7,645 result(s)
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1,001.
Sivamayam v. Canada (Minister of Citizenship and Immigration) - 1999-07-30
Federal Court Decisions[5] A good deal of the evidence before the Board consisted of Mr. Sivamayam explaining to the CCRD the experiences which he had in the Vavunia camp on his way from northern Sri Lanka to the south. [...] In light of the conclusion which I have come to on the latter ground, it is not necessary for me to deal with the allegations of reasonable apprehension of bias. [...] [13] In the end result, Mr. Sivamayam was denied a fair hearing. The decision of the CCRD dated September 8, 1998 is set aside and the matter remitted to the Convention Refugee Determination Division for reconsideration by a differently constituted panel.
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1,002.
Varadi v. Canada (Attorney General) - 2017 FC 155 - 2017-02-08
Federal Court DecisionsI have a lot to deal with; I am not Air Canada royal family. You shit a lot on humanity, and because you are superior. [...] Legitimate expectation is one element of procedural fairness. III. Analysis [...] As the Federal Court of Appeal noted, the statutory scheme clothes the Minister with a great deal of discretion (Henri FCA at para 25).
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1,003.
Pasic v. Canada (Attorney General) - 2022 FC 1171 - 2022-08-05
Federal Court DecisionsMany of the points he raised under this ground are considered in the next section dealing with the reasonableness of the decision. [...] [30] The Applicant knew the case he had to meet and had a full and fair opportunity to present his evidence and arguments. [...] For these reasons, I dismiss the Applicant’s claim that he was denied procedural fairness.
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1,004.
Ugbazghi v. Canada (Citizenship and Immigration) - 2008 FC 694 - 2008-05-30
Federal Court DecisionsIn these reasons, I wish to deal more fully with the nature of the information filed in a section 87 application. [...] While the Minister was successful, fairness dictates that Ms. Ugbazghi be afforded the opportunity to propose a certified question. [...] (a) the judge shall proceed as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;
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1,005.
Tendai v. Canada (Citizenship and Immigration) - 2023 FC 880 - 2023-06-22
Federal Court Decisions[22] The third issue concerns procedural fairness. When reviewing the procedural fairness of a decision, the Court determines whether the procedure used by the decision maker was fair, having regard to all of the circumstances including the nature of the substantive rights involved and the consequences for the individual [...] [23] Having found that the RAD erred in its treatment of the Applicant’s evidence is determinative, I will only deal with the first issue. [...] [42] Having determined that the RAD’s assessment of the Applicant’s evidence was unreasonable, it is unnecessary to deal with the remaining issues.
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1,006.
Canada (Citizenship and Immigration) v. Houchaine - 2014 FC 653 - 2014-07-03
Federal Court DecisionsIn the Written Representations of the Plaintiff, it is stated that “the costs set out in the Bill of Costs are fair and modest and properly reflect the complexity of the various litigation proceedings that took place and the factors set out under Rule 400(3) of the Federal Courts Rules”. [...] An award of party-and-party costs as between solicitor and client or on a solicitor-and-client basis is intended to be full indemnification to the beneficiary of such an award, excluding, however, costs not reasonably necessary to the full and fair prosecution or defence of the action. [...] [7] Dealing with an assessment of costs awarded by the Court on a solicitor and client basis, the assessment officer in Lominadze v. Canada [1998] F.C.J. No. 958 stated:
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1,007.
Jong v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1165 - 2002-11-13
Federal Court DecisionsThe applicant responded to the fairness letter by submitting additional medical information on January 8, 1998. [...] The applicant received the second "fairness letter" dated September 7, 1999, providing him with sixty days to respond to the reassessment of his daughter. [...] I intend, first, to deal with the applicant's submission that the respondent's conduct constitutes an abuse of process of this Court.
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1,008.
Ashiq v. Canada (Citizenship and Immigration) - 2024 FC 72 - 2024-01-17
Federal Court DecisionsThe central question for issues of procedural fairness is whether the procedure was fair having regard to all of the circumstances, including the factors enumerated in Baker v Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817 at paras 21-28 (Canadian Pacific Railway Company at para [...] This affects not only the Convention Refugees Abroad Class, but also the Country of Asylum Class – which deals with widespread human rights abuses and requires a consideration of country conditions. [...] However, since I have already made the finding that the Officer’s decision is unreasonable for the reasons stated, I will not deal with the Applicants’ other arguments, including on the other credibility findings or the breach of procedural fairness.
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1,009.
Balazuntharam v. Canada (Citizenship and Immigration) - 2015 FC 607 - 2015-05-08
Federal Court DecisionsAs I shall explain, the failure of the Delegate to consider this information - while no fault of her own - still contravened the Applicant’s rights to procedural fairness, particularly the right to a fair hearing. [...] [17] Having found a violation of procedural fairness, I must now address the second issue - should the decision be sent back to the same Delegate for reconsideration? [...] Reading a book is generally faster the second time around than the first, even if one has forgotten a good deal of what happened in the meantime.
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1,010.
Ahmed v. Canada (Citizenship and Immigration) - 2020 FC 791 - 2020-07-24
Federal Court Decisions[40] The Board, through the RPD, is mandated to consider questions of risk, as referenced in the Act, when dealing with a claim for protection. [...] There is no basis to find a breach of procedural fairness on this ground. [...] [72] In Ezokola, supra, the Court was dealing with the application of Article 1 F of the United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6.
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1,011.
Prinesdomu v. Teleglobe Canada Inc. - 1999-07-06
Federal Court Decisions[14] On December 17, 1996, the investigator issued his report to the CHRC and recommended that "the Commission not deal with the complaint". [...] After examining this information, the Commissioners decided not to deal with the complaint. [...] Pursuant to paragraph 41(d) of the Canadian Human Rights Act, the Commission has resolved not to deal further with the complaint because:
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1,012.
Babic v. Canada (Employment and Social Development) - 2016 FC 174 - 2016-02-09
Federal Court Decisionse) l’employeur embauchera ou formera des citoyens canadiens ou des résidents permanents, ou a fait ou accepté de faire des efforts raisonnables à cet effet; [...] More will be said in this respect when dealing with the third issue (extrinsic evidence) put forward by the Applicant. [...] It did not deal with the May 14, 2015 decision. A separate application could have been brought for review of that decision.
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1,013.
Canadian Human Rights Commission v. Canadian Broadcasting Corporation - 1996-10-04
Federal Court DecisionsThe CBC deserves to be treated and judged fairly as much as does the complainant. [...] The tribunal did not deny procedural fairness, nor did it breach any rule of procedural fairness, even if there had been no memorandum of agreement, made on September 14, 1993, above cited. [...] It is because Parliament enacted the one year datum as a substantive right of, or benefit to, those against whom complaints are made, but the Commission does not deal with complaints by dealing with anyone's substantive rights.
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1,014.
Re/MAX All-Stars Realty Inc. v. Financial Transactions and Reports Analysis Centre of Canada - 2022 FC 598 - 2022-04-25
Federal Court Decisions10. List of all closed deals in period of January 1, 2018 to June 30, 2018 [...] It is obvious from the description of these documents that they deal with the Appellant’s compliance with the Act. The missing documents were: [...] • 2) Did FINTRAC breach the Appellant’s right to procedural fairness?
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1,015.
Kinistin Saulteaux First Nation v. Choudhary - 2023 FC 258 - 2023-02-22
Federal Court DecisionsThe Applicant submits that the issue of procedural fairness is reviewed on a correctness standard. [...] In my view, the Commissioner’s decision is both reasonable and procedurally fair. [...] For these reasons, I find the Commissioner’s decision to be procedurally fair.
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1,016.
Canada (Attorney General) v. Yukon (Whitehorse International Airport) - 2006 FC 1326 - 2006-11-02
Federal Court Decisions[15] Under section 15(1) of the Transportation Appeal Tribunal of Canada Act, the Tribunal is not bound by any legal or technical rules of evidence and is directed to deal with its cases as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. [...] [19] With respect to the Appeal Panel’s procedural fairness ruling, no functional and pragmatic assessment is required. [...] [34] I agree with counsel for the Minister that the Appeal Panel based its fairness conclusion upon a presumption of prejudice.
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1,017.
Nahigombeye v. Canada (Citizenship and Immigration) - 2021 FC 1259 - 2021-11-18
Federal Court DecisionsDid the officer breach the principles of procedural fairness? B. Did the officer err in his analysis of the evidence of the applicants’ marriage? [...] . . . I expect you to finish processing my file as soon as possible, before the end of March, and to deal with this case of child or visa trafficking, which clearly reflects very badly on a service of the Canadian government. [...] [23] A close reading of the interview notes made in February 2020 demonstrates that the officer placed a great deal of weight on the 2016 visa application form in his assessment of Mr. Barutwanayo’s credibility and the genuineness of the marriage.
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1,018.
Canada (Citizenship and Immigration) v. Chung - 2018 FC 238 - 2018-03-02
Federal Court Decisions162 (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] [5] Following a procedural fairness letter and interview of Ms. Tran, the visa was denied because the officer was not satisfied as to the genuineness of the marriage. [...] In this regard, the Minister points to the fact that there were some unexplained financial dealings which could be challenged and therefore the absence of the Minister’s representation could have made a difference in the end result.
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1,019.
Bozsolik v. Canada (Citizenship and Immigration) - 2012 FC 432 - 2012-04-13
Federal Court Decisionsb. Did the Board breach the principles of procedural fairness by refusing to allow oral submissions? [...] COUNSEL FOR CLAIMANT: I think you’re making a mistake about the facts, why not deal with it now, you brought up --- [...] Very well, for the record, you brought up the PIF and now you won’t deal with the PIF and I think you’ve closed your mind to this issue.
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1,020.
Poon v. Canada - 2009 FC 432 - 2009-04-29
Federal Court DecisionsIt is a fairness program that is aimed at providing clients with an opportunity to correct past omissions, thus rendering themselves compliant. [...] By offering this opportunity for clients to self-correct, the program provides a greater level of fairness to all clients and stakeholders. [...] [26] The Director’s failure to deal with the second question in the Decision means that he has not adequately explained why he exercised his discretion to reject the Applicant’s Personal Disclosure.
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1,021.
Marte v. Canada (Citizenship and Immigration) - 2009 FC 155 - 2009-02-11
Federal Court Decisionsi. Did the immigration officer commit a breach of procedural fairness in ignoring material facts? [...] But, on the other hand, a breach of procedural fairness is cause to set the resultant decision aside, unless there is no possible way that another outcome could have been reached. [...] Finally, the applicant filed an application for permanent residence from within Canada on H & C grounds for which she was entitled to obtain at the very least a fair hearing.
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1,022.
Kasongo Sadi v. Canada (Human Rights Commission) - 2006 FC 1067 - 2006-09-08
Federal Court Decisions3. Did the Tribunal deny the applicant procedural fairness by displaying bias in making its decision? [...] Last, if the question is one of law, the Court dealing with an application for judicial review will accord no deference. [...] It ensured that the proceeding was fair and equitable for both parties, not just the applicant.
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1,023.
A. Lassonde Inc. v. Island Oasis Canada Inc. - 2000-02-11
Federal Court DecisionsThat kind of confusion, as we have said in other suits, leads to loss of "name" goodwill the loss of which in the normal course is a kind of damage which, when suffered by a commercial firm in the ordinary course, is fairly readily calculable and therefore can be fairly compensated for in damages. [...] The respondent filed many affidavits to the effect that it had acquired a reputation for honesty, integrity and fairness. [...] While the record contains some evidence of confusion, there is no specific evidence that such confusion had led any customer to stop dealing or to even consider not dealing with the respondent on future occasions.
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1,024.
Dulai v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 1164 - 2022-08-10
Federal Court Decisions[9] Reasons dealing with the SATA were also issued in July 2020 (Brar v Canada (Public Safety and Emergency Preparedness, 2020 FC 729 [Brar 2020]). [...] However, the Minister’s submissions supporting the argument that SATA proceedings are procedurally fair and consistent with sections 6 and 7 of the Charter are available in the decision dealing with constitutional questions, issued concurrently. [...] In the case at hand, a great deal of disclosed information relates to the grounds for the Minister’s delegate’s decision.
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1,025.
Samson First Nation v. Canada - 2015 FC 836 - 2015-07-09
Federal Court Decisions[101] Canada’s argument is fairly straightforward and can be summarized as follows: [...] I will deal with these grounds in turn. (2) T-2022-89 – Samson’s Position [...] [200] The evidentiary record tells me that this is not a case about fairness when it comes to limitations issues.