7,645 result(s)
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951.
Farrier v. Canada (Attorney General) - 2018 FC 1190 - 2018-11-28
Federal Court Decisions[32] Part II of the Act deals with conditional release, detention and long-term supervision. [...] In particular, section 140 of the Act deals with hearings before the Board and section 147 with the right of appeal to the Appeal Division. [...] [43] This affidavit was not before the Appeal Division, which could not deal with these particular issues.
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952.
Mycogen Plant Science, Inc. v. Bayer Bioscience N.V. - 2009 FC 1013 - 2009-10-06
Federal Court DecisionsAn obligation arises on those seeking to gain a patent to act in good faith when dealing with the Patent Office. [...] This disclosure, as the Supreme Court has said, should be full, frank and fair. [...] It is to be expected that there will be full, frank and fair disclosure.
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953.
Dugré v. Canada (Attorney General) - 2020 FC 789 - 2020-07-24
Federal Court Decisions[28] It is clear that, contrary to the applicant’s argument, procedural fairness or even constitutional issues are not grounds for short-circuiting the process put in place to deal with matters that Parliament intended to have reviewed by a body it created. [...] In Wilson, both the Federal Court and the Federal Court of Appeal agreed to deal with judicial review. [...] Justice Girouard raised arguments relating to jurisdiction, procedural fairness and administrative invalidity issues.
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954.
Nunavut Territory (Attorney General) v. Canada (Attorney General) - 2005 FC 342 - 2005-03-08
Federal Court DecisionsArticle 39 of the Agreement dealing with "Inuit Organizations" applies to Nunavut Tunngavik Incorporated and certain other organizations. [...] Article 4 of the NCLA, dealing with Nunavut political development, mandates NTI, the successor to the Tunngavik Federation of Nunavut (TFN), to negotiate a political accord to deal with the establishment of Nunavut. [...] (2) Did the Minister of Fisheries and Oceans apply the principles of adjacency and economic dependence in such a way as to promote a fair allocation of quota?
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955.
Christen v. Canada (Revenue Agency) - 2021 FC 1440 - 2021-12-17
Federal Court DecisionsI agree with the applicant that the principles of fairness are reflected in each of these decisions. [...] They did not establish a tacit promise or a breach of procedural fairness. [...] • (a) The VDP will deal with the applicant’s file urgently and with priority.
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956.
Ballantyne v. Nasikapow - 2000-11-22
Federal Court DecisionsAlthough the plain meaning rule has been discredited on many occasions, it is still invoked by some judges when dealing with aids to interpretation that are considered to be "extrinsic" or "external." [...] This Court rejects the application of Crow to this case because Crow did not deal with procedural fairness but with the application of the Canadian Charter of Rights and Freedoms. [...] [74] The following cases demonstrate some of the remedies that this Court has ordered when dealing with contested Indian Band elections.
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957.
Bouchard v. Canada (Attorney General) - 2007 FC 608 - 2007-06-07
Federal Court Decisions[21] The Court is of the opinion that there was no breach of procedural fairness. [...] In the situation we are dealing with here, guilt was not what had to be confirmed, it was whether the information received from six different sources was sufficient to raise a valid concern and warrant the transfer. [...] [27] Therefore, there was no breach of procedural fairness and no violation of the applicant’s Charter section 7 rights.
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958.
McLellan v. Canada (Solicitor General) - 1998-07-23
Federal Court Decisions[3] The proper way to deal with a groundless originating notice of motion is to argue the point at the eventual hearing of the motion: see David Bull Laboratories (Canada) Inc. v. Pharmacia Inc. [1995] 1 F.C. 588 at 596-597 (F.C.A.). [...] "Pour ce fair la jurisprudence a établi que la décision doit avoir un caractère définitif ayant des conséquences juridiques." . [...] [13] Counsel for Mr. McLellan went on to say that the decision to publish the cryptic summary of police information, the Interpol Notice, was without any notice to Mr. McLellan and thus in violation of the principle of fairness.
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959.
Lemay v. Canada (Attorney General) - 2019 FC 608 - 2019-05-08
Federal Court DecisionsB. Was the Adjudicator’s decision procedurally fair? (1) The Parties’ Submissions [...] He was quiet as he was trying to find a way to deal with it. • He asserts he does not feel he is the “ignoring” type. [...] If he was quiet, it was his way of dealing with his own issues. • He never expected the complainant to carpool, pick up vehicles, or do other things for him.
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960.
Bighetty v. Barren Lands First Nation - 2014 FC 171 - 2014-02-21
Federal Court DecisionsThe first part of the ELECTION APPEALS provisions deals with discrepancies in the method of elections. [...] [48] Depending on the grounds relied upon, the nature of procedural fairness will vary. [...] Where misconduct is alleged, the fairness element will be more substantive.
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961.
Deer Lake Regional Authority Inc. v. Canada (Attorney General) - 2008 FC 1281 - 2008-11-17
Federal Court Decisions“ . . . that the Minister failed to observe procedural fairness, failed to comply with his implied duty to act fairly in the exercise of statutory powers, and acted contrary to law in that: [...] [26] The Applicant also submits that the prothonotary had to deal with the issue of procedural fairness. [...] “It is in this context that we find section 317 of the Rules dealing with the request for disclosure of material.
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962.
Ali v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1153 - 2004-08-19
Federal Court Decisions[17] Rule 61 of the RPD Rules also deals with the provision of reasons: [...] In that decision, dealing with a motion to reopen made under the former immigration legislation and former Board Rules,[1] Justice Evans, as he then was, stated as follows at page 260: [...] However, these findings do not end the matter, as the common law of procedural fairness requires some form of reasons.
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963.
Brar v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 932 - 2021-10-05
Federal Court DecisionsThe next stage will also deal with any question(s) of law that this legislation raises. [...] Only then will the designated judge have the necessary facts and law to render a fair decision. [...] When dealing with a Canadian agency, the same concerns exist subject to proper adaptation in accordance with existing policies.
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964.
Faci v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 693 - 2011-06-14
Federal Court Decisionsc. Whether the Decision was made in a procedurally fair manner. STATUTORY PROVISIONS [...] Immigration officials have no heightened duty of fairness when dealing with a person in custody, even though that person’s liberty is restricted. [...] [37] Justice Mosley found that there was no breach of procedural fairness.
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965.
Haba v. Canada (Citizenship and Immigration) - 2017 FC 732 - 2017-07-27
Federal Court DecisionsB. There is no breach of procedural fairness [26] Second, Mr. Haba submits that the citizenship judge breached his right to procedural fairness and breached the principles of fundamental justice. [...] The principle of procedural fairness protects individuals and allows the Court to intervene if needed, when a decision does not respect a person’s right to a fair and equitable proceeding. [...] Furthermore, in every regard, the citizenship judge satisfied all the requirements of procedural fairness in dealing with Mr. Haba’s application.
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966.
Merck Frosst Canada & Co. v. Canada (Minister of Health) - 2004 FC 959 - 2004-07-06
Federal Court DecisionsWhere it can fairly be said that all possible causes have been canvassed, the strongest must be the winner. [...] Couple this with cases dealing with hearsay and the other side to a dispute would have a tremendous advantage. [...] To paraphrase Lord Diplock, "might the deletion fairly lead to a chain of inquiry"?.
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967.
Canada (Attorney General) v. Robitaille - 2011 FC 1218 - 2011-10-27
Federal Court Decisions228. (1) L’arbitre de grief donne à chaque partie au grief l’occasion de se faire entendre. [...] By letting the employer choose the expert, the adjudicator sought to ensure a fair and non-excessive assessment. [...] The applicant contends, in particular, that, in The Attorney General of Canada v. Bédirian, 2007 FCA 221, at paragraph 24, it is indicated that a duty of good faith and fair dealing does not constitute an independent wrong giving rise to punitive damages.
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968.
Gligbe v. Canada - 2015 FC 1265 - 2015-11-12
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] They are entitled only to a procedurally fair release. Where a release does not comply with the mandatory regulatory regime, the grievance process can be procedurally curative. [...] This is unnecessary when dealing with a motion to strike a statement of claim.
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969.
Cushman & Wakefield Inc. v. Wakefield Realty Corp. - 2004 FC 210 - 2004-02-09
Federal Court DecisionsAs for section 6(5)(e) of the Act, I consider that there is a fairly high degree of resemblance in all respect between the marks at issue. [...] The Registrar did not give that circumstance a great deal of weight, but nevertheless said: [...] [30] Cushman & Wakefield filed a great deal of additional evidence in appeal.
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970.
Wisdom v. Air Canada - 2017 FC 440 - 2017-05-02
Federal Court DecisionsThe Commission explained that a report would be prepared to assist with its decision whether to deal with the complaint and sought submissions from the parties on this issue. [...] F. Did the Commission err in adherence to principles of natural justice and procedural fairness by failing to provide adequate reasons for its decision? [...] Commission 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
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971.
Tsigehana v. Canada (Citizenship and Immigration) - 2020 FC 426 - 2020-03-27
Federal Court DecisionsI am not persuaded that a breach of procedural fairness occurred in this case. [...] [29] In this case, Ms. Tsigehana did not bring forward any new evidence before the RAD dealing with the alleged errors of interpretation. [...] Furthermore, in all respects, the RAD met the procedural fairness requirements in dealing with Ms. Tsigehana’s application and I am not persuaded that the alleged errors in interpretation amounted to a breach of procedural fairness requiring the Court’s intervention.
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972.
Brokenhead First Nations v. Canada - 2009 FC 982 - 2009-09-30
Federal Court DecisionsIn making and applying treaties, the Crown must act with honour and integrity, avoiding even the appearance of “sharp dealing” (Badger, at para. 41). [...] The process carries on through the implementation of that treaty and is guided by a duty of honourable dealing. [...] [24] Therefore, in its dealings with the Applicant First Nations, and in particular with the Brokenhead and Peguis First Nations, I find that Canada had a duty to consult.
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973.
Les Laboratoires Servier v. Apotex Inc. - 2007 FC 837 - 2007-08-10
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] • When fairness dictates that the original result should not be binding in the new context. [...] Fairness to the patent system in such a context dictates that such questioning be prevented.
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974.
Smith v. Canada (Attorney General) - 2020 FC 996 - 2020-10-22
Federal Court Decisions[8] He began the process of applying for OAS benefits by reviewing the Government of Canada’s websites dealing with OAS Act—the Service Canada Website. [...] [30] I will deal with the Applicants’ issues as follows: A. Did the Minister fail to observe a principle of natural justice or duty of procedural fairness; and [...] B. Did the Minister fail to observe a principle of natural justice or duty of procedural fairness?
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975.
Karakachian V. Canada (Citizenship and Immigration) - 2009 FC 948 - 2009-09-22
Federal Court DecisionsConsequently, I am of the opinion that the applicant’s right to procedural fairness was infringed. [...] [51] It would technically not be necessary for me to deal with the submissions of the two parties with respect to section 16 of the Act, given my findings concerning paragraph 34(1)(f). [...] [52] Subsection 16(1) of the Act provides that an applicant must act transparently and in good faith in his dealings with the Department’s representatives.