7,644 result(s)
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776.
Alkhoury v. Canada (Citizenship and Immigration) - 2020 FC 153 - 2020-01-28
Federal Court Decisions[7] The RPD decision deals with several issues associated with this history, and the fact that the PA could have claimed refugee status elsewhere. [...] [12] Issues of procedural fairness are inherently fact-based. The question is whether, in light of all of the circumstances, the person was treated fairly. [...] [16] In light of this, I am satisfied that the overall procedure was fair.
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777.
Mueller v. Canada (Attorney General) - 2000-09-18
Federal Court DecisionsThe 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 rules [...] Rather, the Court must determine whether the decision was made fairly, not arbitrarily or in bad faith. [...] [38] The Court is dealing with an administrative provision and a discretionary decision made by the Minister's delegate.
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778.
Alderson v. Canada (Minister of Indian Affairs and Northern Development) - 2004 FC 982 - 2004-07-13
Federal Court DecisionsSince there is no significant difference between the parties on the facts, the applicant's monetary claims are well within limits provided for such an action, and the parties consent, I now deal with this matter as if it were originally initiated as a simplified action pursuant to Rules 299 et seq. of the Federal Court [...] 1) Was the decision on the fair market rent improperly made, by PWGSC rather than the Minister? [...] I deal with each of these submissions in turn. [22] It is urged that the rent established in 2002 was unfair in light of previous increases over the term of the list which were significantly greater than increases in the fair market value of the land.
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779.
Singh v. Canada (Minister of Citizenship and Immigration) - 2004 FC 187 - 2004-02-04
Federal Court Decisions[22] The question of the officer's reliance on the risk assessment will be addressed when I deal with issue 4. [...] Consideration of the identity issue should have been reserved to the second phase of the process dealing with the admissibility of the applicant. [...] Rather, the circumstances require a full and fair consideration of the issues, and the claimant and others whose important interests are affected by the decision in a fundamental way must have a meaningful opportunity to present the various types of evidence relevant to their case and have it fully and fairly considered.
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780.
Froom v. Canada (Minister of Justice) - 2003 FC 1299 - 2003-11-07
Federal Court Decisions[122] It is evident that, generally, allegations of delay and abuse of process are to be made to the Minister pursuant to subsection 44(1) of the Act. Where an allegation of abuse of process goes to the fairness of the hearing itself, the extradition judge has jurisdiction to deal with it. [...] b) dans le cas d'une extradition en vue d'infliger une peine à l'intéressé ou de la lui faire purger, les éléments suivants_: [...] (1) La demande d'extradition doit se faire par la voie diplomatique.
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781.
Seymour v. Anishinaabeg of Naongashiing First Nation - 2009 FC 133 - 2009-02-10
Federal Court Decisions[3] The evidence before me dealing with the Band’s notice to the electors of the special meeting is not particularly detailed. [...] Article 6 deals with Council vacancies. In the event of a vacancy on Council or in the position of Chief, Article 7 provides for the holding of a by-election. [...] These deficiencies clearly constitute a breach of the duty of fairness owed to Mr. Seymour.
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782.
Sawridge Band v. Canada - 2005 FC 1476 - 2005-11-07
Federal Court DecisionsMy concern at this stage remains fairness to all parties to the extent of their respective interests. [...] d) "My concern at this stage remains fairness to all parties to the extent of their respective interests"; [...] (d) "[T]his is a case that deals with shared sovereignty." (e) "It's dealing with the issue of self-governance.
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783.
Angus v. Chipewyan Prairie First Nation - 2008 FC 932 - 2008-08-01
Federal Court Decisions( b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] The Applicants submit that the Election Code sets out a clear procedure to deal with election appeals. [...] If and when they are, those concerns must be dealt with in accordance with due process and rules of natural justice and fairness.
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784.
Bastien v. Jackson - 2022 FC 591 - 2022-04-22
Federal Court DecisionsQ. [...] do you have any evidence to show that those payments were made to induce or encourage Mr. Jackson to sign a deal with Norwegian Petroleum? [...] So your evidence is that the cheques preceded the signing of the deal? [...] [49] Nevertheless, the requirements of procedural fairness are not a straitjacket.
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785.
Stoney Band v. Canada (Minister of Indian and Northern Affairs) - 2006 FC 553 - 2006-05-03
Federal Court Decisions26. The term "entendre" iscommonlytaken tomean"avoir l'intention de [faire quelquechose]" or "avoir le dessein de [faire quelquechose]" as well as "vouloir", "désirer", "préférer." [...] I think it is fair to say that the Federal Court has proven to be an over-all success. [...] If evidence exists to prove an abuse of process, the Court can deal with it by denying the motion for a stay.
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786.
Case v. Canada (Attorney General) - 2004 FC 825 - 2004-06-09
Federal Court Decisions[5] The respondent, who received the request letter on May 30, 2002, treated it as a "first level" fairness relief request. [...] The Minister would deal with this issue on an ongoing basis, has developed guidelines regarding its decision-making in this area and balances the public policy goals of the fairness provisions in making its determinations. [...] 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 rules
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787.
Schnurr v. Canada - 2016 FC 1079 - 2016-09-23
Federal Court Decisions[34] The Court will retain jurisdiction to deal with any post judgment issues including but not limited to individual 1980 Tenant calculation issues. [...] The landlord has its remedies under the Lease to deal with non-compliance including presumably termination. [...] As in Piot, the Court retains jurisdiction to deal with post-decision issues as may arise from these Reasons and Judgment.
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788.
Newfoundland and Labrador v. Canada (Minister of Transport) - 2005 FC 1485 - 2005-11-02
Federal Court Decisions[36] When it comes to procedural fairness, as part of natural justice, the Court owes no deference to the decision-maker. [...] [42] The Town submits Mayor Stein was in conflict of interest, Barry Coates having walked away from the deal. [...] Hugessen J. was dealing with claims in negligence against public authorities.
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789.
Veres v. Canada (Minister of Citizenship and Immigration) - 2000-11-24
Federal Court DecisionsThe test, which could be formulated in any number of ways, is essentially about fairness. [...] If the CRDD wishes to deal with the issue, it must put the question to the claimant in cross-examination. [...] It may well raise issues of fairness to the witness apart from the question of gaps in the evidence.
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790.
Canada (Human Rights Commission) v. Canada Post Corp. - 2004 FC 81 - 2004-01-21
Federal Court DecisionsWe are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] Rather, it was a de novo decision in which the Member was determining how best to deal with the issues which had been referred to the Tribunal. [...] (a) may dismiss the complaint or, where it does not do so, shall proceed to deal with the complaint pursuant to this Part; and
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791.
Banks v. Canada Post Corp. - 2004 FC 713 - 2004-05-18
Federal Court Decisions[7] By letter dated November 20, 1998, Ms. Lucie Veillette, Secretary to the Commission, wrote to the Applicant to advise her that the Commission had "resolved to deal with the complaint... . [...] (a) resolved to deal with the complaint pursuant to Section 41(a); (b) appointed an Investigator who investigated the complaint and issued an extensive Investigator's Report, which was disclosed to the parties; [...] No adjournment was requested by the Applicant to allow her to deal with this matter.
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792.
Mcmurray v. National Parole Board - 2004 FC 462 - 2004-03-26
Federal Court DecisionsSection 99.1 does not refer to ss. 146 and 147 of the CCRA. These are the provisions that deal with the responsibilities of the Appeal Division. [...] They include the obligation to act fairly. They include the principles of accountability. [...] [55] Sections 146 and 147 deal with an offender's access to the Appeal Division.
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793.
Davidson v. Canada Post Corporation - 2009 FC 715 - 2009-07-09
Federal Court DecisionsThe applicant argues that the same obligations attach to employers when dealing with existing employees or potential employees. [...] Mr. Justice Hughes found this to be an issue of procedural fairness warranting a correctness standard, as was the case pre-Dunsmuir above. [...] [99] Because of my finding on this issue, I need not deal with Issue 3.
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794.
Bergeron v. Canada (Attorney General) - 2020 FC 1090 - 2020-11-27
Federal Court DecisionsCommission to deal with complaint Irrecevabilité 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 [...] B. Is the Commission’s decision not to deal with the Applicant’s complaint reasonable? [...] It was reasonable for the Commission to decline to deal with the complaint.
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795.
Alcorn v. Canada (Commissioner of Corrections) - 1998-09-11
Federal Court Decisions[25] Paragraphs 29 and 30 deal with a pilot project at the Bowden Institution in Alberta. [...] That is a fair comment, however there is then a reference to that position being in compliance with section 74 of the Corrections and Conditional Release Act. This is legal opinion. [...] [36] Paragraph 11 of the second Affidavit is very much a motherhood paragraph dealing with the allocation of scarce resources.
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796.
Grewal v. Canada (National Revenue) - 2020 FC 356 - 2020-03-10
Federal Court DecisionsThe Letter included information about the Applicant’s business dealings, his interests in Panamanian and Canadian corporations, and dealings between the corporations in which the Applicant had interests. [...] The Minister failed to observe the duty of procedural fairness in making the decision to assess penalties; and [...] A. Reasonableness and Procedural Fairness [30] The Applicant argues that the Minister owed a duty to procedural fairness to the Applicant, as the Applicant had legitimate expectations that he would not be assessed with penalties after his application to the VDP was accepted.
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797.
Sherzad v. Canada (Minister of Citizenship and Immigration) - 2005 FC 757 - 2005-05-27
Federal Court Decisions[30] A tribunal either has the jurisdiction to deal with a particular dispute, or it does not. [...] In the circumstances, I am satisfied that the requirements of procedural fairness have been satisfied. [...] According to Mr. Sherzad, fairness requires that any ambiguity in this regard should be resolved in his favour.
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798.
Gariev v. Canada (Minister of Citizenship and Immigration) - 2004 FC 531 - 2004-04-06
Federal Court Decisions[4] These reasons deal with both the Minister's application under section 87 of the Act for the non-disclosure of information considered and relied upon by the officer, and the merits of the application for judicial review. [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] [7] The judge must deal with the application as informally and expeditiously as the circumstances and considerations of natural justice permit.
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799.
Sivamoorthy v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 408 - 2003-04-08
Federal Court DecisionsThese submissions hardly deal with the adverse credibility findings that form the bulk of the Board's reasoning. [...] Then we will deal with the issue of failure to claim elsewhere. Unless anyone has any other ideas? [...] Presiding Member: All right, then, let's go on to deal with the other substantive issue, failure to claim elsewhere...
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800.
Charlery v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 993 - 2001-09-05
Federal Court DecisionsThat is the safety valve for dealing with evidence of the type in issue. [...] The guidelines emphasize the need to deal with subsection 114(2) of the Immigration Act on a case by case basis. [...] In dealing with an immigration application on "humanitarian and compassionate" grounds made by a minor applicant, unrepresented by counsel, who alleges having experienced domestic abuse, does the duty of administrative fairness require an immigration officer to actively investigate the humanitarian concerns, seeking