7,644 result(s)
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476.
Jack v. Wildcat - 2024 FC 1 - 2024-01-02
Federal Court DecisionsThe Minister stated that the argument regarding interlineations in the Will is not a relevant consideration under section 46 of the Act, but should instead have been raised under section 45 of the Act, which deals with formal validity of a will. [...] [44] Subsection 42(1) and section 43 of the Act provide the Minister with the ability to deal with applications to void a will: [...] [96] Some jurisprudence deals solely with the question of a right of reply without a detailed discussion of the degree of procedural fairness required in the circumstances.
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477.
Monge Monge v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 809 - 2009-08-10
Federal Court Decisions[12] The cases which deal with inadmissibility due to criminality touch upon a number of issues including: [...] Much of the case deals with procedural fairness, which is not in issue before me. [...] [29] In Spencer, Mr. Justice Blais, was dealing with a permanent resident who was not a refugee.
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478.
Yellowknives Dene First Nation v. Canada (Attorney General) - 2010 FC 1139 - 2010-11-12
Federal Court Decisions[34] North Arrow clearly wished to deal with only one point of contact with the Aboriginal people rather than dealing with both Bands but that was not possible. [...] [37] A day later, Mr. Slack attempted to deal with Mr. Clarke’s concerns, underlined that the agreement was in draft and that the Band was prepared to be flexible enough to deal with both large and small companies. [...] Any offending paragraphs such as those dealing with legal issues can be easily ignored (and were) by this Court.
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479.
St-Pierre v. Canada (Attorney General) - 2018 FC 1065 - 2018-10-23
Federal Court Decisions[35] The standard of correctness applies to questions of procedural fairness. [...] [81] Finally, I will turn to the arguments relating to procedural fairness. [...] Consequently, the PBC did not breach procedural fairness by not holding a hearing.
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480.
Sosa Trujillo v. Canada (Citizenship and Immigration) - 2021 FC 438 - 2021-05-12
Federal Court Decisions[7] First, in dealing with the arguments raised in the initial memorandum, the RAD ruled that the RPD did not breach the principles of procedural fairness and that its finding of non-credibility was based on the evidence. [...] In the absence of such evidence, members of administrative tribunals, like judges, are presumed to have acted fairly and impartially. [...] (A) Whether the RPD breached the principles of natural justice and procedural fairness.
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481.
Islam v. Canada (Citizenship and Immigration) - 2014 FC 948 - 2014-10-08
Federal Court Decisionsa) Did the tribunal breach the principle of procedural fairness in refusing to deal with the objections made by counsel for the applicant at the hearing? [...] A. Did the tribunal breach the principles of procedural fairness in refusing to deal with the objections made by counsel for the applicant at the hearing? [...] [17] The applicant argued that the tribunal breached the principles of natural justice in not dealing with the objections made by his counsel at the hearing.
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482.
Brown v. Canada (Citizenship and Immigration) - 2012 FC 1305 - 2012-11-08
Federal Court DecisionsThe Applicant submits that he was denied a fair hearing due to the incompetence of his immigration consultant, and this amounts to a breach of procedural fairness. [...] If the Applicant chooses to hire an immigration consultant rather than a member of the immigration bar, he has to deal with the consequences. [...] In the same vein, the Applicant is also responsible for the choices he made in dealing with his counsel.
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483.
Grover v. Canada (Attorney General) - 2010 FC 320 - 2010-03-19
Federal Court Decisions[8] In March 1994, the Applicant submitted a fourth complaint to the Commission, dealing with incidents between July 1992 and March 1994. [...] I shall therefore deal with them as they have been framed and understood by both parties: [...] To begin with, it is apparent that the parties have been dealing with the issues of this case in an adversarial manner for more than a decade and a half.
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484.
Litmar Ltd. v. Canada (Minister of National Revenue) - 2006 FC 635 - 2006-05-24
Federal Court Decisions[9] According to Mr. Little, the event which explains the demise of Litmar was a business deal that went sour. [...] He submits that the Court has no jurisdiction to deal with the validity of the tax assessment issued to Mr. Little pursuant to s. 323 of the Act. Thus, the Court should only deal with the applicant's arguments relating to the decisions not to waive the interest and the penalties. [...] The applicants raise no issue involving a breach of natural justice or procedural fairness or an error of law.
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485.
Canada (Public Safety and Emergency Preparedness) v. Shen - 2018 FC 636 - 2018-06-20
Federal Court DecisionsHe was, however, satisfied that it was appropriate to deal with Mr. Shen’s application insofar as it related to the alleged breach of the Minister’s duty of candour and the abuse of process. [...] [45] Mr. Shen acknowledges that he had previously sought judicial review of an interlocutory decision of the Board dealing with the issue of abuse of process and that Justice Fothergill was prepared to deal with the issue. [...] The errors attributed to the Board include an alleged breach of procedural fairness, and the assertion that the decision is unreasonable and legally flawed.
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486.
Public Service Alliance of Canada v. Canada (Treasury Board) - 2005 FC 1297 - 2006-06-22
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 [...] Commission may decline to deal with complaint 43. (1) The Commission may designate a person, in this Part referred to as an "investigator", to investigate a complaint. [...] [56] There is no doubt that, as a general principle, the duty of fairness does not require that reasons be provided for administrative decisions, even if their usefulness in ensuring fair and transparent decision-making has often been emphasized.
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487.
Cameron v. Canada (Indian Affairs and Northern Development) - 2012 FC 579 - 2012-05-16
Federal Court Decisions[Part II deals with original membership, Part III and IV deals with discretionary membership and Part V deals with loss of membership.] [...] [Part VIII deals with the amendment procedure of the Membership Rules and Part IX deals with the coming into force.] [...] As stated in Laboucan v Little Red River Cree Nation No 447, above, at paragraph 36 and in Sparvier v Cowessess Indian Band, [1993] 3 FC 142 at paragraphs 47-48, Band councils must respect due process and procedural fairness in their dealings with individual members.
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488.
TPG Technology Consulting Ltd. v. Canada - 2011 FC 1054 - 2011-09-07
Federal Court DecisionsThe tort claims could not have been raised before the CITT, for the CITT clearly does not have the jurisdiction to deal with them. [...] TPG’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. [...] [70] The Crown takes the position that the procurement process was conducted fairly and transparently.
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489.
McCormick v. Canada (Minister of Health) - 2005 FC 754 - 2005-05-26
Federal Court DecisionsSection 11 of the Act does not deal with wage differences within the same gender. [...] [13] In the alternative, should the Court not be satisfied that the two groups are in the same establishment, the matter should be referred back to the Commission for redetermination on the grounds that procedural fairness was not followed in that the Commission did not take into account a great deal of the material [...] There was no breach of procedural fairness on the part of the Commission.
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490.
Mudalige Don v. Canada (Citizenship and Immigration) - 2013 FC 1 - 2012-01-03
Federal Court Decisions[16] The parties have not referred the Court to any case law dealing with the scope of the delegate’s duty of procedural fairness in the context of a removal order based on the grounds that a foreign national is inadmissible under section 41 of the Act for failing to comply with subsection 184(1) of the Regulations. [...] 5.1. Procedural fairness The principles of procedural fairness apply to the exercise of the powers of the Minister’s [...] In this context, procedural fairness includes the right of persons affected by a
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491.
Sanderson v. Canada (Attorney General) - 2006 FC 447 - 2006-04-06
Federal Court DecisionsHowever, the grounds which are, in my view, dispositive of this application all relate to matters of procedural fairness. [...] Rather, the task for the Court is to determine whether the process followed by the Commission satisfied the level of fairness required in all of the circumstances. [...] However, in making this determination, the process followed by the Commission must be fair.
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492.
Balogun v. Canada - 2009 FC 407 - 2009-04-23
Federal Court DecisionsFairness [71] Dr. Balogun submits that the CHRC failed to investigate his complaint fairly. [...] Procedural Fairness Issues [133] I have reviewed each of the procedural fairness issues raised by Dr. Balogun against a standard of correctness. [...] 54. The complainant was asked to advise the respondent in writing how he would deal with his debt issue.
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493.
Watchmaker v. Kehewin Cree Nation #466 - 2022 FC 909 - 2022-06-16
Federal Court DecisionsThis fact alone elevates, and by a significant degree, the procedural fairness owed to them. [...] [31] Again, in view of my disposition of this case, it is not necessary to deal with this submission. [...] [32] The Applicant submits the following breaches of procedural fairness:
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494.
Vennat v. Canada (Attorney General) - 2006 FC 1008 - 2006-08-23
Federal Court DecisionsMichel Vennat made a great deal of effort to meet the deadline that was imposed on him. [...] [190] To summarize, it is my opinion that the Governor in Council did not deal with the applicant in a transparent manner, in accordance with fair play. [...] On a broader scale, I believe that the applicant was entitled to participate in a transparent forum and to deal with a decision-maker who played fair.
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495.
Bin v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 489 - 2002-04-29
Federal Court DecisionsYou travelled a great deal to Japan and China, which made you 575 days short of the residency requirement. [...] I found a great deal of discrepancy concerning your absences outside of Canada. [...] The Citizenship Judge did not, in this case, breach the rules of procedural fairness.
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496.
Kamara v. Canada (Citizenship and Immigration) - 2011 FC 243 - 2011-03-01
Federal Court Decisions162.(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. [...] At the hearing, the member deals with the issues of the language of the proceeding and the need for an interpreter at the same time. [...] No provision of the Act deals specifically with the assistance of an interpreter.
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497.
Monemi v. Canada (Solicitor General) - 2004 FC 1648 - 2004-11-24
Federal Court Decisions[18] In Majerbi v. Canada (M.C.I.), [2002] F.C.J. No. 1145 and in Zolotareva, the Court was dealing with decisions made on H & C applications by PRRA officers. [...] The officer deciding the H & C application considered the decision of the officer dealing with the PRRA application before it was sent to the applicant. [...] [36] I shall deal first with the third point raised by the applicant.
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498.
Ghazi v. Canada (National Revenue) - 2019 FC 860 - 2019-06-25
Federal Court DecisionsIn arriving at her Decision, the Assistant Director failed to observe principles of natural justice and procedural fairness. [...] Does the federal Court have jurisdiction to deal with the matter raised in the application for judicial review? [...] In the present application, Mr. Ghazi is alleging that he was not treated fairly or courteously.
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499.
Deng v. Canada (Citizenship and Immigration) - 2007 FC 943 - 2007-09-20
Federal Court Decisions5. Fairness of Hearing. Was the hearing of March and June 2005 conducted fairly? [...] We are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] 5. FAIR HEARING [35] Deng argues that, all in all, he did not get a fair hearing.
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500.
Temate v. Canada (Attorney General) - 2018 FC 1004 - 2018-10-05
Federal Court Decisions[4] On August 23, 2017, the Commission rendered a decision in which it refused to deal with the 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 [...] [18] The allegation of bias falls under procedural fairness. The Federal Court of Appeal recently ruled that matters of procedural fairness do not necessarily lend themselves to an analysis in relation to a standard of review.