7,644 result(s)
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801.
Canada (Attorney General) v. Perera - 1998-12-17
Federal Court Decisionsà un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l'appelant et l'administrateur général en cause, ou leurs représentants, ont l'occasion de se faire entendre. [...] [10] Other than reference to the decisions of the Supreme Court of Canada, he took comfort in Federal Court of Canada, Appeal Division decisions in which there was much discussion primarily dealing with the functions and procedures of tribunals and boards. [...] These authorities do not appear to be relevant and I feel the Chairman could not rely on this latter jurisprudence to grant himself the authority to deal with questions of law.
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802.
Botezatu v. Canada (Citizenship and Immigration) - 2011 FC 917 - 2011-07-21
Federal Court Decisionsd. the trial was not and shall not be fair [2-27]. I will analyze and argue on the basis of the documents in the case trial and the legal provisions. [...] And, the onus is on the claimant to demonstrate that she was framed for the oil scam and was not treated fairly by the court system. [...] 33 This means that the RPD had to be particularly careful in the way it treated the charges and it had to deal thoroughly with the retraction.
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803.
Tuel v. Canada (Citizenship and Immigration) - 2011 FC 223 - 2011-02-24
Federal Court Decisions(1) Did an error or breach of procedural fairness occur due to failure to consider counsel’s submissions? [...] [19] Ms Tuel argues that the IAD breached the principles of natural justice or procedural fairness by “not sufficiently considering joint recommendation”. [...] [23] There is no merit to Ms. Tuel’s contention that there was a breach of the duty of fairness in not giving adequate consideration to the joint recommendations.
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804.
Prince v. Sucker Creek First Nation - 2008 FC 479 - 2008-04-15
Federal Court DecisionsDuring the investigation, you will be prohibited from going to the Finance Office or from having any dealings with the Consultation Department.... [...] [26] The Election Regulations deal specifically with the removal from office of a duly-elected Councillor. [...] There is a right to a fair hearing before being fired or suspended. Third Issue
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805.
Sweetgrass First Nation v. Favel - 2007 FC 271 - 2007-03-08
Federal Court DecisionsA fairly recent pronouncement of this principle can be found in the Federal Court of Appeal decision in Apotex Inc. v. Merck and Co., [2002] F.C.J. No. 811, 2002 FCA 210: [...] [20] The same basic principle applies to Mr. Paskemin’s prior financial dealings with Sweetgrass such as they were. [...] There is simply no factual basis to support a plausible argument that he would be unable to participate fairly and impartially in the work of the Tribunal.
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806.
Wang v. Canada (Minister of Citizenship and Immigration) - 1999-08-23
Federal Court DecisionsIt may be preferable if the visa officer would inform the applicant of this concern but failure to do so does not violate the duty of fairness. [...] Dube J. held that there was a duty on a Visa Officer to deal with the totality of the evidence and to explore contradictions between oral evidence and previously supplied documentary evidence. [...] This case falls within the class of cases dealing with extrinsic evidence.
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807.
Canada (Minister of Citizenship and Immigration) v. Singh - 1997-12-01
Federal Court DecisionsAll of this shows a good deal of confusion and some sloppy preparation on the part of the Department of Justice, a waste of everyone's time. [...] In that instance the affidavit evidence was a little more extensive in dealing with the merits: [...] Such bald assertions, without some explanation, fail to disclose either any merit or that the case is a fairly arguable one.
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808.
Wu v. Royal Bank of Canada - 2009 FC 933 - 2009-09-18
Federal Court DecisionsDid the adjudicator breach procedural fairness? There are a number of procedural fairness questions the applicant raises. [...] The burden of dealing with unrepresented litigants falls most heavily on trial courts. [...] [125] I will first deal with the case law submitted on this issue by the respondent.
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809.
Georgoulas v. Canada (Attorney General) - 2017 FC 446 - 2017-05-04
Federal Court DecisionsA decision by the CHRC not to deal with a complaint under subsection 41(1) of the Act is discretionary and entitled to deference (Zulkoskey v Canada (Employment and Social Development), 2015 FC 1196 at paras 24-27 [Zulkoskey]). [...] C. Procedural Fairness [24] The question I must answer is whether the Applicant was deprived of a fair opportunity to present her complaint to the CHRC? [...] [30] In my view, the CHRC breached procedural fairness in this case.
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810.
Orozco v. Canada (Citizenship and Immigration) - 2008 FC 270 - 2008-02-29
Federal Court Decisions[21] The Board Member noted that previous counsel, Michael Brodzky, is an experienced barrister and solicitor with considerable experience dealing with the Board and refugee claims. [...] Such a question at first blush appears to be a particularly legal one, dealing as it does with the fairness of a hearing, and may seem to militate in favor of a less deferential standard. [...] In all cases, the IRB takes steps to ensure the fairness of the proceedings.
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811.
Ching v. Canada (Minister of Citizenship and Immigration) - 2005 FC 132 - 2005-02-01
Federal Court Decisions162. (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. [...] [8] The panel must deal with proceedings as quickly as the circumstances and the considerations of fairness and natural justice permit (subsection 162(2) of the Act). [...] [9] There was no breach of natural justice or fairness in this case.
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812.
Canadian Broadcasting Corp. v. Graham - 1999-06-10
Federal Court Decisions41. 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 [...] The Commission still has a discretion to deal with the complaint if it so chooses. [...] 6. As the alleged discrimination is ongoing, it is recommended that the Commission decide to deal with the complaint.
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813.
Singh v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 795 - 2017-08-31
Federal Court Decisionsv. particularly, unlike the cases relied upon by the Respondent, dealing with delay not being in the public interest, the SCC decision in Tran is imminent, having been heard in January 2017. [...] 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. [...] 57 In the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter.
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814.
Buffalo v. Canada (Minister of Indian Affairs and Northern Development) - 2002 FCT 1299 - 2002-12-13
Federal Court DecisionsThe Band and the Band Council are under an obligation which has sometimes be characterized as being a fiduciary obligation towards Band members to deal with them fairly. [...] In the matter of things like per capita distributions, the Band Council simply must deal equitably with each of the Band members. [...] It must deal equally, fairly and in accordance with normal fiduciary principles with its members.
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815.
Toban v. Canada (Citizenship and Immigration) - 2014 FC 788 - 2014-08-08
Federal Court Decisions[8] The Respondent submits that there was no breach of procedural fairness. [...] 57. In the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter. [...] In these unusual and particular circumstances, the failure to adjourn resulted in a breach of procedural fairness.
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816.
Vazquez v. Canada (Citizenship and Immigration) - 2012 FC 385 - 2012-04-02
Federal Court DecisionsFirst, he alleges that by refusing to adjourn the hearing, the Board breached his right to a fair hearing. [...] The applicant also challenges the Board’s negative credibility findings and, in addition, alleges that the Board failed to deal with his alleged fear of persecution based on his aboriginal identity. [...] [4] It is not necessary for me to deal with all the arguments raised by the applicant as I find that the issue of procedural fairness is determinative in this case.
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817.
Dubé v. Canada (Attorney General) - 2006 FC 796 - 2006-06-22
Federal Court Decisions(i) a provision of a statute, or of a regulation, by‑law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or [...] à un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l’appelant et l’administrateur général en cause, ou leurs représentants, ont l’occasion de se faire entendre. [...] Subsection 21(1) deals with the procedure by which an unsuccessful candidate may appeal from an appointment following a competition.
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818.
Bue v. Alliance Pipeline Ltd. - 2006 FC 713 - 2006-06-07
Federal Court DecisionsThe Company may in an individual case pay more than it thinks is fair, for various reasons, and as the Board states little weight can be given to individual cases, but in an area where there is a course of dealing between oil companies and surface owners whereby a standard rate of compensation has been paid and accepted, [...] d) un exposé des formalités destinées à faire approuver le tracé détaillé du pipeline; [...] To ensure that land owners receive fair compensation, the bill includes a list of types of damage which must be compensated for.
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819.
Laboucan v. Little Red River # 447 First Nation - 2010 FC 722 - 2010-07-02
Federal Court DecisionsIn its memorandum, the respondent deals with the issue of jurisdiction in a single paragraph which refers to the decision Kamloops Indian Band v. Gottfriedson, [1982] 1 C.N.L.R. 60, 21 B.C.L.R. 326 (B.C.S.C.). [...] This is especially so when one is dealing with a “special meeting” with only one item on the agenda – the removal of Mr. Laboucan. [...] [48] Procedural fairness is a term defined as follows in the Policy[11]:
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820.
Schellenberg v. Canada (Attorney General) - 2003 FC 1169 - 2003-10-08
Federal Court DecisionsOn August 14, 2001, Mr. Fader, counsel for the CSC, requested an oral hearing be held to deal with the appeal. [...] [35] For the above reasons, I find that the Appeals Officer failed to fulfil his duty of procedural fairness and, consequently, the applicants were denied a fair hearing. [...] Given this determination, it will not be necessary, nor desirable, to consider the second issue dealing with the merits of the decision.
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821.
Orr v. Peerless Trout First Nation - 2015 FC 1053 - 2015-09-08
Federal Court Decisions• A blind voter may not have been handled appropriately according to the procedures outlined for dealing with the blind. [...] [73] I would also note that many of the cases referenced by Mr. Orr do not seem to be on point or to deal with similar issues. [...] Council must deal fairly and impartially with PTFN members, showing no favouritism, prejudice or bias in any decisions affecting their rights or interests.
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822.
Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration) - 2019 FC 1126 - 2019-09-04
Federal Court Decisionsundue delay.” The latter requires each division of the Board to “deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.” I will return to considerations of fairness and natural justice in the next section of these reasons below. [...] For the present purposes, I consider that an ability to issue JGs in respect of factual issues would be consistent with the broad objective of dealing with all proceedings as informally and quickly as the circumstances permit, so long as this is not contrary to considerations of fairness and natural justice. [...] This is so even where, as with the China JG, the JG in question deals almost exclusively with factual issues.
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823.
Fraser Shipyard and Industrial Centre Ltd. v. Atlantis Two (The) - 1999-06-11
Federal Court DecisionsIndeed, Mr. Tetley deals with assignment of maritime liens, by Court authority, fairly briefly: [...] [164] The first mortgage is in a fairly typical form, to secure an account current against the Atlantis Two in the Limassol Registry. [...] The deed of covenants is also in a fairly standard form. It too refers to the overdraft facility.
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824.
Paulo v. Canada (Citizenship and Immigration) - 2020 FC 990 - 2020-10-21
Federal Court Decisions[21] Questions of procedural fairness and the duty to act fairly do not concern the merits or the content of a decision. [...] [35] I am referring to a translation error, in the singular, as that is what we are dealing with in this case. [...] I will address the “microscopic” approach argument, which is a popular refrain in Mr. Paulo’s submissions and on which he relies a great deal in seeking to have the RAD’s Decision set aside.
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825.
Zone3-XXXVI Inc. v. Canada (Attorney General) - 2016 FC 75 - 2016-01-22
Federal Court DecisionsFurthermore, how SODEC deals with this production is irrelevant to the determination of the status of the production under the regime of the Canadian Film or Video Production Tax Credit (CPTC) program. [...] It is a complex undertaking that demands a great deal of time and effort as the producer must apply to several agencies and obtain pre-financing or bridge financing from a financial institution. [...] [t]he values underlying the duty of procedural fairness relate to the principle that the individual or individuals affected should have the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to