7,644 result(s)
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351.
Mamut v. Canada (Citizenship and Immigration) - 2023 FC 406 - 2023-03-23
Federal Court Decisions[14] On reviewing the unredacted material filed by section 87 counsel, a fairly large document, 12 pages in length, was redacted in its entirety. [...] [109] When dealing with privileges, the Court will scrutinize them carefully. [...] This was sufficient in the circumstances to make the judicial review effective, meaningful and fair.
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352.
Moran v. Canada (Industry Canada) - 2001 FCT 561 - 2001-05-31
Federal Court DecisionsDid the CHRC render its decision in breach of the rules of procedural fairness? [...] the present case, it is appropriate to summarize the law relating to procedural fairness in cases dealing with human rights complaints. [...] [24] In light of the decision I have reached on Issue 1, I need not deal with Issue 2.
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353.
Antillon v. Canada (Minister of Citizenship and Immigration) - 1998-11-09
Federal Court DecisionsI will deal with each submission in turn. [14] Counsel submits that the reason the Officer was rude to the Applicant was because she had looked at the FOSS Notes prior to the interview. [...] I think what she meant was, if you tell the police one thing and you tell us another, then you have to deal with the inconsistency you have created - it cannot be ignored. [...] In these circumstances, I can find no breach of the minimal duty of fairness imposed by Shah, supra.
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354.
Pope v. Canada (Minister of Citizenship and Immigration) - 2005 FC 644 - 2005-05-06
Federal Court DecisionsI am prepared to deal with this matter. The Applicant, Ms Natasha Pope, has failed to appear for the hearing for this application for a judicial review. [...] Dealing first with the question of procedural fairness. Ms Pope asserts that she was denied procedural fairness during her refugee hearing by virtue of the conduct of the presiding Member. [...] In addressing the question of the availability of State protection, the presiding Member made reference to a United States Department of State report dealing with violence against women in St. Vincent and The Grenadines.
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355.
Siyaad v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 448 - 2019-04-11
Federal Court Decisions(ii) soit faire rapport au juge de paix qu’il a saisi les biens et qu’il les détient ou veille à ce qu’ils le soient, [...] (2) 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. [...] 49 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.
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356.
Salewsksi v. Canada (Citizenship and Immigration) - 2008 FC 899 - 2008-07-23
Federal Court Decisions[10] In the letter, Officer Matsui also expressly stated that Regulation 60, which deals with revocation of a permanent resident card, does not apply in the Applicant’s situation. [...] [16] The first issue raised is one of procedural fairness, which is a question of law reviewable on a standard of correctness. [...] There is nothing in the statute that deals with whether a visa officer may review decisions already made.
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357.
Public Service Alliance of Canada v. Canada (Attorney General) - 2005 FC 401 - 2005-03-23
Federal Court Decisions[2] The applicant argues that the Commission erred in law in deciding not to deal with the complaint on the merits without providing sufficient reasons, as required by the Act. [...] 42. (1) Subject to subsection (2), when the Commission decides not to deal with a complaint, it shall send a written notice of its decision to the complainant setting out the reason for its decision. [...] Therefore, the decision does not provide sufficient reasons to comply with the rules of procedural fairness.
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358.
Garnhum v. Deputy Canada (Attorney General) - 1996-10-02
Federal Court Decisions(b) the Commission failed to observe a principle of natural justice or procedural fairness in reaching its decision; [...] Given that the Commission has decided to deal with the complaint in accordance with section 41 of the Act: [...] Its enabling statute provides it with a great deal of control over its own processes.
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359.
Ahmad v. Canada (Revenue Agency) - 2011 FC 954 - 2011-07-28
Federal Court Decisions(c) Was the Applicants’ right to procedural fairness breached during Decision Review? [...] The competencies were not marked in a fair, consistent and objective manner. [...] This suggests that the CRA intends to deal with issues with standardized assessment tools, but outside of the Decision Review process.
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360.
Canada (Minister of Citizenship and Immigration) v. Seifert - 2002 FCT 859 - 2002-08-13
Federal Court DecisionsUnfortunately, the Plaintiff's amended argument deals only with the first aspect. [...] The duty to act fairly includes the duty to provide procedural fairness to the parties. [...] To be fair, the Defendant does raise breach of fiduciary duty and a failure to act fairly and impartially.
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361.
Hale v. Canada - 1996-05-23
Federal Court DecisionsCounsel for the applicant argues that a breach of the duty of fairness occurred. [...] The procedure for dealing with a classification grievance is established by Treasury Board and is set out in the Manual. [...] Nor does he argue that the Treasury Board does not have authority to establish rules of procedure for dealing with grievances.
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362.
AstraZeneca Canada Inc. v. Novopharm Limited - 2009 FC 902 - 2009-09-11
Federal Court Decisions• [4] Before dealing with the merits of the motion as it relates to the filing of reply evidence it is helpful to put this motion in context.In its submissions on the motion for reversal of evidence AstraZeneca made the following submissions: [...] Accordingly reversal of the order of evidence will result in the just, most expeditious and least expensive determination of the merits without affecting Novopharm’s substantive rights and maintaining the fairness of Novopharm’s procedural rights. [...] • [28] Dealing with the Romero affidavit, AstraZeneca made much of the fact that Dr. Romero knew that her opinions should be “thorough and complete” as she acknowledged on her cross-examination.Because Dr. Romero did not deal with certain issues in her affidavit in chief AstraZeneca says that the reply affidavit, in large
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363.
Shoan v. Canada (Attorney General) - 2016 FC 1003 - 2016-09-02
Federal Court Decisions3. Did the Investigation offend principles of procedural fairness and natural justice? [...] 3. Procedural Fairness and Natural Justice [33] Commissioner Shoan submits that he was denied procedural fairness and natural justice because: [...] In my view, Commissioner Shoan was denied procedural fairness and natural justice.
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364.
Gadwa v. Kehewin First Nation - 2016 FC 597 - 2016-05-31
Federal Court Decisions[26] ...The jurisprudence of the Court is clear; such issues dealing with procedural fairness must be raised at the earliest opportunity. [...] As noted above, an elections officer’s authority to deal with appeals is set out in broad terms in Section XIV of the KCN Custom Election Act, she is authorized to do whatever is reasonably necessary “to answer the appeal”. [...] [94] As to Gordon Gadwa’s removal from his position as a Councillor, Section X of the KCN Custom Election Act provides a process for dealing with accusations of misconduct for sitting Councillors.
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365.
Timm v. Canada (Attorney General) - 2011 FC 576 - 2011-05-19
Federal Court Decisions[5] The applicant first contended that the third‑level decision breached the principles of natural justice and procedural fairness to the extent that the Senior Deputy Commissioner rendered one decision to deal with both of his grievances. [...] Doing so did not breach any of the principles of natural justice or procedural fairness. [...] Consequently, once again, I see no breach of procedural fairness or the principles of natural justice.
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366.
Jolivet v. Canada (Attorney General) - 2010 FC 762 - 2010-07-20
Federal Court Decisions[13] The Respondent submits that some of the provisions of the CCRA on which the Applicant relies, which deal with institutional placement and transfers, are irrelevant in this case. [...] The statutory duty to act fairly is also not at issue, because it deals with the manner in which decisions affecting inmates are taken and “does not require that all offenders be treated exactly the same.” Finally, the fact that Parliament has created certain security classifications did not prevent the Warden from taking [...] Similarly, the Bulletins deal with the placement and transfer of inmates in various medium-security penitentiaries.
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367.
Malikaimu v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 1026 - 2017-11-09
Federal Court DecisionsThe Respondent also suggested that the matter be referred to a judge of this Court designated to deal with national security issues. [...] The Motion Judge held that the Respondent had failed to identify “any matter that should have been dealt with that I overlooked or accidentally omitted to deal with.” The Motion Judge added that the Respondent would have the opportunity to address its relevancy arguments “at the hearing of the Application.” [...] The approach to procedural fairness remains, as stated in Baker, context-specific (Baker, at para 21; Charkaoui, at para 57).
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368.
Gardner v. Canada (Attorney General) - 2004 FC 493 - 2004-04-02
Federal Court DecisionsAfter examining this information, the Commission decided, pursuant to subsection 41(1) of the Canadian Human Rights Act, to deal with the complaint because: [...] ... ... 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 [...] In Yassine v. Canada (Minister of Employment and Immigration)[5], Justice Stone, for the Court, in the context of an examination of whether a fair hearing had been provided in circumstances where a fair hearing had been found to be an applicable aspect of the duty of fairness, wrote at paragraph [9] of his reasons:
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369.
Layden v. Canada (Human Resources and Social Development) - 2008 FC 619 - 2008-05-16
Federal Court Decisions[11] Subsection 83(2.1) of the Canada Pension Plan allows the Chairman or Vice-Chairman of the Board to designate a member of the Board to deal with a leave application. [...] [21] The vast majority of decisions from this Court dealing with decisions made with respect to applications for leave to appeal from decisions of the Review Tribunal involve cases where leave was denied. [...] [S]tate its own case fairly and must inform the Court of any points of fact or law known to it which favour the other side.
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370.
Oliveira v. Canada (Citizenship and Immigration) - 2002 FCT 1283 - 2002-12-11
Federal Court DecisionsIt was a standard form letter sent in medical inadmissibility cases known as a "fairness letter". [...] 4. Procedural fairness (a) The requirement for procedural fairness is met when a "fairness letter" (typically it is accompanied by the Medical Notification) is sent to the applicant, see Khan v. Canada (Minister of Citizenship and Immigration), [2002] 2 F.C. 413, 2001 FCA 345. [...] Procedural Fairness [19] Counsel for the applicant submits the applicant's right to procedural fairness was violated because the fairness letter did not contain any of the medical information on which the medical officer's conclusion was based.
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371.
Gnanaseharan v. Canada (Minister of Citizenship and Immigration) - 2004 FC 872 - 2004-06-17
Federal Court DecisionsI now deal with both applications in turn, beginning with the PRRA decision. [...] I will deal with each of these alleged breaches of fairness in turn. (1) Clarify issues [...] [46] I will deal in turn with each of the above issues raised by the applicants.
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372.
Roopnauth v. Canada (National Revenue) - 2016 FC 1307 - 2016-11-25
Federal Court Decisions[6] There is a tier system among employees occupying the SP0465 position, such that a tier 1 employee deals with simple inquiries, a tier 2 employee responds to some complex matters, a benefits employee deals with benefit-related inquiries, and, finally, certain employees are responsible for the CoE and non-resident tax [...] 2. Was the Applicant denied procedural fairness in respect of the decision to deny her grievance? [...] [25] The common law duty of procedural fairness has been codified in the Procedures.
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373.
Qazi v. Canada (Minister of Citizenship and Immigration) - 2000-07-26
Federal Court DecisionsWe are concerned here with process and even if both those reports were as was strongly argued to me by counsel for the respondent as fair, balanced and impartial as they could be, that would not meet the requirement of fairness. [...] There was also a good deal of debate about the standard of review, since I am not reviewing the decision on its merits, I do not propose to enter into that. [...] Finally, of course, there was a good deal of debate as to the reasonableness or otherwise of the decision and that too is, in my view, irrelevant for the reason just stated.
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374.
Chickoski v. Canada (Attorney General) - 2017 FC 772 - 2017-08-17
Federal Court DecisionsThose submissions were known to the ADM. In that respect, the process was procedurally fair to him. [...] Following Boutilier, it found that the redress process could deal meaningfully and effectively with the substance of the grievance. [...] (1) deal meaningfully and effectively with (2) the substance of the employee’s grievance;
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375.
Pikangikum First Nation v. Canada (Minister of Indian and Northern Affairs) - 2002 FCT 1246 - 2002-11-29
Federal Court DecisionsThis Directive deals with the appointment of co-managers and third party managers. [...] A. It's a document dealing with co-management and third party management. [...] [105] Because of my finding on Issue 3, I do not propose to deal with Issues 4 and 5.