7,644 result(s)
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651.
CanXpress v. Reagan - 2003 FCT 739 - 2003-06-12
Federal Court DecisionsHowever, I gather that at the time CanXpress was not equipped to deal with such employee problems. [...] I propose to deal with them in the following order. 13. Did the adjudicator err in finding that the respondent had been unjustly dismissed? [...] Where the alleged errors concern questions of law, relate to a breach of procedural fairness, or deal with the jurisdiction of an adjudicator, then the applicable standard of
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652.
Bonilla v. Canada (Minister of Citizenship and Immigration) - 2001-01-12
Federal Court Decisions[27] I wish to deal with the issues as follows: 1. What is the standard of review to be applied in the review of the visa [...] This judicial review deals only with that part of the visa officer's decision which discusses subparagraph (b)(iii). [...] [34] I do not find it necessary to deal with Issue 4 as this issue was dealt with by my
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653.
Sellathurai v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 1082 - 2010-11-03
Federal Court DecisionsThe Applicant argues that s.38 of CEA is the only vehicle to deal with the Disputed Documents in this case. [...] IRPA contains a statutory scheme specifically designed to deal with the non-disclosure of information within the immigration context. [...] The Applicant submits that, in this case, considerations of fairness require the appointment of a special advocate.
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654.
Public Service Alliance of Canada v. Canada (Attorney General) - 2020 FC 481 - 2020-04-03
Federal Court DecisionsIf the decision could be judicially reviewed, the issues would be whether the decision is reasonable and/or procedurally fair. [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] VII. Whether ESDC’s Decision is Reasonable or Procedurally Fair Need Not be Addressed
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655.
Natt v. Canada (Citizenship and Immigration) - 2009 FC 238 - 2009-03-04
Federal Court Decisions[11] While the applicant raises three issues in this application, the Court only needs to deal with one issue: [...] [14] Issues relating to natural justice and procedural fairness will be reviewed on a correctness standard. [...] [19] The Court does not need to deal with any of the points raised above.
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656.
Opee v. Canada (Citizenship and Immigration) - 2022 FC 1636 - 2022-11-28
Federal Court Decisions[47] I am also satisfied the RPD complies with RPD Rules and duty of fairness. [...] [55] I have decided to deal with the application on the merits, and that it will be dismissed. [...] [57] It is not necessary to deal with this issue because judicial review will be dismissed.
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657.
Ayangma v. Canada (Attorney General) - 2010 FC 1194 - 2010-11-26
Federal Court Decisionsv. breaching the principles of procedural fairness and natural justice, by failing to conduct a thorough, fair and neutral investigation and analysis of his complaints. [...] 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 [...] E. Did the Commission breach the principles of procedural fairness and natural justice by failing to conduct a thorough, fair and neutral investigation and analysis of his various complaints?
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658.
Thamotharem v. Canada (Minister of Citizenship and Immigration) - 2006 FC 16 - 2006-01-06
Federal Court DecisionsCertain powers of the Board are set out in sections 162 to 169; these powers apply to all Divisions of the IRB. Under subsection 162(2), the Board is required to deal with all proceedings before it "as informally and quickly as the circumstances and the 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. [...] [112] Guideline 7, unlike guidelines that deal with general policy considerations applicable to substantive decisions, deals essentially with procedure in the conduct of the hearing.
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659.
Mehrabani v. Canada (Minister of Citizenship and Immigration) - 2000-03-02
Federal Court DecisionsSubj has not displayed a great deal of initiative or motivation to prepare himself for new life in CDA. Fairly passive. [...] Paragraph 5 of his affidavit deals with personal suitability and reads: [...] I noted in this respect that he has been fairly passive, relying on limited information from friends.
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660.
Katoch v. Canada (Attorney General) - 2024 FC 744 - 2024-05-15
Federal Court DecisionsCFIA’s Policy, the Code, the Regulations and the collective agreement between the Institute and the CFIA. The Applicant also claimed that the investigator failed to “act fairly and in accordance with the rules of natural justice” and to conduct the investigation in a “fair, balanced, unbiased or otherwise appropriate way”. [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] Although the alternative administrative procedure need not be equivalent or provide a better remedy, it must deal “meaningfully and effectively with the substance of the employee’s grievance”.
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661.
N.M. Paterson & Sons Ltd. v. The St. Lawrence Seaway Management Corp. - 2004 FC 627 - 2004-04-28
Federal Court Decisions[13] As for question 25, it deals in fact with three sub-questions which are: [...] I am of the view that all those factual elements render question 26 a fair and relevant question. [...] [21] Question 28 deals with two sub-questions which read: 28(1) The fleet is assumed to be worth $15 million.
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662.
Universal Graphics Ltd. v. Canada - 1997-08-18
Federal Court DecisionsIt may be that Lord Diplock's broader formation of the rule, with two separate and alternative branches, requiring either intentional and contumelious default or inexcusable delay giving rise to a substantial risk that a fair trial will not be possible (page 259) is now the more relevant as it allows more freedom to deal [...] They are far too lenient to deal effectively with excessive delays. Moreover, they then breed excessive further delays and costs in their application." [...] [1]The passage to which Lord Justice Evans refers deals with the power to strike out under O.25, r. 1:
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663.
Priest v. Canada (Attorney General) - 2022 FC 1598 - 2022-11-22
Federal Court DecisionsWas there a breach of procedural fairness? i. Is the Individual Feedback process procedurally fair? [...] Was the Individual Feedback process conducted in a procedurally fair manner? [...] He says that the Individual Feedback decision must be overturned because his manager did not deal with his essential claim.
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664.
Astral Media Radio Inc. v. Society of Composers, Authors and Music Publishers of Canada - 2008 FC 1198 - 2008-10-24
Federal Court DecisionsAs to compensations in kind, paragraph 2(a), which provide that goods and services are valued at their fair market value, is sufficient to deal fairly with all the other concerns raised in this respect. [...] This action deals with the revenue radio stations receive directly from advertisers. [...] Mr. Young’s affidavit deals primarily with the ways in which radio stations earn advertisement revenue and the types of contracts into which they enter.
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665.
Mahjoub (Re) - 2013 FC 1097 - 2013-10-25
Federal Court DecisionsThe act of designating certain judges of the Court to deal with Division 9 matters cannot in and of itself be viewed as affecting judicial independence. [...] [54] It was open to Parliament to provide as it did and require the designation of certain judges to deal with Division 9 matters. [...] To find otherwise would violate the named person’s right to a fair trial.
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666.
Russo v. Canada (Transport) - 2011 FC 764 - 2011-06-23
Federal Court DecisionsWe do not concur with the applicant’s probation officer’s statement that Mr. Russo shows a great deal of respect toward the criminal justice system. [...] The Minister’s Duty of Fairness Was Minimal [41] The Respondent argues that the Minister’s duty of fairness was minimal in the instant case for two reasons. [...] 11 There are a surprising number of cases dealing with persons employed at airport facilities and security clearance issues.
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667.
Brass v. Canada - 2011 FC 1102 - 2011-09-30
Federal Court Decisions• 7) the impact on the fairness, both actual and perceived, of the processes of the Court. [...] • [87] Most significant is the final two factors listed above: both speak to fairness. [...] The law then says that in fairness and consistency, it must be entirely waived.
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668.
Budget Steel Ltd. v. Seaspan 175 (The) - 2003 FCT 390 - 2003-04-01
Federal Court Decisions68] While fair and orderly procedure is essential, so is reaching a correct result on the merits. [...] The Court decided that fairness and justice required that the case be re-opened at the trial level. [...] [19] The Plaintiff refers to a number of cases, in various courts, dealing with applications for default judgment and setting aside default judgments and several cases in this Court dealing peripherally with extensions of time for filing a defence.
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669.
Joseph v. Dzawada’enuxw (Tsawataineuk) First Nation - 2013 FC 974 - 2013-09-24
Federal Court Decisions[24] On procedural fairness, the respondents argue the procedural irregularities did not amount to a breach of fairness. [...] I remain seized to deal with these matters and any other remaining matters. [...] [68] Because of my finding on Issue 4, I need not deal with Issues 2 and 3.
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670.
Rainy River First Nations v. Bombay - 2022 FC 1434 - 2022-10-20
Federal Court Decisionsa. Did the Applicant waive its right to raise a breach of procedural fairness before this Court? [...] The focus of the reviewing court is focused on whether the process was fair, bearing in mind the duty of procedural fairness is variable, flexible and context-specific: Vavilov at paragraph 77. [...] [47] The exhibits in Ms. Baker’s Affidavit that deal with notes from the hearing are double hearsay, which is a violation of Rule 81.
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671.
Dobson v. Canada (Attorney General) - 2007 FC 565 - 2007-05-29
Federal Court DecisionsThese provisions were enacted to administer the tax system more fairly, to use the words of Justice Paul Rouleau in Kaiser v. Minister of National Revenue (1995), 95 DTC 5187 at page 5188, “by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond [...] [20] Before dealing with Mr. Dobson’s arguments, a few preliminary matters must be disposed of. [...] The first decision was in respect of Mr. Dobson’s first fairness request.
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672.
Chambers v. Canada (Transport) - 2017 FC 698 - 2017-07-18
Federal Court DecisionsA. Was the Minister’s decision procedurally fair? B. Was the Minister’s decision reasonable? [...] Once all of the information is gathered, the Advisory Board meets to deal with multiple files and on each file makes a recommendation to the Minister to either cancel or refuse the applicant’s security clearance. [...] [37] I will not deal with the issue of whether the decision was reasonable as this particular breach of procedural fairness is such that the matter should be re-determined.
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673.
Mahroozadeh v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 425 - 2002-04-12
Federal Court DecisionsIn Haghighi, supra, an immigration officer, when dealing with an H & C application, requested and received a risk assessment from a PCDO. That is not the situation in the present case. [...] I do not agree that there has been a breach of the duty of procedural fairness. [...] The PCDO referred to IRN33937.FE, a document dealing with Iran which was dated March 3, 2000.
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674.
Moussa v. Canada (Public Service Commission) - 2007 FC 884 - 2007-09-05
Federal Court DecisionsThe CHRC refused to deal with his complaint on the basis that it could properly be dealt with by a procedure provided for under another Act of Parliament. [...] I do not see how the investigator could be criticized in terms of fairness by coming to this conclusion. [...] As indicated, the selection of witnesses and the lack of cross-examination do not evidence bias or lack of fairness.
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675.
François v. Canada (Attorney General) - 2017 FC 154 - 2017-02-08
Federal Court DecisionsFrançois had been aggrieved due to a breach in procedural fairness during the AR process. [...] 29.11 The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] However, this infringement of the duty of fairness has been repaired through the CAF grievance process.