7,645 result(s)
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1,076.
Canada (Minister of Citizenship and Immigration) v. Wahab - 2006 FC 1554 - 2006-12-22
Federal Court DecisionsThe Court will set aside the decision if the RPD breached its duty to act fairly (Canada (AG) v. Sketchley 2005 FCA 404). [...] [28] The Court must also carefully consider the other case law dealing with the former sections 62.2(2) and 62.3(5) and other aspects of the process they involved. [...] Why else would it only refer to a prima facie case and only deal with this issue under “Step Two”?
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1,077.
Elkayam v. Canada (Attorney General) - 2004 FC 909 - 2004-06-25
Federal Court Decisions[18] As required by the rules of procedural fairness, the investigation report of June 11, 2001, was given to the parties for comment. [...] He is accusing the Department of not having acted effectively to deal with the harassment to which he says he was subjected. [...] [37] I will deal briefly with the other points made by the applicant.
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1,078.
Brain Tumor Foundation of Canada v. Starlight Foundation - 1999-12-07
Federal Court Decisions(7) Il est fourni, de la manière prescrite, à l'opposant et au requérant l'occasion de soumettre la preuve sur laquelle ils s'appuient et de se faire entendre par le registraire, sauf dans les cas suivants_: [...] (7.1) Si, dans les circonstances prescrites, l'opposant omet de soumettre la preuve visée au paragraphe (7) ou une déclaration énonçant son désir de ne pas le faire, l'opposition est réputée retirée. [...] Consistent with his general authority to deal with all motions except those expressly excluded by Rule 50(1), in my opinion, it was not beyond that authority for the Prothonotary to deal with the motion in this case.
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1,079.
Girouard v. Canada (Attorney General) - 2018 FC 865 - 2018-08-29
Federal Court Decisions(2) Analysis of sections dealing with “inquiries concerning judges” in the JA 61 [...] [77] Part III of the JA deals with the administration of federal judicial affairs. [...] (2) Analysis of sections dealing with “inquiries concerning judges” in the JA
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1,080.
Zazula v. Canada (Attorney General) - 2022 FC 1156 - 2022-08-02
Federal Court DecisionsHe argued that the CRA must administer the Income Tax Act, RSC 1985, c 1 (5th Supp) [ITA] fairly and reasonably. [...] 8. The term fair market value (FMV) is applicable to TSFA please give examples of its application to all TFSA situations. [...] I find it was not unreasonable for the Officer to answer or deal with big picture legislative change questions or inquires in the TFSA relief decision before the Court.
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1,081.
Girard v. Canada (Human Resources and Skills Development) - 2013 FC 489 - 2013-05-09
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] [18] There is no doubt that grievors are entitled to some degree of procedural fairness: see Hagel, above, at paras 34-35. [...] Accordingly, the Court’s intervention is unwarranted since there was no breach of the principles of procedural fairness.
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1,082.
Nadarajah v. Canada (Solicitor General) - 2005 FC 713 - 2005-05-20
Federal Court DecisionsIt was therefore not necessary to deal with acts committed or danger posed to the security of Canada. [...] BREACH OF PROCEDURAL FAIRNESS [17] Mr. Nadarajah claims that the ministerial delegate breached the duty of fairness by relying on the Thampibillai decision, supra, without giving him an opportunity to respond. [...] [26] The ministerial delegate paid lip service to the "many differences in the circumstances between that case and Mr. Nadarajah's case", but did not deal with them.
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1,083.
Clark v. Canada (Attorney General) - 2007 FC 9 - 2007-01-05
Federal Court Decisions[22] The Respondent takes the position that, unless the Court is asked to deal with some issue of procedural fairness, bias or jurisdictional error in relation to a decision under review (and no evidence or argument is advanced in the present case for any such error), any materials before the Court that were not part of the [...] [70] The Federal Court of Appeal in Sketchley made a number of points that are helpful in dealing with this factor in the present case. [...] [137] As noted above, the threshold for referring a complaint for full consideration before the Tribunal is fairly low.
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1,084.
Longboat v. Canada (Attorney General) - 2013 FC 1168 - 2013-11-18
Federal Court DecisionsTo do so he needed support, assistance and time from the Minister and needed to be accorded procedural fairness. [...] Chapter Seven deals with the removal of an administrator for cause. It sets out the Department’s quasi judicial role and the steps to follow if a complaint is received. [...] [54] In these circumstances, I find the Appellant has been treated fairly by the Minister.
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1,085.
Paramasivam v. Canada (Citizenship and Immigration) - 2010 FC 811 - 2010-08-09
Federal Court Decisions3. Were the reasons given sufficient to satisfy the requirement of procedural fairness? [...] [13] Questions of procedural fairness are reviewed on a standard of correctness. [...] [51] The Applicant has also raised procedural fairness issues but, given my conclusions on the Officer’s handling of the evidence, it is not necessary for me to deal with additional grounds.
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1,086.
Lau v. Canada (Citizenship and Immigration) - 2009 FC 1089 - 2009-10-26
Federal Court Decisions[5] Section 22 of the Divorce Act[3] deals with recognition in Canada of foreign divorces. [...] Sivasamboo v. Canada (Minister of Citizenship and Immigration), ... held that the IRB is a specialized body dealing with a highly complex factual and regulatory context in which its decisions are made ... . [...] Fairness and Harmony With Canadian Public Policy [18] In Castel & Walker[8], the learned authors wrote:
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1,087.
Bema v. Canada (Citizenship and Immigration) - 2007 FC 845 - 2007-08-22
Federal Court Decisions3) Did the Board violate the applicant’s right to procedural fairness through its failure to follow the Chairperson’s Guideline respecting unaccompanied minor refugee claimants? [...] 3) Did the Board violate the applicant’s right to procedural fairness through its failure to follow the Chairperson’s Guideline respecting unaccompanied minor refugee claimants? [...] [24] First, it must be kept in mind that the Board was not dealing with a young child or a young teenager, but someone who arrived and claimed refugee protection in Canada just 4 months shy of his 18th birthday.
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1,088.
Stemmler v. Canada (Attorney General) - 2016 FC 1299 - 2016-11-24
Federal Court DecisionsHe argues that, in his Decision, the CDS failed to deal with one of the specific remedies he was seeking, namely that the expiry of his POR in the CAF be restored to January 11, 2013. [...] However, he added that the process must be procedurally fair and include the member’s perspective before a decision to change the terms of service is made. [...] And the de novo examination of Cpl. Stemmler’s case by the CDS cured any procedural fairness concerns.
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1,089.
Lawton v. Canada (National Revenue) - 2012 FC 1074 - 2012-09-11
Federal Court DecisionsI think I was very fair and again if she can get an extension from PSC I would have no trouble extending, but I understand she has run out of work with them? [...] (2) No collective agreement may deal with matters governed by the staffing program. [...] ▪ there is a high duty of fairness required ▪ factual findings are to be determined on a standard of reasonableness with a low level of deference
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1,090.
Latimer v. Canada (Attorney General) - 2010 FC 806 - 2010-08-05
Federal Court DecisionsAs discussed earlier, his arguments raise questions of procedural fairness and the unlawful fettering of discretion. [...] [36] Chapter 4.1 of the Policy Manual deals with “expanded periods of leave” and is the provision at the heart of this proceeding. [...] L’octroi de privilèges de sortie supplémentaires ne peut se faire sans l’approbation écrite de la Commission.
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1,091.
Palonek v. Canada (Minister of National Revenue) - 2006 FC 494 - 2006-04-18
Federal Court Decisions[74] However, to the extent that Mr. Palonek argues that he was treated unfairly by the Agency in relation to his voluntary disclosure, the question for the Court is whether or not the Agency satisfied the requirements of procedural fairness in its dealings with Mr. Palonek. [...] [90] The document relied on by Mr. Palonek is dated July 25, 2003, that is, well after Mr. Palonek's dealings with Mr. McDermott. [...] [119] To the extent that this is Mr. Palonek's concern, I have already addressed this issue in the section of this decision dealing with the alleged violations of his Charter rights.
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1,092.
Patel v. Canada (Citizenship and Immigration) - 2017 FC 401 - 2017-04-24
Federal Court DecisionsThe GCMS notes also indicated that a procedural fairness letter had been sent and three responses were received, two of which requested an extension of the deadline for a response to the procedural fairness letter. [...] (2) Procedural Fairness [33] The Applicant cites several cases dealing with the principle of participatory rights as a principle of natural justice. [...] C. Procedural Fairness [87] The Applicant also says that the Visa Officer breached the principles of natural justice and fairness by failing to provide him with a further opportunity to provide further materials and arguments in response to “CIC’s putative allegations.”
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1,093.
Hnatusko v. Canada (Citizenship and Immigration) - 2010 FC 19 - 2010-01-07
Federal Court Decisions2. Did the officer commit a reviewable error by failing to discuss or refer to the specific sections of the CIC Manual dealing with family violence and the Gender Guidelines? [...] The applicants’ reliance on IP-5, 13.10, which deals with family violence, is also misplaced. [...] Did the officer commit a reviewable error by failing to discuss or refer to the specific sections of the CIC Manual dealing with family violence and the Gender Guidelines?
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1,094.
Harkat (Re) - 2003 FCT 285 - 2003-03-07
Federal Court Decisionsa. A list of all names of individuals and their notes who had direct or indirect dealings with Harkat who work directly for or on behalf of CSIS or any other intelligence agency; [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu'ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d'autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l'affaire;
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1,095.
Warman v. Canada (Human Rights Commission) - 2010 FC 680 - 2010-06-22
Federal Court DecisionsAttached to the affidavits is a great deal of material of the nature found by the Tribunal to comprise hate literature within the meaning of Section 13(1) of the Act. [...] Certainly, a great deal, if not all, of the material exhibited prima facie falls within paragraphs 93 and 140 of the Tribunal’s reasons for decision which read: [...] The Act, as originally enacted, did not explicitly deal with the Internet.
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1,096.
Brzezinska v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1182 - 2006-10-04
Federal Court Decisions[6] As a result, the PRRA process engaged by the Applicants called upon the PRRA Officer to fairly deal with the evidence and argument presented; that is, to make specific determinations as to whether, simply because of their Romany ethnicity, the Applicants would suffer more than a mere possibility of persecution and, on a [...] In the result, it is clear that the obligation to deal with the evidence and argument was not met. [...] [11] I find that the void found in the PRAA Officer’s decisions can be fairly characterized as a denial of natural justice; the Applicants were entitled to a reasoned decision on state protection on the evidence which they advanced, and which they did not receive.
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1,097.
Cohen v. Canada (Attorney General) - 2006 FC 608 - 2006-05-17
Federal Court DecisionsThe Public Service Commission in a letter dated July 5, 2005 took the position that the Commission should not deal with the complaint of May 9, 2005. [...] [3] The Applicant says that he is entitled to a duty of fairness, a right of “audi alterem partem” so that his side of the story may be heard. [...] In conducting itself in this fashion, the Commission breached a basic principle of procedural fairness and acted unfairly.
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1,098.
Pengelly v. Canada (Attorney General) - 2005 FC 693 - 2005-05-13
Federal Court Decisions[2] Until fairly recently, inmates were authorized to have approved personal computers. [...] CSC's resources are limited, and they are better able to deal with this reduced number. [...] Here we are dealing with security matters, as Mr. Montminy has explained in his affidavit.
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1,099.
Tshimanga v. Canada (Citizenship and Immigration) - 2014 FC 137 - 2014-02-10
Federal Court DecisionsHe alleges that unreasonable delay is not relevant since the admissibility hearing did not deal with the March 13, 2012, report but with the report dated March 15, 2012. [...] [64] Lastly, regarding Mr. Tshimanga’s argument that the ID violated procedural fairness, by relying on evidence that was unrelated to the subject of the hearing even though the Member assured counsel for Mr. Tshimanga to the contrary, we will deal with this at paragraph 75 of this decision. [...] [72] The Court also notes that, contrary to Mr. Tshimanga’s claims, the decision in Ishaku, above, deals with the MLC’s objective to subvert the government of the DRC by force.
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1,100.
King v. Canada (Attorney General) - 2001 FCT 1407 - 2001-12-20
Federal Court DecisionsWas this fair? In lieu of these and other incidents, it is incumbent on all employees to protect themselves while performing their duties. [...] She conducted a 12 day hearing between October 1998 and November 1999 to deal with the Applicant's grievances and his complaint. [...] Unfortunately, her Decision did not deal with her conclusions about the Applicant's intention or about the meaning of output in the customs context.