7,644 result(s)
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451.
Owusu v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 94 - 2003-01-29
Federal Court DecisionsRather, the interests of the child must be "well identified and defined" (Legault, at para. 12) and "examined ... with a great deal of attention" (Legault, at para. 30). [...] They were not "examined... with a great deal of attention". Indeed, they were not examined at all and no explanation was provided by the Immigration Officer as to why they were not. [...] ...Ordinarily the denial of that right [the right to a fair hearing] will void the hearing and the resulting decision.
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452.
Chen v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1523 - 2005-11-08
Federal Court DecisionsThe questions before me in this application deal with the procedure to be followed once an officer decides that a hearing will be held. [...] [17] By notice dated March 9, 2005, the PRRA Officer dealing with the Applicant's file requested the attendance of the Applicant at a hearing. [...] [22] Knowing the case to be met is a fundamental requirement of procedural fairness.
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453.
Ola Display Corporation v. Canada (National Research Council) - 2013 FC 423 - 2013-04-24
Federal Court Decisions1. Was the applicant’s right to procedural fairness breached? Applicant’s argument [...] It is discretionary and purely administrative, which attracts a minimal duty of fairness. [...] [34] The Act confers a broad discretionary power to the NRC in the exercise of its mandate and NRC-IRAP sets its own procedure to deal with a request for funds.
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454.
Lee v. Bank of Nova Scotia - 2002 FCT 753 - 2002-07-09
Federal Court DecisionsHe seeks an order granting the application for judicial review and an appropriate remedy binding on the CHRC. Mr. Lee alleges that the CHRC breached its duty of procedural fairness when dealing with his complaint. [...] [32] While a great deal of deference is owed to the Commission in making such decisions, it is settled law that it must nevertheless adhere to the principles of procedural fairness. [...] Hence, the same standard that applies to the Commission would apply to the investigator in his dealings with the parties.
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455.
Beima v. Canada - 2015 FC 1367 - 2015-12-09
Federal Court Decisions55. This most certainly demonstrates an inability for Justice D’Arcy to be able to conduct a fair unbiased hearing. [...] 79. The stress these people have put on The Applicant has affected his emotional state, caused a great deal of stress therefor jeopardizing his health, and caused a great deal of weight gain. [...] Therefore, he says it is only right that the Federal Court assume jurisdiction and deal with his complaints.
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456.
Khadr v. Canada (Attorney General) - 2006 FC 727 - 2006-06-08
Federal Court DecisionsThere was no reference in the Canadian Passport Order to any residual authority being vested in the Minister or the Cabinet to deal with passport issues. [...] [94] As indicated in paragraph 80, the power to deal with passports was transferred to the Department of External Affairs where it has remained. [...] D. Fairness/Legitimate Expectation [98] The Respondent early in this litigation acknowledged that the Minister had breached the duty of fairness, largely by failure to give notice and an opportunity to be heard.
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457.
Gabor v. Canada (Citizenship and Immigration) - 2012 FC 540 - 2012-05-04
Federal Court DecisionsIt also found the Slovak authorities are making serious efforts to deal with police misconduct and there are signs of success. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.” [...] Clearly, the Female Applicant cannot be sterilized again, and the RPD has to deal with the forward-looking health risks she faces.
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458.
League for Human Rights of B'nai Brith Canada v. Canada - 2008 FC 732 - 2008-06-12
Federal Court Decisions[27] It follows that the respondents have demonstrated that the applicant’s claim to direct standing is not fairly arguable. [...] The Governor in Council, when exercising its discretion, owed Mr. Odynsky a duty of fairness. [...] He is a member of an organization that seeks to ensure the fair administration of the taxation system.
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459.
Ching v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 839 - 2018-08-16
Federal Court DecisionsStep 1: Did the IAD engage in conduct that violated Mr. Ching’s right to a fair proceeding or undermined society’s expectations of fairness in the administration of justice? [...] So the decision will be there whether the ultimate case is successful or not, we’ll deal with that decision. [...] After all, Rule 57 of the Immigration Appeal Division Rules, SOR/2002-230 states that “in the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter”.
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460.
Severo Rachewiski v. Canada (Citizenship and Immigration) - 2010 FC 244 - 2010-03-02
Federal Court DecisionsThe male applicant works in the construction trade dealing with drywall and taping. [...] 5. That the decision was, on the whole, unreasonable, biased and lacking in fairness. [...] [32] The concerns raised by the Applicants deal in particular with their youngest son Callum.
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461.
Canada (Citizenship and Immigration) v. Fox - 2009 FC 987 - 2009-10-05
Federal Court DecisionsThe Tribunal noted that subsection 162(2) of the IRPA provides that each division shall deal with all proceedings before it as informally and quickly as the circumstances and considerations of fairness and natural justice permit. [...] 162. (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. [...] As for the notion of fairness on which the reasoning of the Trial Judge hinged, the Court had this to say:
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462.
Corporation of the City of Mississauga v. Canada (Public Works and Government Services) - 2011 FC 162 - 2011-02-11
Federal Court DecisionsAlthough the Act confirms both the principle that federal property is immune from taxation and the voluntary nature of payments in lieu, the intention of that the calculation of such payments would be consistent with the objective of equity and fairness in dealing with Canadian municipalities. [...] However, in my view, the Purpose Clause deals with calculations and not collections. [...] [58] The Analysis also deals with both tenants of the Crown and tenants on Crown property.
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463.
Sark v. Abegweit Band - 2001 FCT 1184 - 2001-10-31
Federal Court DecisionsThis step deals with consultation after Deputy Minister approval in principle has been given. [...] I propose to deal with Issues 5 and 6 together as the applicant basically argued that there was a breach of the duty of procedural fairness by the respondents, due to the manner in which the application was processed. [...] [22] For the above reasons, I am of the opinion that a breach of the duty of procedural fairness has occurred in that, at the very minimum, the applicants' application has not been dealt with in accordance with the policy which the department has established to deal with applications such as the current application.
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464.
Hudson v. Canada (Indian Affairs and Northern Development) - 2007 FC 203 - 2007-02-22
Federal Court DecisionsRather the Court is required to determine whether the process followed in relation to Mr. Hudson’s appeal was fair, and whether any errors were committed in dealing with the appeal. [...] 4. Was Mr. Hudson accorded procedural fairness in the process followed with respect to his appeal? [...] I cannot simply accept these submissions, as they are clearly in error, at least insofar as they relate to the fourth issue, namely that dealing with procedural fairness.
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465.
Utility Transport International Inc. v. Kingsley - 2009 FC 270 - 2009-03-17
Federal Court DecisionsShe has changed her account to try and deal with what she perceives as a problem regarding Mr. Fenton and his lack of availability. [...] 30. Findings: The statements of the complainant, which are unrefuted, suggest that the respondent took no action to deal with the alleged harassment. [...] [48] In order to satisfy the duty of procedural fairness, the investigation has to be thorough.
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466.
O'Grady v. Bell Canada - 2020 FC 535 - 2020-04-20
Federal Court DecisionsSecond, Ms. O’Grady alleges that the Tribunal breached her rights to procedural fairness. [...] [68] This leaves only one procedural fairness argument which I will now address. [...] 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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467.
Pusuma v. Canada (Citizenship and Immigration) - 2015 FC 658 - 2015-05-21
Federal Court Decisions[38] The applicants provided extensive evidence dealing with the issue of risk‑based hardship in support of their H&C application. [...] [47] The question of whether the H&C assessment was tainted by the unfairness of the applicants’ refugee hearing raises a question of fairness. [...] It will be recalled that the fairness of both of these findings was directly called into question by the failure of Mr. Hohots to provide the applicants with competent legal representation.
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468.
Eberhardt v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 1077 - 2013-10-24
Federal Court Decisions[17] The first issue raised here is a matter of procedural fairness. [...] Essentially, Mr. Eberhardt raises three (3) basic issues for review and I will deal with each in turn. [...] Rather the Act sets out specific procedures for dealing with them in ss. 25, and 112 respectively.
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469.
Endemikael v. Canada (Citizenship and Immigration) - 2013 FC 675 - 2013-06-18
Federal Court Decisions[3] This judicial review does not deal substantially with the facts supporting his claim but with procedural/substantive matters at the Applicant’s hearing. [...] In dealing with the matter of natural justice, the Member found that there was no breach because the translation was not tainted or inaccurate. [...] The Applicant contends that this was a breach of procedural fairness.
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470.
Kroll v. Canada (Revenue Canada) - 2004 FC 863 - 2004-06-14
Federal Court DecisionsThe CCRA confirmed the disallowance of the ITC. The matter was then referred to the "fairness committee" of the CCRA for review. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules [...] Nor is there any allegation or indication that the CCRA breached the principles of procedural fairness in dealing with the applicant.
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471.
Nagalingam v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 1411 - 2012-12-03
Federal Court Decisions[17] The issue submitted before this Court concerns a potential breach of procedural fairness. [...] [21] The applicant further submits that refugees are entitled to a higher level of procedural fairness than visitors (citing Justice Décary in Cha, above). [...] Therefore, the Court finds no breach in procedural fairness that warrants its intervention.
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472.
Jagadeesh v. Canadian Imperial Bank of Commerce (CIBC) - 2019 FC 1224 - 2019-09-24
Federal Court DecisionsWith this wild assumption Investigator decides not to deal with two important issues of my complaint. [...] [36] The Commission shall deal with any complaint filed, unless it falls within one of the excluded grounds: CHRA s 41(1). [...] The investigator will not therefore, deal with these allegations in the context of the present complaint.”
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473.
TPG Technology Consulting Ltd. v. Canada - 2014 FC 933 - 2014-10-02
Federal Court DecisionsTPG’s position with respect to the breach of contract claim is much weaker since the obligations of the contract that TPG argues existed between itself and the Crown consist almost entirely of the duty to deal fairly. [...] Q. It's fair for me to say in that a relevant metric is a relevant metric? [...] THIS COURT’S JUDGMENT is that the action is dismissed, and the Court retains jurisdiction to deal with costs.
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474.
Boucher v. Canada (Attorney General) - 2006 FC 1342 - 2006-11-08
Federal Court Decisions[17] When dealing with the issue of bias, the Appeal Division and the NPB are not required to refer to jurisprudence. [...] I believe that in the interest of procedural fairness the NPB has a duty, to at least some extent in the pre-release hearing and more so as in the case at hand when it is dealing with an applicant that has a correctional history that goes back close to 30 years, to raise issues not addressed by the applicant or their [...] the Tribunal must listen fairly to both sides, giving the parties to the controversy a fair opportunity “for correcting or contradicting any relevant statement prejudicial to their views”.
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475.
Piché v. Canada (Attorney General) - 2008 FC 114 - 2008-01-31
Federal Court DecisionsCommission 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 [...] [38] The Commission has a certain degree of expertise in dealing with human rights complaints. [...] By justice, I refer to procedural fairness, the achieving of the correct result in individual cases and the broader perception that the process as a whole achieves results which are consistent, fair and accurate.