7,645 result(s)
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1,101.
Galehead Inc. v. Trinity (The) - 1998-11-03
Federal Court DecisionsTo date the Plaintiffs have provided a substantial affidavit of documents, several additional documents and an affidavit in opposition to this motion which counsel for the Plaintiffs submits deals with all of the requests of the Defendant Fast Trans. [...] [14] In addition, still dealing with the scope of production under the new rules, old Rule 448, as interpreted by the Federal Court, required the production of [...] Our Rules, former and present, deal with documents that are relevant to an action.
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1,102.
Chief v. Canada (Minister of Indian Affairs and Northern Development) - 2004 FC 1342 - 2004-09-30
Federal Court Decisions[27] On the issue of procedural fairness, the Minister states that the content of the duty of fairness varies from case to case and depends on the legislative scheme in question. [...] Given these factors, the Minister submits that as a low level of procedural fairness was required in the circumstances, no breach of fairness occurred. [...] [36] In the Siksika Nation's submission, it is significant that the Regulations do not establish an independent administrative tribunal to deal with alleged irregularities in referenda.
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1,103.
Pratt v. Canada (Citizenship and Immigration) - 1997-04-30
Federal Court DecisionsPrinciples of natural justice or procedural fairness and the decision pursuant to s-s. 70(5) [...] Nor did the absence of reasons for the Minister's decision violate any principle of fairness or of natural justice. [...] This may be easy in some cases where the decision is patently perverse, patently unlawful as dealing with matters outside the jurisdiction of the decision-maker, or explicable only on the assumption of bad faith.
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1,104.
Percival v. Canada - 2024 FC 824 - 2024-05-30
Federal Court Decisions[38] I appreciate that for Canada, as asserted by counsel, dealing with estate issues is complicated in the context of a national class, as estate issues are primarily under provincial jurisdiction. [...] [73] Overall, I am satisfied that both parties did their due diligence so as to be certain that they were coming to a fair and lasting settlement. [...] [89] For the reasons above, I am satisfied that the Settlement Agreement is fair and reasonable and in the best interests of the class as a whole.
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1,105.
Alliance Pipeline Ltd. v. Fast - 2003 FCT 642 - 2003-05-23
Federal Court Decisionsd) un exposé des formalités destinées à faire approuver le tracé détaillé du pipeline; [...] This, in Alliance's view, makes their approach more suitable than the pattern of dealings approach adopted by the Committee. [...] The pattern of dealings approach ignores the inherent value of the lands being traversed.
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1,106.
Sereiboth v. Canada (Citizenship and Immigration) - 2013 FC 736 - 2013-07-02
Federal Court DecisionsIndividuals must have a fair opportunity to make their case or their defence before an impartial decision maker. [...] [14] There was a great deal of confusion about the courtship in Vietnam. [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly.”
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1,107.
Barran v. Canada (Minister of Citizenship and Immigration) - 1999-02-24
Federal Court Decisions[14] In Chou v. Canada (Minister of Citizenship and Immigration) [1998] F.C.J. No. 819 (T.D.), Teitelbaum J. made the following comments regarding the duty of fairness on the visa officer: [...] "In the present case, I am satisfied the visa officer failed in her duty of fairness in not asking the applicant, after receiving the "insurance cards" to explain what the visa officer found to be a contradiction as to the work history of the applicant. [...] [16] In view of the above, it is my opinion that the case at bar does not deal with contradictory evidence which would trigger a duty to request supplementary information by the visa officer.
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1,108.
Hughes v. Canada (Attorney General) - 2010 FC 963 - 2010-09-27
Federal Court Decisions[8] In support of this application, dealing only with complaint 20050026, the Applicant filed two affidavits. [...] The duty of fairness in this case required a fair investigation, together with the opportunity for the complainant and the employer to present their cases. [...] The report failed to deal with all fundamental issues in the matter and was not sufficiently thorough.
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1,109.
Abdi v. Canada (Attorney General) - 2012 FC 642 - 2012-05-25
Federal Court DecisionsBecause the decisions rendered in the three files are nearly identical and the same circumstances gave rise to the three decisions, these reasons deal with all three applications for judicial review, and a copy of these reasons shall be placed in each file. [...] A further comment, dealing with the repeated requests made by counsel for the applicant for disclosure of the documents relied upon by Passport Canada, imputes improper motives to counsel. [...] The requirements of Procedural Fairness in Adjudications under the Order
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1,110.
Sallai v. Canada (Citizenship and Immigration) - 2019 FC 446 - 2019-04-11
Federal Court Decisions[23] Issues of procedural fairness are reviewed on the correctness standard. [...] [25] The applicable standard of review for determinations whether to hold an oral hearing has been the subject of a great deal of jurisprudence. [...] [34] The Applicant submits that the Officer breached procedural fairness by failing to hold an oral hearing.
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1,111.
Oei v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 466 - 2002-04-26
Federal Court Decisions[13] The plaintiff submitted that there was no evidence in the record to suggest that any document whatever dealing with earlier years was requested of him. [...] Moreover, the officer's version is not specific on her attitude and does not deal with her conduct with the plaintiff on the day of the interview since she does not mention that she remembered it. [...] b) il a indiqué par écrit au ministre qu'il a fait ou a l'intention de faire un placement;
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1,112.
Memon v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 908 - 2015-07-24
Federal Court Decisions[33] While it is obvious that prejudice by delay is a form of irreparable harm, the Applicant only deals with the prejudice required to demonstrate abuse of process as a factor under the serious issue step of the test. [...] [34] In my view, dealing with the prejudice issue under the serious issue analysis is insufficient for the purposes of establishing irreparable harm under the Toth test. [...] [62] In the face of the Agraira leave application, the CBSA decided to proceed with the new fairness letter in 2012.
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1,113.
Chi v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 641 - 2017-06-30
Federal Court Decisions[15] In my view, the IAD did not violate Mr. Chi’s rights to procedural fairness by deciding that that point had been reached on January 20, 2017, when he failed to appear for his hearing for the third time, and once again on very short notice. [...] In addition, pursuant to subsection 162(2), the IAD is required to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] (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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1,114.
Li v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1390 - 2004-10-08
Federal Court DecisionsIssue #1: Did the Visa Officer breach the rules of procedural fairness? [...] [12] In conclusion on this issue, I am satisfied that there was no breach of the duty of fairness. [...] Secondly, part (b) of the definition refers to "visa officer" for one simple reason; part (b) deals with persons who are outside Canada.
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1,115.
Viviers v. Canada (Miniser of Citizenship and Immigration) - 2003 FCT 765 - 2003-06-19
Federal Court DecisionsThis application deals with the second officer's decision to refuse the application. [...] Did the immigration counsellor err in law by breaching the duty of fairness by considering extrinsic evidence without providing the applicants with an opportunity to reply? [...] [33] Because of my finding on Issue 1, I need not deal with the other issues.
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1,116.
Poulin v. Canada (Attorney General) - 2002 FCT 131 - 2002-02-04
Federal Court DecisionsAlthough the plaintiff has made some efforts to deal with his violent behaviour, he has not overcome it sufficiently for the authorities to cease regarding him as a risk. [...] [17] The Deputy Commissioner did not fail to perform his duty to act fairly, exercise his authority in bad faith, capriciously or arbitrarily or take improper considerations into account. [...] [para 6] The decision to transfer or to refuse to transfer an inmate is a discretionary one, which attracts the duty of procedural fairness.
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1,117.
Navarro v. Canada (Minister of Citizenship and Immigration) - 2000-09-14
Federal Court DecisionsIn my opinion, it is now appropriate to recognize that, in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for a decision. [...] accorded procedural fairness in the treatment of the request for a danger opinion pursuant to paragraph 46.01(1)(e) of the Immigration Act. The Notice of Application seeks an order setting aside the danger opinion which is the usual remedy in the case of a decision made in breach of the requirements of procedural fairness. [...] Finally, the applicant seeks certification of a question dealing with the obligation of the respondent to provide the applicant copies of the material which is before the Minister's Delegate and to allow him to respond to the material before a decision is made.
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1,118.
Yogeswaran v. Canada (Minister of Citizenship and Immigration) - 1997-04-17
Federal Court DecisionsThere is no breach of procedural fairness. 3. In the refusal letter following the interim refusal letter dated March 7, 1996, the visa officer stated: [...] Clearly, the visa officer was dealing with both health and social services and the last sentence cannot be taken out of context of the entire letter. [...] However, in that case the applicant was 30 years old and the Court was dealing with a demand that was not mandated by statute.
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1,119.
Dhaliwal v. Canada (Attorney General) - 2021 FC 1480 - 2021-12-29
Federal Court DecisionsOn issues of procedural fairness, the standard of review is correctness. [...] More precisely, whether described as a correctness standard of review or as this Court’s obligation to ensure that the process was procedurally fair, judicial review of procedural fairness involves no margin of appreciation or deference by a reviewing court. [...] [13] The Respondent indicated that they need guidance on how to deal with these types of cases, as all they have is the case of Canada (Attorney General) v Buffett, 2007 FC 1061 [Buffett] by Justice Harrington.
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1,120.
Aronson v. Canada (Attorney General) - 2021 FC 1451 - 2021-12-23
Federal Court DecisionsThe Respondent submits that the CRA’s decision was reasonable and that procedural fairness was not breached. [...] [28] The one major deficiency in my view is its lack of specificity with respect to the alleged breach of procedural fairness. [...] [40] The Respondent’s submission is consistent with the approach that this Court has adopted in reviewing decisions dealing with remission requests.
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1,121.
Canadian National Railway Company v. Louis Dreyfus Commodities Canada Ltd - 2016 FC 1190 - 2016-10-25
Federal Court DecisionsHe concluded that this outcome was commercially fair and reasonable to the parties, referring to section 169.38 of the Act. [...] As the arbitrator was dealing with a matter of “interest arbitration” rather than “rights arbitration”, the decision merits considerable deference (Public Service Alliance of Canada v NAV Canada, 2015 ONSC 1407 (Div Ct)). [...] • Rationing should be a last resort for dealing with unexpected demand surges;
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1,122.
McCallum v. Peter Ballantyne Cree Nation - 2016 FC 1165 - 2016-10-19
Federal Court Decisions[13] On the same day, Chief Peter A. Beatty handed over the PBCN Urban Members’ Petition to the Council of Elders, and instructed them to deal with it. [...] [32] The respondent also rejects Mr. McCallum’s argument that a fair notice to the potential Electors would be required in a fair and just process and distinguishes Metansinine from the present case. [...] [33] On the second issue, the Council of Elders submits that section 12 of the Election Code confers the power to hear and decide upon a complaint, and such power was upheld when Chief Beatty requested the Council of Elders to deal with the Petition.
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1,123.
Singh v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 795 - 2003-06-26
Federal Court DecisionsIn these circumstances, a decision decided by reference to the wrong standard of proof and without affording the applicant procedural fairness, could potentially prejudice the applicant in the future. [...] In comparison to O.N. , supra, it was on the opposite end of a spectrum of adverse effects which would "almost inevitably follow" from not dealing with the impugned decision on its merits. [...] However, the portion dealing with the definition of "public danger" remains good law.
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1,124.
Quebec North Shore & Labrador Railway Company, Inc. v. New Millennium Capital Corp. - 2011 FC 765 - 2011-06-23
Federal Court Decisions[12] The provisions of the Act dealing with FOA are contained in its sections 161 to 170. [...] Should I decide to deal with the issue whether the FOA statutory scheme violates subsection 2(e) of the Bill of Rights, I agree the correctness standard is the appropriate standard of review. [...] [31] I will deal with the issue whether the FOA scheme is inoperative on the grounds it deprives a person of the right to a fair hearing in accordance with the principles of fundamental justice.
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1,125.
Canada (Attorney General) v. Tipple - 2011 FC 762 - 2011-06-24
Federal Court Decisions[44] In this case, the Adjudicator concluded that “Mr. Tipple has met the test found in [Honda] and that the respondent’s failure of its obligation of good faith and fair dealing in the manner of termination caused him psychological injury that was in the contemplation of the parties.” [...] [45] The Adjudicator found that PWGSC breached its obligation of good faith and fair dealing in the manner of dismissal because of the following: [...] It is fair to say that in this case the Adjudicator found the conduct of PWGSC to be egregious.