7,644 result(s)
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851.
Sigouin v. National Bank of Canada - 2008 FC 95 - 2008-01-24
Federal Court DecisionsA disciplinary dismissal clearly has a punitive connotation, since it is intended to deal severely with negligent acts or misconduct by an employee. [...] [29] The adjudicator concluded that the procedure used by the respondent in getting rid of the applicant was fair. [...] The Federal Court of Appeal per Pratte J.A. set out the criteria for analysis of whether a dismissal is fair.
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852.
Difederico v. Amazon.com, Inc. - 2023 FC 1156 - 2023-08-28
Federal Court Decisions[86] Section 45 is situated in Part VI of the Act, which deals with criminal offences in relation to competition. [...] (4) Analysis of the Fair Pricing Policy (a) Introduction [165] Amazon published the Fair Pricing Policy on its website for Third Party Sellers in November 2017. [...] (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product,
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853.
Girouard v. Inquiry Committee Constituted Under the Procedures for Dealing With Complaints Made to the Canadian Judicial Council About Federally Appointed Judges - 2014 FC 1175 - 2014-12-05
Federal Court DecisionsTHE INQUIRY COMMITTEE CONSTITUTED UNDER THE PROCEDURES FOR DEALING WITH COMPLAINTS MADE TO THE CANADIAN JUDICIAL COUNCIL ABOUT FEDERALLY APPOINTED JUDGES [...] Judicial resources are limited and should be saved to ensure that all people have equal, timely and fair access to courts. [...] MICHEL GIROUARD v THE INQUIRY COMMITTEE CONSTITUTED UNDER THE PROCEDURES FOR DEALING WITH COMPLAINTS MADE TO THE CANADIAN JUDICIAL COUNCIL ABOUT FEDERALLY APPOINTED JUDGES AND THE ATTORNEY GENERAL OF CANADA
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854.
Tar v. Canada (Citizenship and Immigration) - 2014 FC 767 - 2014-07-31
Federal Court DecisionsEvidence of the actions taken by police to address notorious, well-publicized, serial killings is of little persuasive value in showing how the police deal with more common criminals. [...] Procedural Fairness – Date Discrepancy [62] Mr. Tar made a mistake about the date when the tram incident occurred. [...] [68] The RPD deals with this issue in the Decision in the following way:
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855.
Dupras v. Paul Tl Urmson - 2001 FCT 632 - 2001-06-12
Federal Court Decisions[2] The issue is whether the Respondents violated procedural fairness and the efficiency requirements in dealing with the Applicant. [...] ... fairness dictates that the person charged be given all available particulars of the offence. [...] [25] More importantly, with respect to the transfer of offenders guidelines, is the section which deals with the duty to act fairly.
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856.
Mohammad v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 24 - 2013-01-10
Federal Court Decisionsa) il n’est pas nécessaire de faire d’évaluation au regard des éléments mentionnés aux sous-alinéas 113d)(i) ou (ii) de la Loi; [...] [12] The Decision refers to the inquiry being based on IRPA, s 112(3)(b) which deals with serious criminality. [...] The correct provision is s 112(3)(c) dealing with section F of Article 1 of the Refugee Convention.
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857.
Chow v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 996 - 2001-09-06
Federal Court DecisionsParagraph 3.13 of that Manual deals with interviews and reads: In some circumstances, it may be necessary to interview clients. [...] Breach of procedural fairness - no interview - extrinsic evidence [12] Counsel for the respondent argued, and I agree with her, that there is no statutory requirement to hold an interview in visa applications and it is not a general element or requirement in visa applications. [...] [18] In Wang v. Canada (Minister of Citizenship and Immigration), [2001] F.C.J. No. 95, Justice Rouleau found that the standard of review on the merits of an immigration officer's decision dealing with an application for a Canadian student visa was reasonableness simpliciter.
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858.
Ducas v. Canada (Attorney General) - 1999-10-04
Federal Court DecisionsI trust that you will deal with the matter of representation expeditiously and obtain any further disclosure that is necessary to prepare your case. [...] Ms. Robinson"s order was a factor to be considered in dealing with that issue but it ought not to have been treated as determinative of the issue, given the disappearance of the underlying rationale. [...] 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.
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859.
Sawridge Band v. Canada - 2006 FC 656 - 2006-05-30
Federal Court DecisionsBut, in my view, the fairness and integrity of our judicial system demands that appearance of bias applications not be handled with coyness. [...] Q. Can you tell me why you say the Court of Queen=s Bench might be more inclined to be fair to your case than the Federal Court? [...] If the trial judge was considered fair game, who among opposing counsel could possibly feel safe from attack?
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860.
National Bank of Canada v. Canada (Labour) - 1997-06-19
Federal Court DecisionsFor example, Division I establishes maximum hours of work, Division II establishes minimum wages, Division IV deals with annual vacations, Division V sets out employees" entitlements respecting holidays, Division XI establishes severance pay requirements and Division XIV, which is the division of relevance here, deals with [...] All that is required is that the Bank be given a fair opportunity for commenting on or contradicting statements made that were prejudicial to it. [...] Bien que la plaignante ait remis une lettre de démission, elle soutient avoir été contrée de le faire et déclare avoir tout de même été injustement congédiée.
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861.
Ramanathan v. Canada (Attorney General) - 2023 FC 1029 - 2023-07-27
Federal Court DecisionsThe respondent also noted that procedural fairness did not require a standard of perfection from CRA. [...] B. Was the Applicant deprived of Procedural Fairness? [40] In my view, this application should be determined on the basis of whether CRA provided the applicant with procedural fairness. [...] None of the procedural fairness cases cited by the respondent captures the present circumstances.
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862.
Drolet v. Stiftung Gralsbotschaft and Foundation of the Grail Movement - 2009 FC 17 - 2009-01-06
Federal Court DecisionsTrade-mark law rests on principles of fair dealing. It is sometimes said to hold the balance between free competition and fair competition. [...] 29. Fair dealing for the purpose of research or private study does not infringe copyright. [...] It is not even necessary to deal with the question of whether this was fair dealing, because it was not for the purpose of research or private study.
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863.
Canada (Public Safety and Emergency Preparedness) v. Najafi - 2019 FC 594 - 2019-05-07
Federal Court Decisions[20] The remedy granted by the ID must protect the fairness and natural justice of its proceedings. [...] [33] Sections 162 and 165 of the IRPA grant broad powers to the ID to deal with proceedings brought before it: [...] (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.
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864.
Zhu v. Canada (Citizenship and Immigration) - 2013 FC 155 - 2013-02-15
Federal Court DecisionsIn acting as she did, the Officer caused a breach of procedural fairness. [...] The provision expressly deals with undecided applications, not decisions. [...] The provision deals with undecided applications and does not provide for nullification of lawfully rendered decisions of visa officers.
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865.
Arevalo Pineda v. Canada (Citizenship and Immigration) - 2010 FC 454 - 2010-04-26
Federal Court Decisions[15] It then goes on to deal with “the last-minute testimony” produced by the applicant. [...] [17] The rest of the decision deals with whether or not a serious crime was involved. [...] [27] As mentioned, parties to the Convention chose a fairly low evidentiary threshold to determine if a refugee claimant has committed a serious non-political crime before seeking protection in the country of refuge.
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866.
Bank of Nova Scotia v. Randhawa - 2018 FC 487 - 2018-05-08
Federal Court Decisions[60] Generally I consider the standards of honesty and integrity the community expects in its dealings with a bank must be reflected in bank employees’ behaviour with customers and the handling of customer funds and those the bank uses for profitable purposes. [...] In particular, I find that the failure of the Adjudicator to deal expressly with the Ivanore line of cases does not, in the circumstances, constitute a reversible error. [...] [39] Subsequent to this decision, however, there have been a number of decisions of labour adjudicators and courts dealing with reinstatement to other, often comparable, positions.
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867.
Kerzner v. Canada (Minister of National Revenue) - 2005 FC 1574 - 2005-11-22
Federal Court DecisionsOfficer Greenhalgh also testified that she deals with about 1500 seizures in a year. [...] ... 129.2 (1) La personne qui a présenté une demande de prorogation en vertu de l'article 129.1 peut demander à la Cour fédérale d'y faire droit_: [...] (ii) il serait juste et équitable de faire droit à la demande, (iii) la demande a été présentée dès que possible.
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868.
Singh v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 455 - 2018-04-26
Federal Court DecisionsIt held that it was bound by the Act to deal with the Applicant’s appeal as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] This, he says, amounts to a breach of the duty of procedural fairness that was owed to him by the IAD. [...] Section 162 also makes it incumbent on the IAD, as it does for all the three other divisions, to “deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.”
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869.
Fragoso Velazquez v. Canada (Citizenship and Immigration) - 2022 FC 58 - 2022-01-18
Federal Court DecisionsFirst, it considered that there had been no breaches of procedural fairness. [...] The applicant argued that the RPD had breached procedural fairness by doing so. [...] [11] Relying on Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817, the RAD acknowledged that the RPD had intervened a great deal during the hearing.
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870.
Beddows v. Canada (Attorney General) - 2019 FC 671 - 2019-05-14
Federal Court DecisionsThe CDS has failed in his duty to act “expeditiously” and “fairly”; and [...] [21] An issue of procedural fairness “requires no assessment of the appropriate standard of judicial review. [...] In the Applicant’s view, “expeditiously” inherently imposes an urgent time limit on the CDS for the resolution of grievances, and failure by the CDS to act expeditiously in dealing with grievances is inherently unfair.
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871.
Gedara v. Canada (Citizenship and Immigration) - 2016 FC 209 - 2016-02-17
Federal Court Decisions[24] Issues of natural justice or procedural fairness are subject to review on a correctness standard. [...] [25] The Applicant submits the Interviewing Officer breached the duty of fairness required in the circumstances. [...] [36] The Respondent submits that procedural fairness in this case does not require an officer to advise an applicant in writing.
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872.
Razburgaj v. Canada (Citizenship and Immigration) - 2015 FC 1343 - 2015-12-04
Federal Court DecisionsThis judgment deals with the PRRA. The decision regarding the review of the H&C decision is dealt with in a sister decision by this Court. [...] 1) Did the Officer breach his duty of procedural fairness by denying the applicants’ an oral hearing? [...] Dealing first with the fairness argument, I agree with the respondent that the UK Home Office report was not novel and significant, and did not disclose any material change in the general country conditions unknown to the applicants.
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873.
Keith v. Canada (Human Rights Commission) - 2018 FC 645 - 2018-06-22
Federal Court Decisions• (2) Whether the Tribunal breached procedural fairness. VIII. Standard of Review [...] In my view there is no merit to the procedural fairness argument. X. Conclusions [...] In addition, I found no merit in the Applicant’s procedural fairness argument.
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874.
Gupta v. Canada (Attorney General) - 2015 FC 535 - 2015-04-24
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 [...] [...] [96] I can find no basis on which to set aside the Commissioner’s rejection of the out of time complaints on procedural fairness grounds. [...] 19.3 (1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that [...]
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875.
Singer v. Canada (Attorney General) - 2010 FC 607 - 2010-06-04
Federal Court DecisionsProcedural Fairness / Excess of jurisdiction [64] The applicant’s argument on this issue was not very clear. [...] [68] This is why, although not formulated exactly that way, this issue can only be considered as an alleged breach of procedural fairness. [...] At the moment there are three eligibility criteria which are fairly complex.