7,644 result(s)
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526.
Jang v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 996 - 2017-11-03
Federal Court DecisionsI have concluded that the reconsideration decision should be set aside as the Officer dealing with the application erred in her treatment of the psychiatric evidence regarding Ms. Jang’s mental health. [...] [17] Insofar as the issue of procedural fairness is concerned, the Court’s task is to determine whether the process followed by the decision-maker in a given case satisfied the level of fairness required in all of the circumstances, in other words, to apply the correctness standard: Mission Institution v. Khela, 2014 SCC 24 [...] This constitutes a breach of procedural fairness in the process leading up to the June 2016 H&C decision.
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527.
Air Canada Pilots Association v. MacLellan - 2012 FC 591 - 2012-05-16
Federal Court DecisionsThe Commission decided for the reasons identified below, to deal with the complaint under section 41(1) of the Canadian Human Rights Act. [...] [10] Did the Commission breach a duty of procedural fairness? Analysis [...] I accept that where reasons are a procedural requirement, a breach of fairness may arise where none are forthcoming.
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528.
Canada (Attorney General) v. Humber - 2005 FC 761 - 2005-05-27
Federal Court DecisionsThis was purely an administrative decision and is bound by the duty of fairness. [...] The current case deals with a discretionary decision to refer the complaint to a Tribunal. [...] [22] The case law states that an administrative decision will attract a duty of fairness.
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529.
Westshore Terminals Ltd. v. Vancouver Port Authority - 2001 FCT 312 - 2001-03-07
Federal Court DecisionsAlternately, if the harbour authority, when dealing with lease holders, must comply with the Canada Marine Act and be required to charge rents that are fair, reasonable and non-discriminatory, Westshore could be entitled to relief. [...] ... concluded that both the applicants and the respondents have misconceived the nature of the role of the Court in dealing with the principle application. [...] In fact, the Port Authority says it has never considered whether the rent charged Westshore is fair and reasonable as required by section 50 of the Act or by the common law in certain circumstances.
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530.
Mei v. Canada (Citizenship and Immigration) - 2009 FC 1040 - 2009-10-14
Federal Court Decisions[17] In the case at bar, a number of factors tend to limit the requirements of the duty of fairness. [...] On this basis, this case is distinguishable from the decisions of this Court dealing with refugee and H&C applications. [...] A separate order will be made to deal with any proposal for a certified question.
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531.
Jazz Air LP v. Toronto Port Authority - 2006 FC 705 - 2006-06-06
Federal Court DecisionsStolport has refused to deal with Jazz unless it has entered into a CCOA with the TPA. [...] There are serious allegations being made of a conspiracy, as well as bad faith, and arbitrary and discriminatory conduct in commercial dealings. [...] [15] Accordingly, I find that the need for a full and fair determination of the issues by way of action outweighs whatever prejudice may arise to Jazz in so doing.
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532.
Ip v. Canada (Citizenship and Immigration) - 1997-09-26
Federal Court DecisionsI find convincing, however, counsel's argument that the failure to respond to his request for an extension of the 15 day period constituted a breach of the rules of procedural fairness. [...] If complaints about the brief time period can be rebuffed because a request for an extension of time was not requested, then, surely when a request has been made, and it is ignored, the conclusion has to be that a breach of procedural fairness occurred. [...] There was a breach of procedural fairness. I am not persuaded that no prejudice resulted for the applicant.
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533.
Gill v. Canada (Citizenship and Immigration) - 2020 FC 934 - 2020-09-28
Federal Court DecisionsNo mention was made of the documents submitted by Mr. Gill following the issuance of the procedural fairness letter. [...] • First, the procedural fairness issues: • (a) Did the second visa officer rely on the first visa officer’s findings without providing the Applicant with an opportunity to respond, in violation of the procedural fairness owed to the Applicant? [...] • (b) Did the issues with the interpretation during the first interview constitute a breach of procedural fairness?
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534.
A.B. v. Canada (Citizenship and Immigration) - 2013 FC 134 - 2013-02-07
Federal Court DecisionsTherefore, the Applicant submits that a high degree of procedural fairness is owed to him. [...] It is noteworthy that this last document indicates that the information provided by the Applicant to CSIS investigators during interviews can be used by officials when dealing with him. [...] [63] A reading of section 34 of the IRPA shows that the subsections deal with different serious scenarios.
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535.
Cruz v. Canada (Citizenship and Immigration) - 2016 FC 1114 - 2016-10-05
Federal Court DecisionsDid the Officer breach procedural fairness in processing the applicant’s permanent residency application? [...] It is therefore incumbent on the Department to adopt a flexible and constructive approach in its dealings with the Program’s participants. [...] [16] On the record before me, I must conclude that the duty of procedural fairness was satisfied in this case.
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536.
McLean v. Canada (Canada Revenue Agency) - 2007 FC 1072 - 2007-10-18
Federal Court Decisions10 fairness decision by letter dated November 16, 2006. 11 He denied relief. [...] 04 fair and reasonable manner. The 05 circumstances outlined by you in support [...] 09 In fairness to Mr. McLean, 10 before the Court today he did acknowledge that
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537.
I.M.P. Group ltd. v. Canada (Minister of Public Works and Government Services) - 2006 FC 1223 - 2006-10-13
Federal Court DecisionsIn this case there was a Fairness Monitor in place, at least most of the time. [...] MaxSys did not really deal with the question raised in this case: the length of time the entity had been in business. [...] However, as this point took up a great deal of argument, some comment is appropriate.
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538.
Peguis First Nation v. Bear - 2017 FC 179 - 2017-02-13
Federal Court DecisionsAt the conclusion of the meeting, Councillors asked to deal with a few community member requests. [...] [49] The meeting was called to deal with Band business, in particular the Audit Report. [...] The Councillors could have requested a special meeting for the purpose of dealing with BCR 38.
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539.
Kouka v. Canada (Citizenship and Immigration) - 2006 FC 1236 - 2006-10-17
Federal Court DecisionsIt is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention. [...] [27] When dealing with a new H&C application, an immigration officer naturally takes into account comments made in an earlier decision. [...] It is true that artful pleaders can find any number of errors when dealing with decisions of administrative tribunals.
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540.
Aird v. Country Park Village Properties (Mainland) Ltd. - 2004 FC 551 - 2004-04-13
Federal Court DecisionsAnalysis of Fair Market Rent [71] There is jurisprudence that deals with leases of First Nations land. [...] His efforts to rationalize his net taxes approach, by stating that he was dealing with a gross rent, were both unconvincing and unimpressive. [...] I will have more to say about the common area costs when I deal with the issue of additional expenses.
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541.
United Parcel Service of Canada v. Thibodeau - 2005 FC 608 - 2005-05-05
Federal Court DecisionsIt would then be up to the Commission to decide whether to proceed with dealing with the complaint or not. [...] Accordingly, this means that it intended the Commission to be able to deal with a complaint during or after exhausting the grievance procedure (41(1)(a)). [...] 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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542.
Ngo v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1150 - 2002-11-07
Federal Court Decisions1. Did the Program Manager have jurisdiction to deal with the application on H & C grounds? [...] i) Did the Program Manager have jurisdiction to deal with the application on H & C grounds? [...] [29] This was sufficient, in my view, to make applicable those provisions of the Regulations which deal with assisted relatives.
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543.
Sanofi Pasteur Limited v. Canada (Attorney General) - 2008 FC 286 - 2008-03-04
Federal Court DecisionsThe Board proceeded to deal with the motions in the order the Board Chairperson had proposed. [...] Would he think that it is more likely than not that [the decision maker], whether consciously or unconsciously, would not decide fairly.” [...] Regardless of what decision the Board makes on the merits of the Proceeding, the fundamental flaw in the fairness will remain.
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544.
Fisehaye v. Canada (Citizenship and Immigration) - 2022 FC 1358 - 2022-09-28
Federal Court DecisionsDid the Officer fail to observe principles of procedural fairness? B. [...] [48] On issues of procedural fairness, the standard of review is correctness. [...] The Applicant suggests the Officer did not deal with this evidence because they believed she left Eritrea for economic reasons.
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545.
Gonzales v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 10 - 2018-01-08
Federal Court DecisionsThis section also notes that, though the applicant had no convictions for a significant period, he admits that he was dealing drugs for financial gain during some of that time. [...] [19] The applicant’s arguments concerning procedural fairness can be identified as follows: [...] B. Procedural Fairness Issues (1) Procedures for Considering Inadmissibility of a Long Term Permanent Resident
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546.
Rezaei v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1259 - 2002-12-05
Federal Court Decisions[21] Procedural fairness and natural justice were discussed on two fronts. [...] (b) prescribing a system of priorities for dealing with matters before the Refugee Division, Appeal Division or Adjudication Division; [...] We are dealing here with the powers of an administrative tribunal in relation to its procedures.
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547.
Leblanc v. Canada (Attorney General) - 2010 FC 688 - 2010-06-23
Federal Court Decisions[21] Based on the above, I find that the duty to act fairly was not breached by the Minister in rendering the fairness decision. [...] He submits that the taxation years 1998, 1999 and 2000 were captured by the Settlement Agreement by counsel for the Ministers on October 24, 2002, to help “close the deal.” [...] The applicant argues that the Minister included the 1998, 1999 and 2000 taxation years to close the deal with the applicant on October 24, 2002.
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548.
Shiferaw v. Canada Post Corporation - 2011 FC 1046 - 2011-09-02
Federal Court DecisionsThis grievance resulted in a commitment by Canada Post to treat all employees in a fair and reasonable manner, and to remove the offending letters from Mr. Shiferaw’s file. [...] [20] The Commission clearly treated the parties fairly, having given both of them an opportunity to review the investigator’s report and make submissions on it. [...] 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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549.
Canada (Attorney General) v. Watkin - 2007 FC 745 - 2007-07-13
Federal Court Decisions1. Whether the Commission has the jurisdiction to deal with the complaint against Health Canada. [...] The initial Tribunal concluded that it did have the jurisdiction to deal with the complaint. [...] Accordingly, it is unnecessary to deal with the issue of whether or not Health Canada is a “service provider” within the meaning of section 5 of the Act, or whether the applicant’s procedural fairness rights were breached by the Commission.
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550.
Mcleod Lake Indian Band v. Chingee - 1998-05-08
Federal Court DecisionsI turn now to Parts B, C, and D of the Plaintiffs' motion, dealing with answers to questions from the discoveries of those three defendants. [...] [19] That portion of the motion dealing with further particulars is dismissed. [...] The Defendants, Gilbert Chingee and Victor Chingee, shall answer those questions dealing with financial matters which are set out in the motion.