[27] Counsel for the respondents submits that subsection 21(7) should not be considered a complete code for dealing with non arm's-length situations. [...] [28] My determination with respect to the five percent marketing fee may make it unnecessary to deal with the question of audit. [...] [35] Finally, it is of some significance that we are not dealing here with a contract to which agreement must be obtained from the parties thereto.
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87.
Johnson v. Maritime Telegraph & Telephone Co. - 2004 FC 951 - 2004-06-30
Federal Court Decisions[29] It is well established that the principles of procedural fairness differ according to the context. [...] In my opinion the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness. [...] ... ... The duty to give reasons has been imposed by Parliament in certain specific cases, including the situation covered by subsection 42(1) of the Act which applies where the Commission decides not to deal with a case for the reasons set out in section 41.1 would hesitate to use the rules of procedural fairness to impose
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88.
Jimmie v. Council of the Squiala First Nation - 2018 FC 190 - 2018-02-19
Federal Court DecisionsB. Should this Court exercise its discretion to deal with this dispute? [...] Although the Court may not often deal with decisions made by such councils in relation to housing, it frequently is requested to assess the reasonableness of band council decisions, whether they were made in accordance with procedural fairness, and whether they were within the jurisdiction of the band council to make. [...] • 1.The Federal Court has the jurisdiction to deal with this Application on its merits.
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89.
Gagliano v. Canada (Commission of Inquiry into the Sponsorship Program and Advertising Activities) - 2008 FC 981 - 2008-09-05
Federal Court DecisionsIndeed, since we are dealing with the same commission of inquiry, what I decided regarding Commissioner Gomery’s procedural fairness obligation in the cases of Mr. Chrétien and Mr. Pelletier applies in the same way here. [...] Administrative boards that deal with matters of policy will be closely comparable to the boards composed of municipal councillors. [...] I am going to begin by examining the more specific elements of the reasonable apprehension of bias, and then I will deal with the procedural fairness allegations one by one, ever mindful of the fact that the Applicant considers them to be additional pieces of evidence pointing to the reasonable apprehension of bias.
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90.
English-Baker v. Canada (Attorney General) - 2009 FC 1253 - 2009-12-10
Federal Court DecisionsIssues related to procedural fairness must be correct. III. Issue [14] The issue to be considered can be set out as such: did the Commission err and/or breach procedural fairness or natural justice in declining to deal with the complaint? [...] They were advised that, based on their submissions, the Commission would decide either to deal with or not deal with the complaint under subsection 41(1)(d). [...] She did not raise the issue of representation to the adjudicator nor did she appeal the adjudicator’s decision based on procedural fairness grounds.
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91.
Baltruweit v. Canada (Attorney General) - 2002 FCT 2000 - 2002-11-19
Federal Court DecisionsNotwithstanding that the complaint was late-filed, the Commission agreed to deal with this fourth complaint. [...] Did the Commission breach the principles of procedural fairness when it dismissed my complaint? [...] This appeal deals with the application of the test set out in R. v. McClure, [2001] 1 S.C.R. 445, ... .
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92.
Canadian Federation of Students v. Natural Sciences and Engineering Research Council of Canada - 2008 FC 493 - 2008-04-18
Federal Court Decisions3. Procedural fairness: a. What are the requirements of procedural fairness in the present case? [...] • NSERC’s expertise includes dealing with academic institutions, and their policies and procedures. [...] The applicant submitted that NSERC breached procedural fairness when it departed from its “normal procedure” and failed to inform the applicant of the new procedure taken to deal with the complaint.
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93.
Andrews v. Canada (Attorney General) - 2015 FC 780 - 2015-06-22
Federal Court Decisions69. The lack of procedural fairness in the IA decision was acknowledged in the Final Authority decision. [...] 71. The complainant states that only the Commission will be able to fully deal with all of the matters in his complaint. [...] Commission to deal with complaint Irrecevabilité 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that
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94.
Via Rail Canada Inc. v. Cannon - 2016 FC 1278 - 2016-11-17
Federal Court DecisionsAs such, the Commission accepted to deal with the complaint. VIA applied for judicial review of this decision. [...] The Court found that the Commission had breached its duty of procedural fairness by denying VIA’s challenge to the timeliness of the complaint by backdating it to August 1, 2012. [...] Commission to deal with complaint Irrecevabilité 41 (1) Subject to section 40, the commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the that
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95.
Maximova v. Canada (Attorney General) - 2018 FC 376 - 2018-04-09
Federal Court Decisions[14] On January 4, 2016, the Commission sent a letter to Ms. Maximova stating that it would not deal with her complaint. [...] [17] Ms. Maximova submits that this is a plain and obvious discrimination matter that the Commission should deal with. [...] Second, a delay may in and of itself constitute a breach of the duty of fairness.
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96.
Brine v. Canada (Attorney General) - 1999-09-20
Federal Court Decisions(b) breach of procedural fairness; and (c) the unreasonableness of the CHRC's decision not to deal with his complaint. [...] (b) The Dunphy Report was not circulated to the parties for comment which is a procedural requirement of fairness before the Commission decides; [...] The Commission breached its statutory obligation and procedural fairness in this case.
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97.
Rhéaume v. Canada (Attorney General) - 2007 FC 919 - 2007-09-14
Federal Court Decisions3. Did the Commission breach the principles of natural justice or procedural fairness in its review of the applicant’s complaint? [...] Did the Commission breach the principles of natural justice or procedural fairness in its review of the applicant’s complaint? [...] Nothing warrants modifying the decision not to deal with the applicant’s complaint.
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98.
AstraZeneca Canada Inc. v. Apotex Inc. - 2008 FC 1301 - 2008-11-21
Federal Court DecisionsThe category includes documents which, though relevant, may not be necessary for the fair disposal of the case. [...] The second deals with information as to certain characteristics of the Apotex products. [...] The second deals with in situ sub-coats. The third deals with testing performed by AstraZeneca employee on an Apotex product, as set out in an affidavit of that employee filed in other proceedings.
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99.
Panacci v. Canada (Attorney General) - 2014 FC 368 - 2014-04-16
Federal Court DecisionsIn other words, in determining whether an issue has been fully dealt with, the Commission should look at the substance of the matter and balance fairness with protecting the finality of the previous decision. [...] In this case, fairness suggests that the matter was not fully addressed, in the context of a remedy, because the adjudicator lacked the authority to address a part of the Applicant’s claim. [...] While I would agree that the principles of fairness and finality in decision making and the avoidance of unnecessary litigation of issues already decided do apply, I do not agree that the issue of jurisdiction is a “red herring”.
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100.
Parmar v. Canada (Citizenship and Immigration) - 2010 FC 723 - 2010-07-02
Federal Court Decisions[1] This is a case of medical inadmissibility to Canada, on grounds of excessive demand for social services and does not deal with excessive demand for health services. [...] It will not be necessary for me to deal with all of the submissions put forward by counsel for the applicant except for two grounds which are determinative: (1) a breach of procedural fairness in failing to provide adequate reasons and (2) unreasonable findings of fact in terms of ability and willingness of the applicant to [...] (4) The M.O. shall examine forthwith Mr. Parmar’s fairness response in compliance with recent jurisprudence and, in compliance with the requirements of procedural fairness, shall assess whether and in what means Mr. Parmar’s fairness response impacted on the information identified in the fairness letter necessarily provided