7,645 result(s)
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1,026.
Canada (Attorney General) v. Pentney - 2008 FC 96 - 2008-01-25
Federal Court DecisionsI will say more about this confusion in these reasons when I deal with the collateral attack issue. [...] This Court is not dealing with the merits of his decision but whether his has exercised his discretion by taking into account relevant considerations. [...] • The Review Tribunal is the first tribunal dealing with appellants.
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1,027.
Domtar Inc. v. Canada - 2008 FC 1057 - 2008-09-18
Federal Court Decisions• [31] Section 41 of the Act also deals with refunds and provides as follows: [...] Section 18 of the SLPECA is ultra vires section 91 of the Constitution Act, 1867, as it deals with matters assigned solely to provincial jurisdiction. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or
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1,028.
Adekanmi v. Canada (Citizenship and Immigration) - 2021 FC 283 - 2021-04-07
Federal Court Decisions• c) Did the RAD reasonably determine that the failure on the part of the RPD to respect procedural fairness was corrected on appeal to the RAD? [...] [45] In addition, Mr. Adekanmi argues that the concerns expressed in the RIR deal with affidavits where the individual confirms that he is gay. [...] C. Did the RAD unreasonably conclude that the RPD did not breach Mr. Adekanmi’s right to procedural fairness?
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1,029.
Dimo v. Canada (Citizenship and Immigration) - 2018 FC 173 - 2018-02-14
Federal Court DecisionsA. Procedural Fairness Issue [41] The Applicants allege that the panel breached procedural fairness by failing to put two perceived inconsistencies to Mr. Dimo during the hearing thereby depriving him of the ability to provide an explanation for those concerns. [...] A. Was the Hearing Procedurally Fair? (1) Death of Mr. Dimo’s Brother [...] The panel makes note of both this fact and that Mr. Dimo said that they had some knowledge on their own about the person he was dealing with at the time.
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1,030.
DBC Marine Safety Systems Ltd v. Canadian Patents (Commissioner) - 2007 FC 1142 - 2007-11-05
Federal Court DecisionsI will deal with these interpretation questions briefly in addressing the key issues. [...] [27] Pfizer was followed in Hoffman-LaRoche and Eiba, above, also cases dealing with the failure to pay fees. [...] [42] Finally, the applicant alleges that the Commissioner breached her duty of procedural fairness in dealing with this patent application, both in failing to follow its own guidelines and in failing to provide a reasonable notice period for the applicant to resolve the problem.
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1,031.
Aslani v. Canada (Minister of Citizenship and Immigration) - 2006 FC 351 - 2006-03-20
Federal Court DecisionsWe are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] f) le fait qu’elle veut faire comparaître le témoin par vidéoconférence ou par téléphone, le cas échéant. [...] Since the Iranian witnesses will testify in Farsi, how will the Court deal with the taking of evidence in Iran?
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1,032.
Angell v. Canada (Minister of National Revenue) - 2005 FC 782 - 2005-05-31
Federal Court Decisions[7] The applicants describe the situation as a grave and serious breach of procedural fairness. [...] 12. The Income Tax Act does not stipulate any consequence for a failure on the part of the Minister to deal with a notice of objection with all due dispatch. [...] There is judicial review to the Federal Court from the Minister's decision on the fairness appeal;
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1,033.
Alexander v. Canada (Citizenship and Immigration) - 2021 FC 762 - 2021-07-20
Federal Court Decisions• (b) Did the Officer breach the requirements of procedural fairness by not convening a hearing? [...] B. Did the Officer breach the requirements of procedural fairness by not convening a hearing? [...] Doing so did not trigger the right to a hearing as a matter of procedural fairness.
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1,034.
Halder v. Canada (Citizenship and Immigration) - 2012 FC 1346 - 2012-11-21
Federal Court DecisionsThis means there was no breach of procedural fairness when the Officer did not ask the Applicant, for a third time, to supply the missing documents. [...] While the Court has a great deal of sympathy for the fact that a negative decision could mean that the Applicant might not be able to come to Canada, the Court clearly has no general discretion to disregard established precedent on this basis. [...] Thus, there has been no breach of procedural fairness in this case. As the issue of whether the Officer ignored evidence is necessarily intertwined with the procedural fairness issue, I also find that the Decision was reasonable.
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1,035.
Dan v. Canada (Citizenship and Immigration) - 2009 FC 103 - 2009-01-30
Federal Court DecisionsMoreover, the submissions made by the applicant deal almost exclusively with the same factors that had already been considered on the visa officer’s own initiative. [...] [51] The respondent claims that the officer did not deny the applicant procedural fairness. [...] [66] As mentioned by the applicant, Baker, above, and Pushpanathan, above, deal with the standard of review of both questions in my analysis.
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1,036.
Musqueam Indian Band v. Glass - 1997-10-10
Federal Court DecisionsThis sum is to be regarded as a "fair rent" as that term is used in subsection 2(2). [...] A. During the early nineties articles in the newspaper or on radio were quite common dealing with that type of thing. [...] A. I think that's a pretty fair statement. Q. I think it's a quote -- from you.
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1,037.
Canadian Private Copying Collective v. Amico Imaging Services Inc. - 2005 FC 1228 - 2005-09-07
Federal Court Decisions[9] The action itself is for the recovery of private copying levies imposed under the fairly recent provisions of the Copyright Act, R.S.C. 1985, c. C-42 amended in 1997. [...] [10] The action is in a very advanced stage, at this point, and should be fairly shortly ready for trial. [...] [12] I will not deal, for the reasons already stated, with those parts of the motion which deal with the reasons for wanting to implead Mr. Young.
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1,038.
Desrosiers v. Canada (Attorney General) - 2004 FC 1601 - 2004-11-16
Federal Court DecisionsLa Commission peut réviser les qualifications établies par un administrateur général pour les nominations à tel poste ou telle catégorie de postes afin de faire en sorte que ces qualifications satisfassent au principe de la sélection au mérite. [...] 158. ...the comprehensive nature of the scheme does not in itself establish a sufficiently clear legislative intention that it is exclusive as to warrant the Court's omitting to consider the fairness of the statutory process. [...] The issue was whether certain Workers' Compensation programs dealing with chronic pain violated section 15(1) of the Charter.
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1,039.
Groupe Maison Candiac Inc. v. Canada (Attorney General) - 2023 FC 1720 - 2023-12-19
Federal Court DecisionsThis risk was hardly conceivable since it is so inconsistent with Canadian notions of ‘fair dealing.’” [...] The Federal Court of Appeal concluded that this risk was hardly conceivable since it is highly inconsistent with the notions of fair dealing: [...] This risk was hardly conceivable since it is so inconsistent with Canadian notions of “fair dealing.”
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1,040.
Aloulou v. Canada (Citizenship and Immigration) - 2014 FC 1236 - 2014-12-19
Federal Court DecisionsBecause the rule against bias of decision-makers is a component of procedural fairness, I must examine the RAD’s decision in that respect on a standard of correctness. [...] It is also interesting to note that it continued by pointing out that it and the RPD both, in their respective roles, have to deal with whether or not to grant refugee protection to people who ask for it within a legislative scheme that governs them both and whose objectives include establishing fair and efficient [...] b. they both deal with proceedings as informally and quickly as the circumstances and the consideration of fairness and natural justice permit (section 162(2));
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1,041.
Alliance Pipeline Ltd. v. Bokenfohr - 2003 FCT 641 - 2003-05-23
Federal Court Decisionsd) un exposé des formalités destinées à faire approuver le tracé détaillé du pipeline; [...] This, in Alliance's view, makes their approach more suitable than the pattern of dealings approach adopted by the Committee. [...] The pattern of dealings approach ignores the inherent value of the lands being traversed.
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1,042.
John v. Canada (Citizenship and Immigration) - 2016 FC 572 - 2016-05-25
Federal Court DecisionsLikewise, I see little excuse for the failure of Legal Aid Committees to deal with applications promptly. [...] Justice Mahoney did refer to a requirement for a “fairly arguable” case but did not define that phrase nor provide any analysis of what would be considered “fairly arguable”. [...] Fairness and access to justice should be the goal. ORDER THIS COURT ORDERS that:
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1,043.
Asphalte ABC Rive-Nord Inc. v. Canada (Attorney General) - 2013 FC 1287 - 2013-12-24
Federal Court Decisions[54] The applicant made much of the obligation to treat bidders fairly and therefore to accept only compliant offers. [...] Apart from the Martel Building decision, above, which the applicant claims deals with facts that are quite different from the facts in this case, there can be no doubt that these principles of fairness apply. [...] But the bidders were treated fairly. [55] The applicant agrees that a minor irregularity can be ignored.
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1,044.
Fournier v. Canada - 2000-08-30
Federal Court DecisionsAs the plaintiff withdrew this point in this Court, I see no need to deal with it. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] 4(2) La sélection visée au paragraphe 10(2) de la Loi peut se faire dans l'une ou l'autre des circonstances suivantes :
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1,045.
McCurvie v. Canada (Citizenship and Immigration) - 2013 FC 681 - 2013-06-18
Federal Court DecisionsProcedural Fairness [44] The Respondent says that the Applicant is attempting to manufacture a breach of procedural fairness by taking portions of the transcript out of proper context. [...] The Applicant further submits that the Respondent has failed to deal with the factual distinctions between the cases cited and the case of the Applicant. [...] Different IAD panels were dealing with different removal orders, different evidence and different criminal convictions.
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1,046.
Canada (Citizenship and Immigration) v. Torres Pantoja - 2024 FC 993 - 2024-06-26
Federal Court Decisions[12] I agree with the line of cases that interpret s. 111(2) of the IRPA in a consistent manner with the role of the RAD as an appellate administrative tribunal where it needs to be decisive, fair and efficient. [...] [14] Even if one interprets the RAD’s comments on the unresolved credibility issues raised by the Minister before the RPD as an implied error, it is still hard to understand why the RAD, whose role as an appellant body is to hear the appeal, did not deal with it more decisively. [...] [16] The Respondent argued that it appears that the RAD member found their arguments on the unavailability of IFA convincing, but chose not to deal with it because the Minister was a party, and that the RAD member had probably wished no to render an unfavourable decision to them.
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1,047.
Rezko v. Canada (Citizenship and Immigration) - 2015 FC 6 - 2015-01-05
Federal Court DecisionsAccordingly, the Court is unable to find that the former counsel’s actions resulted in a breach of procedural fairness that would justify setting aside the impugned decision. [...] [10] The applicants also submit that they designated Mr. Raed Makho [consultant] to represent them in dealings with CIC regarding the PRRA application (see forms IMM 5476 dated February 18, 2013). [...] The fact that the applicants instructed Mr. Desmarais to represent them in this Court does not imply that the applicants had also instructed him to represent them in dealings with the CIC.
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1,048.
Anwer v. Canada (Minister of Citizenship and Immigration) - 2000-07-19
Federal Court DecisionsI did not award the Applicant any points for personal suitability as I believe that this 50 year old Applicant with dated experience will have a great deal of difficulty in landing a job in his intended occupation. [...] 3. The officer breached a duty of fairness in failing to communicate his concerns with respect to the applicant"s training and capabilities so as to allow Mr. Anwer the opportunity to disabuse him of those views; and [...] [11] Accordingly, I cannot find on the record evidence of any breach of the duty of fairness.
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1,049.
Kifoueti v. Canada (Minister of Citizenship and Immigration) - 1999-02-11
Federal Court Decisions[12] My brother Mr. Justice Gibson had occasion to deal with a similar case in Vodopianov.3 [...] 68. (2) The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] [20] Thus the Refugee Division must proceed expeditiously and, having regard to the circumstances, act fairly.
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1,050.
Hassouna v. Canada (Citizenship and Immigration) - 2017 FC 473 - 2017-05-10
Federal Court DecisionsThe relevant facts will be addressed only if necessary to deal with a common issue. [...] The impugned provisions deal strictly with the revocation of citizenship. [...] 8. Shocks the general conscience or is intolerable in fundamental fairness; and