7,644 result(s)
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151.
Zlobinski v. Canada (Citizenship and Immigration) - 2007 FC 305 - 2007-03-23
Federal Court Decisions[2] While the applicant raises three issues, I find it necessary to deal only with one: [...] Mancia instructs us that where the undisclosed evidence is determinative of the decision, the principles of fairness require that the applicant be informed of this and be invited to make submissions accordingly. [...] It deals with the 2005 situation in Ukraine, which is the year that the applicant made his application.
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152.
Yu v. Canada (Attorney General) - 2012 FC 970 - 2012-08-07
Federal Court Decisions1. Did the Respondent breach the requirements of procedural fairness? [...] Issue 1 Did the Respondent breach the requirements of procedural fairness? [...] CD685-5 Deals with the management of seized items. CD 081 Deals with offender complaints and grievances.
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153.
I.P.P. v. Canada (Citizenship and Immigration) - 2018 FC 123 - 2018-04-03
Federal Court Decisions[99] Procedural fairness requires a fair hearing, but does not require a perfect or the most favourable process. [...] I will deal with each of these grounds of complaint in turn. B. Reasonableness [...] [227] As I have set out above, the Member also deals with interruptions as follows:
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154.
A.B. v. Canada (Citizenship and Immigration) - 2012 FC 1140 - 2012-10-10
Federal Court DecisionsIt also requested that an ex parte, in camera hearing be held to deal with this matter. [...] [6] It is submitted that only a special advocate would be able to deal with the issues of this case by: [...] Fairness and natural justice could be better served then by such an appointment.
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155.
White v. Canada Post Corporation - 2024 FC 198 - 2024-02-07
Federal Court Decisions[2] The CHRC decided not to deal with the complaint, as recommended in the Section 41 Report for Decision [Section 41 Report]. [...] The Court has no jurisdiction, though, to deal with the actions of the Applicant’s union and CPC. [...] 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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156.
Freeman v. Canada (Citizenship and Immigration) - 2013 FC 1065 - 2013-10-23
Federal Court Decisions[40] The content of the duty of procedural fairness is variable, and the degree of fairness owed to visa applicants tends to be towards the lower end of the scale. [...] If dealing with a different applicant. I might try to call into question subj’s credibility via a personal interview. [...] However, Mr. Freeman has been dealing with these allegations for some 40 years and has likely concocted a very solid story by now.
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157.
Cyr v. Batchewana First Nation of Ojibways - 2021 FC 512 - 2021-05-31
Federal Court DecisionsWas the Applicant denied procedural fairness? E. Was the decision of the BFN reasonable? [...] It was found to be a private law contract dealing with his right to live in the house. [...] [60] Given my findings there is no need to deal with the other issues.
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158.
Hardman v. Atomic Energy of Canada Limited - 1997-04-21
Federal Court Decisions1) Denial of procedural fairness; 2) Failure to comply with ss. 42(1) of the Act in not giving reasons; and, [...] 1) Procedural fairness This Court has held2 that the Commission owes a duty of fairness to those potentially affected by its decision. [...] The process followed by the investigator and the Commission respected the rules of procedural fairness.
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159.
Canada (Citizenship and Immigration) v. Conteh - 2018 FC 416 - 2018-04-18
Federal Court DecisionsOn September 29, 2014, a report was prepared under section 44(1) of IRPA alleging that Mr. Conteh was believed to be inadmissible to Canada under sections 36(1)(a) and 37(1)(a) of IRPA, which deal respectively with serious and organized criminality. [...] The IAD relied on section 162(2) of IRPA, which provides that “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”. [...] [9] I find that the Minister’s right to procedural fairness was indeed breached.
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160.
Nowoselsky v. Canada (Attorney General) - 2007 FC 1065 - 2007-10-18
Federal Court Decisions[2] Mr. Nowoselsky asserts that he was denied a fair hearing before the prothonotary. [...] [64] Mr. Nowoselsky’s bias argument raises a question of procedural fairness. [...] Nevertheless, absent compelling evidence to the contrary, one expects that both the oath of office and the professionalism of the decision-maker in question would lead the individual to continue to deal with parties in a fair and impartial manner, even where the decision-maker is found to have erred in earlier proceedings.
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161.
R. G. v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 297 - 2019-03-12
Federal Court DecisionsA better conclusion is that no standard of review at all is applicable to the question of procedural fairness. [...] Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation. [...] Here also, the Minister is attempting to have the exact same issue determined under a different provision of IRPA. While section 36(1) deals with allegations of committing an offence, section 37(1) deals with committing crimes as part of a group.
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162.
Stucky v. Canada (Attorney General) - 2004 FC 1769 - 2004-12-22
Federal Court Decisions(4) The failure to provide notice or an opportunity to be heard is a denial of natural justice and procedural fairness; [...] [12] She attaches to her affidavit excerpts from the Federal Prosecution Service Deskbook dealing with the decision to prosecute, and Chapter 17, dealing with direct indictments. [...] This deskbook deals with matters of prosecution policy, and does not have the status of law.
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163.
Sharma v. Canada (Minister For Canada Customs) - 2001 FCT 584 - 2001-06-04
Federal Court DecisionsThese amendments are referred to colloquially as "the Fairness provisions". [...] The task of dealing with the amended statements was assigned to Mr. Guimond of Office Examination, Surrey Taxation Centre. [...] This ground of review alleges a denial of natural justice or procedural fairness.
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164.
Carrasqueiras v. Sunwing Airlines Inc. - 2022 FC 1714 - 2022-12-12
Federal Court Decisions[26] Section 41 of the CHRA sets out the limited circumstances when the Commission may decline to deal with a human rights complaint. [...] The goal of such provision was not to codify these doctrines, but to achieve the goals of fairness and finality in decision-making and avoid re-litigation: Figliola at paras 26-36. [...] Rather Ms. Klimkowski’s concern with her Union representation was relevant to the duty of fair representation, of which Ms. Klimkowski did not bring a complaint.
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165.
Montana First Nation v. Peigan - 2015 FC 1369 - 2015-12-09
Federal Court Decisions(1) Procedural Fairness [30] The Applicant submits that the By-election appeal process lacked procedural fairness by denying the Applicant and others adequate notice and an opportunity to be heard. [...] ... JUSTICE: -- once again that isn’t really an issue that I can deal with because it’s -- it’s not before me. [...] All I can do -- do is to deal with this particular review application.
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166.
Canada (National Revenue) v. 0741449 B.C. Ltd. - 2016 FC 530 - 2016-05-11
Federal Court Decisions[4] The present Applications deal with three requests for refunds made by the Respondent totalling $1,157,568.24. [...] The first Application deals with two of these requests, the second deals with the third request which was made after the first Application was initiated. [...] b. #20-4215 Westside Road, Kelowna, B.C. ("Lot 20") having a fair market value of$600,000 and liabilities secured against title as follows:
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167.
Canada (National Revenue) v. 0741449 B.C. Ltd. - 2016 FC 529 - 2016-05-11
Federal Court Decisions[4] The present Applications deal with three requests for refunds made by the Respondent totalling $1,157,568.24. [...] The first Application deals with two of these requests, the second deals with the third request which was made after the first Application was initiated. [...] b. #20-4215 Westside Road, Kelowna, B.C. ("Lot 20") having a fair market value of$600,000 and liabilities secured against title as follows:
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168.
Good v. Canada (Attorney General) - 2016 FC 1272 - 2016-11-15
Federal Court DecisionsIn the context of election appeals, band members are owed a duty of fairness. [...] Procedural fairness matters are to be reviewed on a standard of correctness. [...] The section of the Decision dealing with this issue reads as follows:
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169.
Cartier v. Canada (Attorney General) - 1998-08-24
Federal Court DecisionsIn the situation we are dealing with here, guilt was not what had to be confirmed, it was whether the information received from six different sources was sufficient to raise a valid concern and warrant the transfer. [...] I must, however, stress that the Order issued by Mahoney J. deals only with the jurisdiction of the Trial Division, not with the actual availability of the relief in the circumstances of the case. [...] The standards by which procedural fairness is measured are not immutable.
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170.
Camp v. Canada (Attorney General) - 2017 FC 240 - 2017-02-27
Federal Court DecisionsFinally, the argument avoids the relevant Federal Court jurisprudence dealing with the Prematurity Issue in the context of a stay motion. [...] [20] In Douglas v Canada (Attorney General), 2013 FC 776 [Douglas #1] the motion judge was dealing with an allegation of bias on the part of the (first) Inquiry Committee. [...] In the circumstances, I am prepared to deal with the Prematurity Issue as a component of both the irreparable harm and balance of convenience analysis.
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171.
Paranthaman v. Rogers Communication Inc. - 2019 FC 916 - 2019-07-11
Federal Court Decisions[16] Mr. Paranthaman submits that the Commission’s decision to dismiss his complaint breached the duty of procedural fairness for two reasons. [...] [24] Contrary to Mr. Paranthaman’s view, the Commission fully met its duty of procedural fairness. [...] The Commission must redetermine whether to deal with Mr. Paranthaman’s complaint with regard to all the evidence on the record.
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172.
Air Canada v. Toronto Port Authority - 2010 FC 774 - 2010-07-21
Federal Court Decisions[68] When dealing with a body that is clearly a “federal board, commission or other tribunal” [...] I have dismissed this argument for failure to plead it, but deal with it anyway in case of an appeal. [...] Porter was also given, in the 2005 CCOA, a “fair” share of new slots.
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173.
Henri v. Canada (Attorney General) - 2014 FC 1141 - 2014-11-27
Federal Court DecisionsA. Procedural fairness [24] Mr. Henri maintains that the Minister breached the duty of fairness owed to him. [...] [29] Mr. Henri claims that the letter of April 12, 2013, did not provide sufficient detail about the identity and number of individuals with whom he was having questionable dealings or about the precise nature of said dealings, and as a result he did not have a genuine opportunity to make representations. [...] [40] The first of these two elements deals with the status of the information obtained from the RCMP for the purposes of the verification process for security clearances.
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174.
Cha v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1507 - 2004-10-29
Federal Court Decisions[3] I set out the legislative scheme dealing with inadmissibility and removal relevant to the case of a foreign national which the applicant is. [...] [5] Paragraph 228(1)(a) of the Regulations is the applicable provision in prescribing the circumstances under subsection 44(2) of the Act the Minister may make a removal order when dealing with foreign nationals and reads: [...] (3) The content of the duty of fairness [41] A large part of this case turns on the content of the duty of fairness which is reviewed by this Court on the standard of correctness.
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175.
Professional Institute of the Public Service of Canada v. Canada (Customs and Revenue Agency) - 2004 FC 507 - 2004-04-01
Federal Court DecisionsThe Program deals with the appointment and transfer of employees to and within the Agency. [...] (2) No collective agreement may deal with matters governed by the staffing program. [...] (2) No collective agreement may deal with matters governed by the staffing program.