7,644 result(s)
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226.
Li v. Canada (Citizenship and Immigration) - 2007 FC 941 - 2007-09-21
Federal Court Decisions[. . .] Q. Mr. Findlay tells you he is a dealing with the overstay, isn’t that right? [...] So what did you understand by his telling you he was dealing with an overstay? [...] 1. Breach of the principles of procedural fairness: Right to Counsel
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227.
Pelaez v. Canada (Citizenship and Immigration) - 2007 FC 356 - 2007-04-03
Federal Court DecisionsI will therefore deal with this issue solely on the basis of the arguments contained in the parties’ written submissions. [...] Guideline 7, unlike guidelines that deal with general policy considerations applicable to substantive decisions, deals essentially with procedure in the conduct of the hearing. [...] PM : Ah, OK. Alors on peut le faire en français? A: Oui, ça va. PM: Okay.
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228.
Wilson v. Canada (Attorney General) - 2012 FC 57 - 2012-01-16
Federal Court Decisions[15] Assistant Commissioner McCowan further advised Mr. Wilson that he could not deal with the complaints regarding the correction of Mr. Wilson’s file, as this was a new allegation and needed to be dealt with at the lowest level possible, in accordance with Commissioner’s Directive 081 dealing with Offender Complaints and [...] [17] In determining whether Mr. Wilson was treated fairly in this regard, the task for the Court is to determine whether the process followed by the decision-maker satisfied the level of fairness required in all of the circumstances: see Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, [2009] 1 S.C.R. 339 at [...] The inmate’s parole officer is the individual authorized to deal with correction requests under Commissioner’s Directive 701.
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229.
Lavallée v. Louison - 1999-09-03
Federal Court Decisions[4] Section 6 of the Election Act deals with appeals to Band elections. [...] I will deal with the question of actual bias first. (a) Actual bias [...] As long as he had fair notice of all the contradictory evidence and a reasonable chance to respond, the procedure would have been fair even if he was permitted only to respond in writing.
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230.
Pillai v. Singh v. Canada (Minster of Citizenship and Immigration) - 2001 FCT 1417 - 2001-12-21
Federal Court DecisionsWould he think that it is more likely than not that the [decision maker] whether consciously or unconsciously, would not decide fairly' ". [...] It is required by subsection 68(2) of the Immigration Act to deal with proceedings before it "...as informally and as expeditiously as the circumstances and the considerations of fairness permit." [...] We are dealing here with the powers of an administrative tribunal in relation to its procedures.
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231.
Tobique Indian Band v. Canada - 2010 FC 67 - 2010-01-21
Federal Court DecisionsThere is an allegation of a breach of procedural fairness in the case at bar but paragraphs 7, 8, 9, 10, 11 and 11 do not deal with that issue. [...] Furthermore, they are irrelevant to the application as a whole and deal with events that arose after the impugned decision was made and will therefore be struck out. [...] [70] There is no legislated duty of procedural fairness in this case.
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232.
Njonkou v. Canada (Attorney General) - 2007 CF 1132 - 2007-11-01
Federal Court Decisions[17] However, the Commission is bound to comply with the rule of procedural fairness. [...] It must be conducted in a fair and impartial fashion (Slattery v. Canada (Human Rights Commission) (TD), [1994] 2 F.C. 574 (QL), at para 49). [...] [...] Commission to deal with complaint 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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233.
Osman v. Canada (Citizenship and Immigration) - 2021 FC 1279 - 2021-11-22
Federal Court DecisionsI accept that both subsection 16(1) and paragraph 40(1)(a) of the Act are similar in that they both deal with the failure of an applicant to be forthright in his or her representations. [...] The GCMS notes confirm that the visa officer considered her answer to the procedural fairness letter. [...] of fairness owed to an applicant for permanent residence in Canada as a member of the Convention refugee abroad and the humanitarian protected persons abroad class breached when the refusal letter replicates the personal fairness letter without acknowledgment of the response of the applicant to the personal fairness
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234.
Shephard v. Fortin - 2003 FC 1296 - 2003-11-06
Federal Court DecisionsTo satisfactorily deal with this issue, it is necessary to examine the legislative scheme under which promotions and grievances related to those promotions are determined. [...] [69] It is also to be remembered that we are dealing with an internal adjudication process. [...] c. the Adjudicator complied with the requirements of fairness owed to Cst. Shephard; and
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235.
Stenhouse v. Canada (Attorney General) - 2004 FC 375 - 2004-03-12
Federal Court DecisionsAccordingly, great deference is owed to the Commissioner in dealing with questions of fact. [...] In all the circumstances, Deputy Griffin could not obtain a fair hearing. [...] (2) did RCMP management know about Stenhouse's complaints and how did they deal with them.
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236.
Punia v. Canada (Citizenship and Immigration) - 2017 FC 184 - 2017-02-14
Federal Court Decisions(2) Procedural Fairness (a) Bangalore Decisions [44] The Respondent rejects the assertion that there was a denial of procedural fairness. [...] [62] For a procedural fairness letter to be fair, it has to allow an applicant to know what the concerns are. [...] [70] The Bangalore Decision dealing with the Male Applicant contains similar reviewable errors that I do not need to repeat here.
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237.
GCT Canada Limited Partnership v. Vancouver Fraser Port Authority - 2022 FC 1109 - 2022-07-26
Federal Court DecisionsThe duty to act fairly includes the duty to provide procedural fairness to the parties. [...] Administrative boards that deal with matters of policy will be closely comparable to the boards composed of municipal councillors. [...] As the hearing on the merits was soon approaching, dealing with the refusals was left to me.
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238.
CGI Holding LLC v. Canada (National Revenue) - 2016 FC 1086 - 2016-09-27
Federal Court DecisionsThe Competent Authorities (IRS and CRA) deal directly with each other. [...] [25] I will deal first with the Marcovitz Affidavit sworn on April 13, 2015. [...] [57] Pursuant to the Baker factors, I am satisfied that the CRA was obligated to deal fairly with CGI and to consider its submissions.
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239.
Lachapelle v. Canada (Attorney General) - 2023 FC 1628 - 2023-12-05
Federal Court DecisionsWas there a breach of the duty of procedural fairness owed to the applicant? [...] [27] Part II of the Code deals with occupational health and safety for workplaces under federal jurisdiction. [...] The content of the duty of fairness will depend on the factors so identified.
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240.
Heeg v. Canada (Attorney General) - 2003 FCT 337 - 2003-03-21
Federal Court DecisionsHowever, it was concluded that he had demonstrated he was cognisant in the filing of his income tax returns, in his past dealings with the Department. [...] [10] There were before the director other reports of medical doctors, and the record of the applicant's dealing with the Department. [...] Her affidavit states it was one of the items submitted with his first fairness request which she had reviewed.
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241.
McEachran v. Ontario Power Generation - 2006 FC 60 - 2006-01-20
Federal Court DecisionsHe also filed a duty of fair representation complaint against his union before the Ontario Labour Relations Board. [...] Generally speaking, the Commission is required to deal with every complaint. [...] [3] The Commission declined to deal with Mr. McEachran's complaint on that basis.
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242.
Foster Farms LLC v. Canada (International Trade Diversification) - 2020 FC 656 - 2020-06-03
Federal Court Decisions[26] The Vavilov decision did not deal directly with issues of procedural fairness, and the approach to be taken on this front has therefore not been modified (Vavilov at para 23). [...] [31] A preliminary matter must however be addressed before dealing with the issues disputed by Foster Farms. [...] I will therefore briefly deal with Foster Farms’ arguments under the reasonableness lens.
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243.
Pelletier v. Canada (Attorney General) - 2008 FC 803 - 2008-06-26
Federal Court DecisionsThese paragraphs and exhibits deal with interviews that Commissioner Gomery gave to the media in December 2004. [...] That is not the case of the newspaper articles we are dealing with here. [...] Administrative boards that deal with matters of policy will be closely comparable to the boards composed of municipal councillors.
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244.
Mosaic Forest Management Corporation v. Canada (Attorney General) - 2021 FC 1488 - 2021-12-31
Federal Court DecisionsThe FTEAC determines logs to be “not surplus” for domestic purposes if the offer received is fair. [...] Part C that deals with Statistics Canada export data (paragraphs 17-22) [...] Part C that deals with log prices in BC (paragraphs 9 – 35) Thompson Affidavit
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245.
Bredin v. Canada (Attorney General) - 2007 FC 1361 - 2007-12-21
Federal Court DecisionsProperly framed, this is an issue of procedural fairness, and consequently it should be reviewed as a question of law. [...] [44] In Slattery, the Court considered the degree of thoroughness of investigation required to satisfy the rules of procedural fairness: [...] [67] In my opinion, the applicant received a complete and fair hearing of the issues raised by her complaint.
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246.
Maurice v. Canada (Treasury Board) - 2004 FC 941 - 2004-06-30
Federal Court Decisions[31] The parties were agreed that the Committee had a duty to act fairly. [...] (iii) the Committee should have the best possible information to ensure that its decision is fair and equitable; [...] [4] The only provision dealing with documentation which the Committee must have is section V(d), but the parties did not argue that this provision dealt with the point.
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247.
Sychuk v. Canada (Attorney General) - 2009 FC 105 - 2009-01-30
Federal Court Decisions[7] Subsection 133 of the Act deals with conditions attached to an offender’s release on parole. [...] 1. Breach of Fairness [25] The Appeal Division ruled the Board had not breached procedural fairness finding that his right to make written representations was respected. [...] [32] In terms of procedural fairness, he argues the following breaches:
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248.
Wu v. Royal Bank of Canada - 2010 FC 307 - 2010-03-17
Federal Court Decisions41. (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 [...] 2. did the Commission breach the applicant’s right to procedural fairness? [...] Issue No. 2: Did the Commission breach the applicant’s right to procedural fairness?
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249.
Curtis v. Bank of Nova Scotia - 2017 FC 380 - 2017-04-19
Federal Court Decisions[46] On November 8, 2013, Counsel for the parties and the Adjudicator participated in a conference call to deal with the procedural issues. [...] Phase 1 would deal with the jurisdictional issue and Phase 2 with the merits of the complaint. [...] C. Did the Applicant suffer a breach of procedural fairness? i. Did the alleged incompetence of Mr. Pinto breach procedural fairness?
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250.
Morin v. Canada - 2002 FCT 1312 - 2002-12-18
Federal Court Decisions[61] It is therefore perhaps helpful, before turning to consideration of the evidence, to deal briefly with the nature of the question before the Court. [...] Mr. Rueck described this method to be a "starting point" upon which he did not place a great deal of reliance. [...] [84] Dealing with the first expressed concern, the lease is express that each tenant is responsible for all improvements, including site preparation.