7,645 result(s)
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1,051.
Mazinani v. Canada (Citizenship and Immigration) - 2009 FC 1073 - 2009-10-23
Federal Court DecisionsInformation on record indicates that Iran has its problems dealing drugs in the country. [...] 3) Alleged errors of law and breaches of natural justice and procedural fairness [...] Only thereafter will an order giving effect to these reasons and dealing with the issue of certification of a question issue.
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1,052.
Canada (Attorney General) v. Sam Lévy et Associés Inc. - 2005 FC 208 - 2005-02-10
Federal Court Decisionsa) peut faire prêter serment; (b) is not bound by any legal or technical rules of evidence in conducting the hearing; [...] b) n'est lié par aucune règle juridique ou procédurale en matière de preuve;(c) shall deal with the matters set out in the notice of the hearing as informally and expeditiously as the circumstances and a consideration of fairness permit; and [...] [26] The respondents argue that in paragraph 14.02(2)(c) of the Act, the words "shall deal with the matters set out..." explicitly give the Delegate the power to stay the disciplinary hearing.
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1,053.
Douglas v. Canada (Attorney General) - 2014 FC 299 - 2014-03-28
Federal Court DecisionsThe question is whether the Court should deal with it prior to the completion of the inquiry proceedings which may yet find in favour of the applicant. [...] Procedures for Dealing with Complaints made to the Canadian Judicial Council about Federally Appointed Judges, Complaints Procedures” [...] The Chair or a Vice-Chair shall not deal with a file involving a judge of their court.
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1,054.
Asia Ocean Services, Inc. (UPS Asia Group Pte Ltd) v. Belair Fabrication Ltd - 2015 FC 1141 - 2015-10-06
Federal Court Decisions[38] Those “essential differences,” although extremely important, are focused upon two fairly narrow assertions that Belair makes: [...] [47] I have come to the conclusion that it is possible to deal with this matter summarily. [...] In my view, this dispute can be fairly adjudicated in a timely, affordable and proportionate manner without the need to resort to a full trial.
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1,055.
Desfossés v. Rock - 1996-10-16
Federal Court DecisionsThere is a fair assumption that the requesting state, the United States, which has a democratic legal system and basic human values somewhat similar to ours, will hold a fair trial and that applicant's counsel will be given full opportunity to cross-examine Mr. Quitoni (cross-examination of affiants is not allowed at [...] The capias is not an essential ingredient under the Treaty and it was not the Minister's responsibility to deal with it. [...] As mentioned earlier, the letter deals mostly with the second capias and also seeks a personal meeting with the Minister.
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1,056.
Shire v. Canada (Citizenship and Immigration) - 2014 FC 795 - 2014-08-12
Federal Court Decisions(a) breach the duty of fairness owed to the Applicant or (b) make the decision unreasonable? [...] The section of the report dealing with Diaspora returning from abroad contains information from various sources indicating that many people have returned. [...] However, this portion of the report does not deal with returnees and nowhere does it state that returnees are targeted because of their perceived wealth.
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1,057.
Anderson v. Nekaneet First Nation - 2021 FC 843 - 2021-09-02
Federal Court Decisions[21] Subsequent to applying for judicial review, the Applicant sought information from Mr. Hill relating to his business dealings with Nekaneet. [...] [26] The third issue deals with the merits of the Decision and is reviewable on the reasonableness standard. [...] [28] The second issue, dealing with procedural fairness, attracts a correctness standard of review (Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at paras 49-56; Khela v Mission Institution, 2014 SCC 24 at para 79).
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1,058.
Dulai v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 933 - 2021-10-05
Federal Court DecisionsIn order to ensure a fair judicial process for the Appellant during the ex parte, in camera proceedings, I have appointed two (2) amici curiae, Mr. Colin Baxter and Mr. Gib van Ert [Amici]. [...] Only then will the designated judge have the necessary facts and law to render a fair decision. [...] When dealing with a Canadian agency, the same concerns exist subject to proper adaptation in accordance with existing policies.
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1,059.
Canada (Attorney General) v. Sasvari - 2005 FC 1021 - 2005-07-25
Federal Court Decisions[56] I propose to deal first with the argument that the applicant is not a service provider. [...] [61] When the Commission decided to deal with the respondent's complaint, it decided that it had jurisdiction to deal with the complaint. [...] [65] Due to my finding on this issue, I need not deal with the other issues in this case.
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1,060.
Jones v. Canada (Citizenship and Immigration) - 2022 FC 655 - 2022-05-04
Federal Court Decisions[19] Ms. Jones challenges both the substance of the decision and the fairness of the procedure followed by the Officer. [...] The burden is on Ms. Jones to demonstrate that the requirements of procedural fairness were not met. [...] In my view, the requirements of procedural fairness were not breached in either respect.
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1,061.
Canada (Attorney General) v. Momin Khawaja - 2007 FC 463 - 2007-04-30
Federal Court DecisionsIndeed in most cases it makes sense that the judge seized of the matter deal with any constitutional issues in the course of the proceedings, even where evidence may already have been heard ex parte on the merits. [...] Il peut en faire de même pour les personnes qu’il entend en application de l’alinéa 38.04(5)d). [...] [41] An additional procedural safeguard to protect the right of the accused to a fair trial is set out in section 38.14.
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1,062.
Lill v. Canada (Attorney General) - 2020 FC 551 - 2020-04-24
Federal Court DecisionsSimilarly, rules 234 to 248, which deal with examinations for discovery, may lead to orders for disclosure of documents following an examination. [...] [72] The duty to act fairly does not relate to the merits or content of a decision rendered, but rather to the process followed. [...] At no time does Justice Martineau deal with events that may have occurred following Mr. Lill’s transfer in late November 2011.
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1,063.
E. Mishan & Sons. v. Supertek Canada Inc. - 2016 FC 613 - 2016-06-03
Federal Court Decisions[46] In this case, the Court is dealing with subsection 7(a) of the Trademarks Act, RSC 1985, c. T-13 which provides: [...] The Unfair Competition Act was a statutory code to provide for fair dealing in trade. [...] [57] First, I will deal with the decisions of the French and Netherlands Courts.
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1,064.
Duversin v. Canada (Citizenship and Immigration) - 2018 FC 466 - 2018-05-01
Federal Court DecisionsThey allege that this amounts to a breach by the RPD of its duty to act fairly. [...] [27] In my view, there was no breach of the principles of procedural fairness. [...] They merely dictate the attitude and open‑mindedness that immigration officers must demonstrate when dealing with such allegations of persecution.
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1,065.
Andryanov v. Canada (Citizenship and Immigration) - 2007 FC 186 - 2007-02-20
Federal Court DecisionsFor example, in Chapter 5: Immigrant Applications in Canada made on Humanitarian and Compassionate Grounds (IP5), the manual deals with the waiver of the passport requirement. [...] 1) Did the Immigration Officer breach the duty of procedural fairness by failing to provide adequate reasons? [...] A comparison with case law dealing with subsection 46.04(8) of the former Immigration Act, R.S.C. 1985, c.I-2 [Immigration Act] is instructive in both regards.
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1,066.
Annor v. Canada (Citizenship and Immigration) - 2007 FC 140 - 2007-02-07
Federal Court Decisions(1) Was it a violation of procedural fairness in this case to have five members of the IRB hear the case at different times? [...] [15] In any case, the applicant did not identify any prejudice able to justify a procedural fairness argument. [...] [18] In this case, member Ross considered a good deal of evidence, including the evidence from the applicant and her daughter.
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1,067.
S.L. v. Canada (Attorney General) - 2017 FC 1130 - 2017-12-08
Federal Court Decisions[16] After being notified of the complaint, CIC initially raised objections to the Commission dealing with the complaint because the Officer’s decision was before the Immigration Appeal Division [IAD] of the Immigration and Refugee Board. [...] [19] The presiding judge determined that the unrepresented Applicant was denied procedural fairness because the CIC did not respond appropriately to the Applicant’s inquiries. [...] A. Procedural Fairness [28] As noted, the Applicant abandoned his procedural fairness arguments, with good reason in the Court’s opinion.
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1,068.
Wong v. Canada (Public Works and Government Services) - 2017 FC 633 - 2017-06-29
Federal Court DecisionsInitially, the Commission declined to deal with the complaint on the ground that the Applicant had grievance procedures available to her before turning to the Commission. [...] On August 7, 2013, the Commission agreed to deal with the Applicant’s complaint and, as empowered by paragraph 43(1) of the Act, assigned an investigator to the file [the Investigator]. [...] not believe that the Investigator’s decision to only interview two of the Applicant’s seven witnesses, in the absence of arguments indicating the “crucial” nature of those witnesses’ evidence or the Applicant’s inability to deal with that evidence in her responding submissions, amounts to a breach of procedural fairness.
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1,069.
Canada (Attorney General) v. Sam Lévy et Associés Inc. - 2005 FC 171 - 2005-02-03
Federal Court DecisionsThis being said, the statutory provisions at issue provide that the tribunal is not bound by any legal or technical rules of evidence in conducting the hearing, and that it shall deal with the matters set out in the notice of the hearing as informally and expeditiously as the circumstances and a consideration of fairness [...] a) peut faire prêter serment; (b) is not bound by any legal or technical rules of evidence in conducting the hearing; [...] (c) shall deal with the matters set out in the notice of the hearing as informally and expeditiously as the circumstances and a consideration of fairness permit; and
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1,070.
Quan v. Canada (Citizenship and Immigration) - 2022 FC 576 - 2022-04-22
Federal Court DecisionsFurthermore, in all respects, the Officer met the procedural fairness requirements in dealing with Ms. Quan’s application. [...] No deference is owed to the decision maker on issues of procedural fairness. [...] Furthermore, in all respects, the Officer met the applicable procedural fairness requirements in dealing with Ms. Quan’s application.
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1,071.
Mamut v. Canada (Citizenship and Immigration) - 2024 FC 536 - 2024-04-05
Federal Court DecisionsUnder IRPA section 87.1, the question to be answered is whether “considerations of fairness and natural justice require that a special advocate be appointed to protect the interests” of the applicants in any closed proceeding, including any closed proceeding dealing with the Minister’s objections to disclosure under IRPA [...] [32] The fact that the underlying proceedings are judicial rather than administrative does not necessarily entitle the applicants to a higher degree of procedural fairness than would be the case before an administrative decision maker dealing with the underlying matters – namely, the applications for permanent residence. [...] I also find that disclosure of the summary is warranted in the interests of fairness to Mr. Abdulahad.
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1,072.
Skinner v. Canada (Attorney General) - 2016 FC 57 - 2016-01-19
Federal Court Decisions3. denied procedural fairness in refusing to comply with sections 40 to 44 of the CCRA; [...] C. Was there any breach of procedural fairness in the Assistant Commissioner’s Decision? [...] Nor has the Applicant identified any problem with the relevant Regulations which deal with grievance procedures.
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1,073.
Quele v. Canada (Citizenship and Immigration) - 2022 FC 108 - 2022-02-04
Federal Court DecisionsGiven this conclusion, I do not have to deal with Ms. Quele’s other arguments challenging the reasonableness of the Decision. [...] [19] I share Ms. Quele’s view that the RAD failed to deal reasonably with the Guidelines in its Decision. [...] It is true, as the Minister’s counsel noted, that the RAD went through the evidence of Ms. Quele’s date errors and took care to deal with them in detail.
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1,074.
Fomenky v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 1160 - 2018-11-16
Federal Court DecisionsIt was alleged that, in the course of his dealings with them, the applicant provided police with several false identities before finally disclosing his true identity. [...] This requires considering the fairness of the original proceeding and, even where the prior proceeding was conducted fairly and properly having regard to its purpose, whether it may nonetheless be unfair to use the results of that process to preclude the subsequent claim (Penner v Niagara (Regional Police Services Board), [...] A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void.
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1,075.
Canadian Copyright Licensing Agency v. Business Depot Ltd. - 2008 FC 737 - 2008-06-13
Federal Court Decisionscopyright in a particular work or have the permission of the copyright owner to copy the work, that it is not necessary to have a license from Access Copyright to offer photocopying services to the public, and that any copying by Business Depot customers constituted fair dealing pursuant to section 29 of the Copyright Act. [...] [11] Finally, the Prothonotary also came to the conclusion that the press release did not amount to a threat to revert to the legal access directed to third persons dealing with the defendant’s product. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les marchandises ou les services d’un concurrent;