7,644 result(s)
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751.
Jacko v. Cold Lake First Nation - 2014 FC 1108 - 2014-11-21
Federal Court Decisions5. Did the Appeal Committee breach the duty of procedural fairness? V. STANDARD OF REVIEW [...] (5) Procedural Fairness [37] The Applicant submits that a duty of procedural fairness is incumbent on every public authority making an administrative decision affecting the rights, privileges or interests of an individual: Canada (Attorney General) v Mavi, 2011 SCC 30 at para 38 [Mavi]. [...] Section 7 of the Election law deals with protests about “a person’s nomination.” This may well involve eligibility considerations but it only refers to the nomination process.
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752.
Garvey v. Meyers Transport Ltd. - 2004 FC 1712 - 2004-12-09
Federal Court Decisions(t)he rule of procedural fairness requires that a complainant know the substance of the case against him or her. [...] [15] The Applicant notes that the CHRC did not deal with disability in its decision. [...] [17] In light of these points, it was reasonable for the CHRC itself not to deal with the allegation of discrimination based on disability.
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753.
Canada v. Chamas - 2006 FC 1548 - 2006-12-22
Federal Court DecisionsFirst, he contends that the Agency conducted a secret investigation in contravention of the rules of procedural fairness and principles of openness. [...] The initial letter of September 15, 2005, requested a meeting to discuss his residency status and his different commercial dealings in Canada. [...] The Agency did not violate the principles of procedural fairness and openness in the circumstances.
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754.
Mckinnon v. The Canadian Human Rights Commission - 2001 FCT 979 - 2001-08-31
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 [...] Procedural Fairness [19] The applicants state that they were denied procedural fairness, although this point was not pressed during oral submissions. [...] The Commission fully complied with the requirements of procedural fairness.
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755.
Pothier v. Canada (Attorney General) - 2021 FC 979 - 2021-09-22
Federal Court DecisionsMoreover, the order sought will have minimal impact on procedural fairness and court openness. [...] While Sherman deals with the disclosure of highly personal “biographical information”, it does not preclude consideration of other types of risk. [...] In this case, it is not clear why or how redaction of this information would deprive the applicant of a fair hearing.
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756.
Dupuis v. Canada (Attorney General) - 2016 FC 1137 - 2016-10-12
Federal Court DecisionsThis involves a question as to the thoroughness of the investigation, which is a question of procedural fairness. [...] [48] In Slattery, above, this Court discussed the content of the duty of fairness required of Commission investigations. [...] Consequently, I am of the view that the investigator did not breach the principles of procedural fairness by failing to follow up on this evidence with Mr. Dupuis.
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757.
Sofina Foods Inc. v. Canada (Attorney General) - 2015 FC 47 - 2015-01-13
Federal Court Decisions[15] Section 6 of the Import Allocation Regulations deals with these considerations: [...] Such guidelines allow the agency in question to deal with a specific problem proactively and help applicants affected by that problem predict how the agency will likely deal with it [...]. [...] E. Issue 4: Whether DFAIT breached the obligation of fairness it owed to the Applicants
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758.
Wax v. Canada (Attorney General) - 2006 FC 675 - 2006-06-01
Federal Court DecisionsThis last argument was not brought up to the attention of Mrs. Gouin and therefore, she did not have to deal with it. [...] [14] There were a fair number of demands made by the Applicant to review the calculations of interests. [...] After all, the CCRA has the duty and obligation to make sure that the ITA is applied in a fair, uniform and equitable way for all taxpayers.
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759.
Moghadam v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1433 - 2003-12-09
Federal Court Decisions6. Did the Board breach the principles of fairness and of legitimate expectations in relation to its findings concerning the applicant's oral evidence? [...] [32] I propose to deal first with Issue 4. Did the Board fail to deal with a ground of persecution? [...] [37] Because of my finding on Issue 4, I will not deal with the other issues.
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760.
Gorgulu v. Canada (Citizenship and Immigration) - 2023 FC 23 - 2023-01-05
Federal Court DecisionsHe does not argue that the decision was made in breach of the requirements of procedural fairness. [...] The reviewing court reviews the legality, rationality, and fairness of what the decision maker has done. [...] IRCC personnel who deal with PRRA applications cannot be expected to understand documents that are not written in English or French.
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761.
Siddoo v. International Longshoreman’s Warehousemen’s Union, Local 502 - 2017 FC 678 - 2017-07-12
Federal Court DecisionsIn any area of the law we turn our attention to, we find ourselves dealing with the reasonable, reasonableness or rationality. [...] [66] These paragraphs do not establish a basis for finding a breach of procedural fairness. [...] [71] Section 7, 9 and 10 deal with discrimination relative to employment.
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762.
Jackson v. Piikani First Nation - 2021 FC 246 - 2021-03-22
Federal Court DecisionsThis decision was only a preliminary step in the administrative process created for dealing with removal petitions. [...] He also highlights several breaches of procedural fairness. [16] However, the fact that an applicant raises jurisdictional or procedural fairness issues does not, in itself, give rise to exceptional circumstances justifying the intervention of the Court before the administrative process is completed: CB Powell, at [...] [19] As I am staying the application, it is not necessary to deal with Councillor Jackson’s motion.
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763.
Lavoie v. Canada (Correctional Service) - 2001 FCT 686 - 2001-06-21
Federal Court DecisionsThe plaintiff also explained what he meant by an impartial, fair and equitable system and set out the various things he wishes to see in such a system. [...] Those sections deal with the grievance settlement procedure.) [8] However, as we saw earlier, the plaintiff did not claim in his application that ss. 74 to 82 were enacted ultra vires. [...] However, the sections of the Regulations in question deal with a grievance settlement procedure and it does not appear to the Court that it can be said that these sections have "ongoing application" to the plaintiff.
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764.
Copello v. Canada (Minister of Foreign Affairs) - 1999-10-29
Federal Court DecisionsIt is also important that any supplementary affidavit neither deal with material which could have been made available at an earlier date nor unduly delay the proceedings. [...] Indeed, the stated grounds of the application are the Minister"s failure to observe the principles of natural justice and procedural fairness. [...] to "assist the Court in dealing with the Minister"s failure to observe and respect the relevant rules of international law, internal human rights, the most basis principles of natural justice, the Canadian Charter of Rights and Freedom , the rules of procedural fairness and certain articles of the Vienna Convention".
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765.
Oladele v. Canada (Citizenship and Immigration) - 2017 FC 851 - 2017-09-20
Federal Court Decisions[1999] 2 SCR 817 [Baker], the Supreme Court of Canada (“SCC”) held that procedural fairness in H&C applications requires a full and fair consideration of the issues, and a meaningful opportunity to present the various types of evidence relevant to their case and have it fully and fairly considered (Baker, at para 32). [...] [40] Therefore, the actions of the Officer did not cause a breach of procedural fairness by the Delegate. [...] Nor were Grace’s interests “‘...well identified and defined’ and examined ‘with a great deal of attention’ in light of all the evidence” (Kanthasamy at para 39).
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766.
A.B. v. Canada (Minister of Citizenship and Immigration) - 1997-11-10
Federal Court DecisionsFollowing an initial inquiry in July 1996 which did not deal with the Minister's serious allegations, the applicant was ordered released from detention on July 30, 1996. [...] For the reasons set out in dealing with the respondent's motion to strike the statement of claim, I also dismiss the applications in both Court files IMM-2156-96 and IMM-2157-97. [...] In each of Court files IMM-2156-97 and IMM-2157-97 an order will issue, dismissing each application by A.B., and dealing with any questions proposed for consideration by the Court of Appeal pursuant to s-s.83(1).
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767.
Detorakis v. Canada (Attorney General) - 2009 FC 144 - 2009-02-11
Federal Court DecisionsFor Mr. Detorakis’ benefit and for the information of the judges who will deal with the remaining steps in this proceeding, I will set out my reasons for disposing of the motions at some length. [...] We remain at the disposal of the Court with respect to any direction the Court may issue in dealing with this matter. [...] [47] As submitted by the respondent, legitimate expectation is an aspect of procedural fairness.
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768.
Lill v. Canada - 2023 FC 1364 - 2023-10-13
Federal Court DecisionsWhen dealing with a judicial review, it is not a matter of requesting the disclosure of any document which could be relevant in the hopes of later establishing relevance. [...] [21] It is in this context that we find section 317 of the Rules dealing with the request for disclosure of material. [...] It remains unclear what “procedural fairness” the applicant was referring to.
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769.
Pacific Pants Company Inc. v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1050 - 2008-09-18
Federal Court Decisions[20] Adjudicator Joanne Lepage was appointed to deal with the file sometime in late 2004 replacing Adjudicator Regan. [...] 9 As to fairness, I do not purport to list exhaustively the circumstances in which allowing or not allowing new evidence might be unfair. [...] However, I am of the view, the Respondent should have reacted more quickly when it became apparent fairness in the process had suffered.
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770.
HB Lynch Investments Inc. v. Canada (Minister of Public Works adn Government Services) - 2004 FC 747 - 2004-05-21
Federal Court Decisions[3] To this stage, PWGSC had been dealing with Mr. Hugh B. Lynch who is, as indicated in an extract from the Nova Scotia Registry of Joint Stock Companies filed in these proceedings, the President, Secretary, Treasurer and sole Director of the applicant corporation. [...] H B Lynch complained that PWGSC had not properly exercised its discretion in disqualifying both of its offers for being non-compliant and that it was not accorded fair treatment in the tender process. [...] The Leasing Officer therefore did not err in law or deal with the applicant unfairly in applying this provision strictly and determining that the applicant's offers were non-compliant.
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771.
Nacsa v. Canada (Minister of Citizenship and Immigration) - 2004 FC 91 - 2004-01-22
Federal Court Decisions[9] The applicants argue that the officer did not assess their application in accordance with the principles of procedural fairness. [...] The applicants say that the officer should have referred to case law from this court dealing with the issue of state protection in Hungary. [...] Procedural fairness also requires that decisions be made free from a reasonable apprehension of bias by an impartial decision-maker.
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772.
Sawridge Band v. Canada - 2006 FC 1218 - 2006-10-12
Federal Court DecisionsThe only answer I was given was “But when you deal with Mr. Henderson’s comments about the issues, what I say to you is forget about them. [...] [84] The short answers to these concerns are fairly obvious given the way these actions have evolved over a long period of time, and the Court must remain consistent with its previous rulings. [...] Fairness dictates that they now submit themselves to the trial process at the appointed time.
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773.
Ka’a’gee Tu First Nation v. Canada (Indian Affairs and Northern Development) - 2007 FC 764 - 2007-07-20
Federal Court DecisionsThe Board stressed that it had used a fair process and requested that the Minister collaborate with it in making the appointment. [...] The Applicants maintain that acting without, beyond or refusing to exercise jurisdiction under paragraph 18.1(4)(a), is a separate ground of review than that provided for in paragraph 18.1(4)(b) which deals with failure to observe the principles of natural justice or procedural fairness. [...] Since my above finding is determinative, I find it unnecessary to deal with the other issues raised by the Applicants in this application.
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774.
1395804 Ontario Ltd. (Blacklock’s Reporter) v. Canada (Attorney General) - 2016 FC 719 - 2016-06-27
Federal Court DecisionsThese common defences are: whether Blacklock owns the copyright in the articles alleged to have been infringed; the novel defence of abuse of copyright; the defence of fair dealing when articles are copied/used for internal government reporting purposes; the proper assessment of damages (whether they be loss of profit [...] This overlap includes the ownership of copyright by Blacklock, the defences of copyright misuse and fair dealing, as well as the proper assessment of damages and the availability of punitive damages. [...] Similarly, while the questions relating to damages, the value of Blacklock’s license for its product and the defence of fair dealing are questions where the factual assessment of the evidence will play a role, they raise comparable underlying legal questions that can be determined and that could be narrowed in the Finance
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775.
Tehrankari v. Canada (Correctional Service) - 2000-04-13
Federal Court DecisionsI find that the responses that were provided to you at the previous levels were fair and thorough. [...] Section 24 deals with primary facts; this point will be expanded on later. [...] I note, however, the provision she was examining was not section 24 but section 26 dealing with disclosure to victims.