7,644 result(s)
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676.
Fabian v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1527 - 2003-12-30
Federal Court Decisions11. In this case, the new evidence was not of sufficient importance or probative value that the duty of fairness required the PCDO to deal with it expressly in her reasons. [...] There is nothing to suggest that the Minister's Delegate left material considerations out of account or dealing with rehabilitation. [...] In dealing with forged passports, he could be assisting terrorists and other criminals to enter Canada.
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677.
Zaytoun v. Canada (Canadian Food Inspection Agency) - 2008 FC 502 - 2008-04-17
Federal Court DecisionsThe decision to conduct interviews and administer a written examination for related spouses on subsequent days tainted the hiring process and breached the Agency’s values of fairness and competency. [...] And the nature of his approach to this issue in his Decision suggests to me that he was not dealing with particular facts or evidence on this issue but was drawing upon his personal intuition as a person and a lawyer. [...] It may be that the Reviewer did have experience that was pertinent to the kind of problem he was dealing with here concerning spousal behaviour and perceptions of fairness but, if so, it is not revealed on the record.
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678.
Couchiching First Nation v. Canada (Attorney General) - 2012 FC 772 - 2012-06-18
Federal Court Decisions[3] Given my conclusion with respect to the main application it is unnecessary to deal with the Applicant’s Motion to Strike the Respondent’s Record. [...] This resulted in a breach of procedural fairness that on its own warrants intervention by this Court. [...] [33] Given my findings that the Adjudicator applied the incorrect legal test and breached procedural fairness in failing to hear the issue of the cause for dismissal, it is unnecessary for me to deal with the correct interpretation of the CFN Personnel Policy.
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679.
Hernandez Aguilar v. Canada (Citizenship and Immigration) - 2012 FC 561 - 2012-05-09
Federal Court Decisions[9] In dealing with this preliminary issue, the RPD held that the principal applicant had provided contradictory information. [...] [10] After reviewing the facts and dealing with the preliminary issues, the RPD concluded that the applicants were not credible on the basis of their late filing of documents that should have been filed on June 1, 2011. [...] Did the RPD breach procedural fairness by refusing to adjourn the hearing?
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680.
De Vega v. Canada (Minister of Citizenship and Immigration) - 1998-12-16
Federal Court DecisionsAgain there is no reference to the long vacation, or "summer recess" as it is now called, in Rule 6, which deals with the computation of time. [...] Federal Court Rule 404, dealing with the liability of a solicitor for costs and the opportunity to be heard on the point, is not inconsistent with Immigration Rule 22. [...] Thus the portion of each of the 15 October 1998 Orders, dealing with costs, is vacated as a result of a matter which was accidently overlooked.
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681.
Thibodeau v. Halifax International Airport Authority - 2019 FC 1149 - 2019-09-09
Federal Court DecisionsWe are now dealing only with the affidavits of July 15 and 19, 2019. C. Cross-examination on the July 15 and 19 affidavits [...] In addition, the passages cited by the applicant deal with the duty of confidentiality owed to the Commissioner and his staff. [...] The amount of $1,000 seems fair in the circumstances. ORDER in T-1510-17
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682.
Law Society of Upper Canada v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1489 - 2006-12-13
Federal Court Decisions91. Les règlements peuvent prévoir qui peut ou ne peut représenter une personne, dans toute affaire devant le ministre, l’agent ou la Commission, ou faire office de conseil. [...] That Court also determined at paragraphs 59 through 67 that the federal government could deal with/ascertain the representation of others, for a fee, to be undertaken by persons other than lawyers. [...] Taking this approach, it can be seen that the Regulations conform to the statute, they state who may represent persons in dealing with IRPA and before the board.
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683.
Noellien v. Canada (Citizenship and Immigration) - 2018 FC 1010 - 2018-10-10
Federal Court DecisionsWas there a breach of procedural fairness? B. Is the RPD’s decision unreasonable because: [...] [15] The applicants’ procedural fairness issue will be reviewed against a standard of correctness. [...] It was in this unique circumstance that the court noted the “Board took care in dealing with the two cases, to deal with them separately, [and to] render separate reasons in each case” (Asfaw at para 5).
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684.
Cox v. Canada (Citizenship and Immigration) - 2012 FC 1220 - 2012-10-19
Federal Court Decisions(a) Was the Board’s exclusion of the post-hearing evidence a breach of procedural fairness? [...] [26] I am not satisfied that the Board met its procedural fairness obligations in this case. [...] A failure to do so gives rise to a breach of procedural fairness. [28] As the application for judicial review is granted on the basis of procedural fairness alone, I find it unnecessary to address the second issue.
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685.
Za’Rour v. Canada (Citizenship and Immigration) - 2007 FC 1281 - 2007-12-06
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. [...] However, in my opinion the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness. [...] However, in my opinion, the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness.
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686.
Rusli v. Canada (Citizenship and Immigration) - 1997-02-27
Federal Court DecisionsA) The Visa Officer Violated the Rules of Procedural Fairness and Natural Justice [...] In the letter dated February 1, 1996, the visa officer had explicitly mentioned Section 94(1)(k) of the Immigration Act, a section of the law dealing with enforcement offences and punishment. [...] A) Did The Visa Officer Violate the Rules of Procedural Fairness and Natural Justice?
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687.
Momi v. Canada (Minister of Citizenship and Immigration) - 2006 FC 738 - 2006-06-12
Federal Court Decisions[28] I shall deal with each of these conditions in turn. a) Reasonable Cause of Action [...] If material differences emerge, the court can deal with them when the time comes. [...] (i) would fairly and adequately represent the interests of the class,
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688.
To-Thanh-Hien v. Canada (Attorney General) - 2004 FC 1497 - 2004-10-25
Federal Court DecisionsThe Commission has a number of options in dealing with the report, as set out in section 44, as follows: [...] Contrary to the submissions of the Applicant, the Commission did not deal with a question of law or an interpretation of a statute. [...] [48] The Applicant, however, has also raised the issue of procedural fairness.
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689.
Bartley v. Canada (Commissioner of Patents) - 2011 FC 873 - 2011-07-12
Federal Court Decisionsb. the process used by the Patent Office in this case was procedurally fair? [...] [61] Section 21.06 of MOPOP deals with the review by the Patent Appeal Board: [...] (6) Lorsque le refus n’est pas annulé selon le paragraphe (5), le commissaire en fait la révision et le demandeur se voit donner la possibilité de se faire entendre.
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690.
Canada Post Corporation v. Wighton - 2006 FC 275 - 2006-03-02
Federal Court DecisionsOn October 25, 2004 the CHRC advised the CPC that it was going to deal with the complaint, the decision which is challenged here. [...] However it is argued that she could have brought a grievance against her union for failure to represent her fairly. [...] [23] For these reasons I will dismiss the application of the CPC to set aside the decision of the CHRC to deal with this complaint.
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691.
Girouard v. Canada (Attorney General) - 2019 FC 434 - 2019-04-09
Federal Court DecisionsIn other words, flexibility is the operative word in dealing with motions to intervene. [...] In the absence of a fair hearing the majority opinion should not stand and these proceedings should be discontinued. [...] The parties and the Court can deal with these issues in full knowledge of the facts.
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692.
KHARRAT v. Canada (Citizenship and Immigration) - 2007 FC 842 - 2007-08-14
Federal Court Decisions[18] On the other hand, if the Court finds that there was a breach of procedural fairness, the application for judicial review will be allowed since it is settled law that the appropriate standard of review for questions of natural justice and procedural fairness is correctness (Canadian Union of Public Employees (C.U.P.E.) [...] However, these cases deal with issues in an IAD decision or a danger opinion. [...] However, in Pinter, Chief Justice Lutfy found that the officer had decided that she was not required to deal with risk factors in her assessment of the humanitarian and compassionate application.
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693.
Endicott v. Canada (Treasury Board) - 2005 FC 253 - 2005-02-16
Federal Court DecisionsIt will be noted that A/Commander White does not address the "formal notification" question nor does he deal with the applicability of the 2003 policy, the matters actually grieved. [...] It was clearly a directive by Treasury Board as to how departments should deal fairly with their employees. [...] It should be noted in this case that she was not dealing with a substantive issue but only the question of jurisdiction of the Court.
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694.
Boudreault v. Canada (Customs and Revenue Agency) - 2002 FCT 84 - 2002-01-28
Federal Court Decisions[8] On line 476 of her tax return for 1997, dealing with tax paid by instalments, the plaintiff entered the amount of $25,000 and claimed a tax rebate amounting to $25,310. [...] [para 8] 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 [...] [30] Further, in paragraph 6 of Diane Mongrain's affidavit she writes that not only did she consult Information Circular IC92-2, she also consulted the policy titled "Application of Fairness Provisions to Interest and Penalty" dated March 1996.
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695.
Iordanov v. Canada (Minister of Citizenship and Immigration) - 1998-03-18
Federal Court Decisionsof evidence which can be presented at CRDD hearings: evidence which is specific to the applicant's claim and which corroborates the applicant's evidence and evidence which is general in form (documentary evidence) and does not specifically deal with the applicant's claim, but which generally deals with country conditions. [...] To deal with this issue, it is necessary to determine whether such an undertaking was made and whether the CRDD failed to fulfil its undertaking. [...] The tribunal fell short of its duty to be fair and to evince natural justice, by not even mentioning whether it did in fact view the video as promised, or even to say what it made of the video.
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696.
Stanfield v. Canada (Minister of National Revenue) - 2004 FC 584 - 2004-04-20
Federal Court Decisions[52] Question 69 deals with a different aspect of the April 2001 meeting. [...] This deals with the secondment of Mr. Kuhn to the Investigations Division. [...] All the more so in that the question deals with a decision as to penalties which has not been made.
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697.
Hébert Estate v. Canada (Attorney General) - 2021 FC 1076 - 2021-10-15
Federal Court Decisions[55] I will therefore deal with her arguments. However, in any event, as detailed below, my review of the evidence on the record and the case law leads me to conclude that the principles of procedural fairness were respected. [...] [61] In Waycobah FCA, the FCA made it clear that the Act prescribes no procedure for dealing with requests for tax debt remission. [...] [62] The next step is to establish the applicable standard of review, although the term is not always considered entirely appropriate when dealing with natural justice and procedural fairness.
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698.
Garrick v. Amnesty International Canada - 2011 FC 1099 - 2011-09-29
Federal Court Decisionsd) The structure of the teams dealing with matters related to detainee hearings and information; [...] 250.26 (1) The Provost Marshal is responsible for dealing with conduct complaints. [...] (2) Il peut faire tenir une enquête malgré le retrait de la plainte.
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699.
Gale v. Treasury Board - 2002 FCT 1084 - 2002-10-18
Federal Court DecisionsSection 100.2 of the Labour Code does give a grievance arbitrator complete autonomy in dealing with points of evidence and procedure; but the rule of autonomy in administrative procedure and evidence, widely accepted in administrative law has never had the effect of limiting the obligation on administrative tribunals to [...] As Lamer C.J. held in Larocque, supra, the rejection of relevant evidence must have an impact on the fairness of the proceeding such that it leads unavoidably to the conclusion that there has been a breach of procedural fairness. [...] [28] Considering the conclusion I have reached, it is not necessary to deal with the issue of the appropriate remedy.
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700.
Singh Gill v. Canada (Citizenship and Immigration) - 2011 FC 447 - 2011-04-12
Federal Court Decisions[6] I shall deal first with the alleged breach of procedural fairness. [...] As discussed at the hearing, procedural fairness does not occur in a vacuum, rather it is context dependent (Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 at paragraphs 21-22; Ha v Canada (Minister of Citizenship and Immigration), 2004 FCA 49 at paragraph 40). [...] There was therefore no need for the RPD to deal with it. [11] In conclusion, the decision taken as a whole is within the range of possible, acceptable outcomes based on the evidence before the RPD. The RPD did not breach its duty of procedural fairness towards Mr. Gill.