7,645 result(s)
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976.
Society of Composers, Authors and Music Publishers of Canada v. 960122 Ontario Ltd. - 2002 FCT 985 - 2002-09-02
Federal Court DecisionsRule 50 deals with the jurisdiction of the prothonotaries and Rule 51 provides for appeals of prothonotaries' orders to a judge of the Trial Division of the Federal Court. [...] • 9. I am of the view that Rule 51 dealing with appeals of Prothonotaries' orders has no applicability to the within proceeding since we are dealing with the order of a referee. [...] (2) L'arbitre ne peut faire incarcérer une personne ni faire exécuter une ordonnance de contrainte par corps.
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977.
Angeles v. Canada (Citizenship and Immigration) - 2009 FC 744 - 2009-07-22
Federal Court Decisions[20] In written arguments the Applicant also raised procedural fairness issues. [...] [31] The Respondent says that when dealing with the duty of fairness for determining visa applications, the Court must guard against imposing a level of procedural formality that, given the volume of applications that officers are required to process, would unduly encumber efficient administration. [...] This brings upon procedural fairness issues that I have reviewed on a standard of correctness.
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978.
Canadian Union of Postal Workers v. Canada Post Corporation - 1998-07-27
Federal Court Decisionsd) de faire rapport au ministre lorsque toutes ces questions sont réglées. [...] The duty to act fairly includes the duty to provide procedural fairness to the parties. [...] Marshall disputes L"Espérance"s version of the conversation dealing with these three matters.
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979.
Rosenberry v. Canada (Citizenship and Immigration) - 2012 FC 521 - 2012-05-03
Federal Court DecisionsOfficer Breached Procedural Fairness [74] The Applicants also say the Officer breached their right to procedural fairness because he was biased. [...] He wrote in a critical and harsh tone typical of matters dealing with misrepresentation or criminal convictions which was inappropriate in this case. [...] He did not, so he breached their right to procedural fairness. Costs
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980.
Guay v. Canada (Attorney General) - 2004 FC 979 - 2004-07-12
Federal Court Decisions3. Did the Commission breach the duty of fairness owed to the applicant? [...] Did the Commission breach the duty of fairness owed to the applicant? [...] [44] Because of my finding on this matter, I will not deal with the remaining items listed in Paragraph 35.
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981.
Thamotharampillai v. Canada (Minister of Citizenship and Immigration) - 2003 FC 836 - 2003-07-04
Federal Court Decisions[23] The Applicant argues that he was denied a fair opportunity to present his case. [...] [43] The chronology document also appeared to have had a great deal of influence on the Officer, as revealed by her memorandum (see below at paragraph 50). [...] Both questions are highly relevant to the accuracy and truth of the information contained in the chronology and the fairness involved in dealing with the document and the Applicant in this case.
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982.
St. Martin v. Canada (Ministry of Indian Affairs and Northern Development) - 1998-07-16
Federal Court Decisions1) it shall be based on the fair market value of the land at that time, [...] [66] In considering the paragraph dealing with the Bank of Canada, rate he says: [...] Mr. Love"s original report does not deal at all with the lease requirement of determining the fair market value for the land and applying the current prime leading factor, whatever that factor may be.
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983.
Pedroso v. WestJet Airlines - 2019 FC 878 - 2019-06-28
Federal Court DecisionsDid the Commission breach the Applicant’s procedural fairness? C. Is the Commission’s decision reasonable? [...] Commission 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. Did the Commission breach the Applicant’s procedural fairness? [27] In essence, the Applicant submits that the Commission breached his procedural fairness rights by failing to consider any of his submissions.
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984.
Kwakwa v. Canada (Citizenship and Immigration) - 2016 FC 600 - 2016-05-30
Federal Court Decisions[19] The standard of review to be applied to procedural fairness issues is the stricter correctness standard. [...] As a result, the Court finds that a breach of procedural fairness occurred. [...] [31] In the circumstances, I am therefore of the view that the process followed by the RAD was not fair to Mr. Kwakwa and violated both the letter and the spirit of the rules of procedural fairness.
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985.
Hennessey v. Canada - 2014 FC 286 - 2014-03-24
Federal Court DecisionsA. Keep in mind, I’m trying to be fair here now. Most times we were–I mean, 96 percent of the time we had it perfect. [...] We had asked for - we had advised Mr. Hennessey we couldn't accept a bulk fairness. [...] [136] In my view, the CRA’s conduct was fair, responsible and reasonable throughout.
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986.
Yeager v. Canada (Attorney General) - 2019 FC 774 - 2019-05-31
Federal Court DecisionsOn November 21, 2018, Dr. Yeager’s counsel submitted a proposal on behalf of both parties and also requested the Court to consider whether it was able to deal with the reconsideration in an open-minded fashion or whether another judicial officer would be better placed to reconsider the matter. [...] The order also addressed the request that the Court consider whether it was able to deal with the reconsideration. [...] The purpose of the Fair is set out in Madeley at paragraph 36, where Justice Roy found that the “pre-release fairs do not encompass parole issues...these are called pre-release fairs because of when the fairs take place, that is before release.
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987.
Kimoto v. Canada (Attorney General) - 2011 FC 89 - 2011-01-26
Federal Court Decisions[58] While TeleZone, McArthur and Canadian Food deal with actions in provincial courts, Parrish & Heimbecker, NewFarm and Manuge deal with actions instituted in the Federal Court. [...] (c) the representative can fairly and adequately represent the interests of the represented persons; and [...] In the circumstances, I consider an award of costs in favour of the Minister of $10,000 to be fair and reasonable.
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988.
Novopharm Limited v. "Company X" - 2008 FC 840 - 2008-07-04
Federal Court DecisionsConfidentiality orders in both PM(NOC) proceedings and patent actions generally protect documents dealing with trade secrets, drug formulations and the like. [...] · the establishment of a Users’ Committee dealing with both PM(NOC) and intellectual property matters; [...] The Court ought not to be put in the position of dealing with important policy matters such as this on an ex parte basis.
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989.
Castaneda Escate v. Canada (Citizenship and Immigration) - 2010 FC 1052 - 2010-10-26
Federal Court DecisionsThis application therefore raises only the following issue: was the failure to grant a postponement a breach of procedural fairness? [...] The Court also pointed out that the ultimate test to be considered concerned the fairness of the trial: [...] (3) Si la partie veut faire sa demande deux jours ouvrables ou moins avant la procédure, elle se présente à la procédure et fait sa demande oralement.
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990.
Baylon v. Canada (Citizenship and Immigration) - 2009 FC 743 - 2009-07-22
Federal Court Decisions[28] The Respondent says that, when dealing with the duty of fairness for visa applications, the Court must guard against imposing a level of procedural formality that, given the volume of applications officers are required to process, would unduly encumber efficient administration. [...] Apart from the procedural fairness issues raised, the applicable standard of review in this case is reasonableness. [...] [36] Justice Zinn recently conducted a review of the jurisprudence dealing with whether a visa officer is under an obligation to allow an applicant an interview or an opportunity to address concerns.
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991.
Cole v. Canada (Attorney General) - 2005 FC 1445 - 2005-10-25
Federal Court DecisionsDelays experienced as a result of court proceedings are beyond the control of the Agency and are not considered for granting fairness.” [...] The Applicant then commenced the “fairness review” process which has culminated in this judicial review. [...] [17] The Applicant has placed a great deal of reliance on the fact that Justice Martin’s conduct raised new and unprecedented challenges in the conduct of the 1983 litigation.
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992.
Canada (Minister of Human Resources Development) v. Esler - 2004 FC 1567 - 2004-11-08
Federal Court Decisions[15] The Review Tribunal also noted that section 32 of the Act deals with erroneous advice or administrative error and allows the Minister to take remedial action where appropriate. [...] [28] Sections 27.1 and 28 of the Act deal with requests for reconsideration by the Minister and appeals to the Review Tribunal as follows: [...] The retroactive pension benefits were granted on the basis of the "principle of fairness".
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993.
Trevor Nicholas Construction Co. Ltd. v. Canada (Minister for Public Works) - 2001 FCT 1282 - 2001-11-23
Federal Court DecisionsSince Public Works conceded that it was obliged to treat the Plaintiff fairly, only issues two and three remained outstanding. [...] On Appendix 3, which deals with additional equipment, the Plaintiff listed an hydraulic backhoe, a caterpillar loader, and rented trucks. [...] [16] Against this background, I will now deal in turn with the Plaintiff's specific allegations of unfair conduct.
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994.
Ayotte v. Canada (Attorney General) - 2001-01-02
Federal Court DecisionsThere is, in my view, simply no doubt that the appellant was not treated with the fairness to which he was entitled. ... [...] [17] The procedural fairness rules vary according to the circumstances. [...] As such, procedural fairness does not require that the applicant have as many particulars as in the case of a disciplinary charge.
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995.
Dhanday v. Canada (Citizenship and Immigration) - 2011 FC 1166 - 2011-10-14
Federal Court Decisions[20] The respondent further submits that the Minister has the right to implement the procedure he deems the most adequate to deal with visa applications in a fair manner (Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817). [...] [24] This Court acknowledges that “the Minister has the right to choose the procedure it deems the most adequate to deal with visa applications in a fair manner” as long as such procedure does not breach the rules of natural justice. [...] (iii) de l’intimider ou de faire pression sur elle ou d’intimider une tierce personne ou de faire pression sur celle-ci;
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996.
Losada Conde v. Canada (Citizenship and Immigration) - 2018 FC 1165 - 2018-11-19
Federal Court DecisionsThey submit that this decision is unreasonable, and also that the RPD breached procedural fairness. [...] He was told that he would have to wait, because there were not enough police officers to deal with all the demands for protection. [...] The Member is also confused in suggesting that the Ombudsman and the Applicants’ counsel were communicating with the National Protection Unit, when both were dealing with the Attorney General’s office.
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997.
Campos Shimokawa v. Canada (Minister of Citizenship and Immigration) - 2006 FC 445 - 2006-04-06
Federal Court Decisions[8] On March 27, 1999, the applicants left Peru and went to Japan, where they allege to have suffered a great deal of racial discrimination. [...] The applicant made the statement: “There is terrorism in Peru.” An additional statement was made to CIC on April 2, 2002, but still no mention of direct dealings with the Shining Path was made. [...] Therefore, in my view, the applicants have waived their right to now complain about a breach of procedural fairness with respect to the order of questioning.
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998.
Fiddler Enterprises Ltd. v. Allied Shipbuilders Ltd. - 2002 FCT 44 - 2002-01-15
Federal Court DecisionsBefore leaving the Peruvian Guano case I would note that Lord Justice Brett, in the last sentence of his reasons, states that the decision does not deal with the effect of the documents either following disclosure or when they are offered in evidence at trial: [...] Indeed, the concept of the impartial and essential average adjuster goes back much farther, the need for practical, fair minded and common sense solutions to marine commercial losses having been with us for at least 3,000 years: see Buglass on Marine Insurance and General Average, 1991 edition, Cornell Maritime Press, at [...] They are specific to their own facts in that they deal with other matters and documents, including an appraisal under a home protection insurance policy, discovery questions dealing with the terms of an insurance policy and production of a residential insurance policy.
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999.
Sawridge Band v. Canada - 2004 FC 1653 - 2004-11-25
Federal Court Decisions[10] My concern at this stage remains fairness to all parties to the extent of their respective interests. [...] The trial should still commence on January 10, 2005, so that the Crown and the Interveners will have a fairly short time period (and one that includes the Christmas season) to review the material, prepare for trial and complete any challenges they may wish to make. [...] The Plaintiffs will thus secure a three-month extension with no real compensatory concessions to the other side to deal with the consequences of the Plaintiffs' default.
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1,000.
Dharamraj v. Canada (Minister of Citizenship and Immigration) - 2006 FC 674 - 2006-06-01
Federal Court Decisions3. Did the officer breach the duty of procedural fairness by failing to follow the [...] It was submitted that provided that the duty of fairness is respected, there is no expectation that the officer must follow a specific procedure. [...] [22] I propose to deal with issue 2 raised by the applicants, which is: