7,645 result(s)
-
1,126.
Stanoievici v. LTS Solutions - 2019 FC 1554 - 2019-12-03
Federal Court DecisionsMr. Stanoievici has accused four of these adjudicators of bias and of being unable to conduct a fair and reasonable adjudication process. [...] [20] After Mr. Thorne’s withdrawal, in mid-June the Minister appointed Fazal Bhimji as the fifth adjudicator to deal with the Complaint. [...] The Respondent says adjudicators take necessary pre-hearing measures to ensure a fair and efficient hearing.
-
1,127.
Fabbiano v. Canada (Citizenship and Immigration) - 2014 FC 1219 - 2014-12-15
Federal Court Decisions1. There must be prejudice to the person’s right to a fair trial or the integrity of the justice system. [...] [23] The prejudice caused by the delay in dealing with the issue of Mr Fabbiano’s admissibility to Canada takes two main forms. [...] [31] In my view, Mr Fabbiano’s entitlement to a fair hearing has been infringed by delay.
-
1,128.
Vitol Refining S.A. v. Canada (Attorney General) - 2011 FC 446 - 2011-04-11
Federal Court Decisions[15] The CRA has from time to time published Guidelines as to how, acting on behalf of the Minister, it would deal with waiver or cancellation of interest. [...] [29] I am satisfied that the CRA gave ample opportunity to Vitol to make submissions and that those submissions were fairly considered. [...] In any area of the law we turn our attention to, we find ourselves dealing with the reasonable, reasonableness or rationality.
-
1,129.
Sarasin Consultadoria E Servicos Lda v. Roox's Inc. - 2004 FC 341 - 2004-03-04
Federal Court Decisions3. Une marque de commerce est réputée avoir été adoptée par une personne, lorsque cette personne ou son prédécesseur en titre a commencé à l'employer au Canada ou à l'y faire connaître, ou, si la personne ou le prédécesseur en question ne l'avait pas antérieurement ainsi employée ou fait connaître, lorsque l'un d'eux a [...] [24] The Decision of the Registrar makes it clear that "[s]ome of the grounds of opposition are rather garbled" but she goes on to try and deal with them in any event. [...] The third ground states that it is under Section 38(2)(c) (which deals with entitlement, not registrability) and, although the opening sentence of the ground refers to registrability as well as entitlement, it specifically refers to Section 16 (which only deals with entitlement) as being the basis of the ground.
-
1,130.
Smith v. Canada (Attorney General) - 2009 FC 228 - 2009-03-04
Federal Court DecisionsWith respect to clemency, as the Minister of Justice has said, our government will deal with the issue on a case by case basis. [...] The Minister must observe procedural fairness in dealing with the respondents' interests in their application for a permit: Cardinal v. Director of Kent Institution, [1985] 2 S.C.R. 643; Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police, [1979] 1 S.C.R. 311. [...] That was a decision dealing with deportation to a death-penalty state.
-
1,131.
Johnson v. Canadian Tennis Association - 2022 FC 1759 - 2022-12-19
Federal Court DecisionsRegardless of the manner in which Mr. Johnson has sought to frame his motion, it is in fact a motion seeking my recusal and I will deal with it accordingly. [...] [20] With respect to Mr. Johnson’s assertion that I rejected his request for a further case management conference to address matters he felt I had failed to deal with at the November 2, 2022 case management conference, I issued a Direction indicating why a further case management conference was not warranted. [...] [26] To conclude, I am satisfied that a reasonable and right-minded person, fully apprised of the facts and the context, would conclude that my involvement in this action has been impartial, reasonable and fair.
-
1,132.
Shah v. Canada (Citizenship and Immigration) - 2015 FC 487 - 2015-04-17
Federal Court DecisionsB. Did the Board breach procedural fairness? C. Was the Board’s decision reasonable? [...] B. Issue 2 - Did the Board breach procedural fairness? [26] I agree with the applicants that the Board breached procedural fairness in failing to consider the applicants’ risk in being Shia and whether the daughter faces a risk on the ground of being an educated woman which is not dependent on her being Hazara or Shia. [...] Therefore, the Board breached procedural fairness. [30] Because of my finding on this issue, I need not deal with Issue 3.
-
1,133.
Singh v. Canada (Attorney General) - 2006 FC 802 - 2006-06-23
Federal Court Decisions[15] While I have a great deal of sympathy for the Applicant, who made a very favourable impression on the Court, I fail to see anything patently unreasonable in the Respondent's decision. [...] [19] The Applicant genuinely desires to work at the airport and although not so framed he makes a second argument in terms of legitimate expectations and the duty of fairness owed to him. [...] In the case at bar, we are dealing with a simple application for clearance or a permit made by a person who has no existing right to that clearance or permit and is not accused of anything.
-
1,134.
Arunagirinathan v. Canada (Minister of Citizenship and Immigration) - 2004 FC 904 - 2004-06-24
Federal Court Decisions[11] 1. Did the Board breach the duty of fairness in not giving the applicant proper notice that IFA was an issue in his refugee claim? [...] The applicant submits that the Board breached a principle of procedural fairness in leading the applicant to believe that IFA may be moot and then relied solely on this issue in rejecting his claim. [...] [13] The respondent contends that the comment attributed to the Board, that is "however IFA may be moot" must be read in context and did not amount to a breach of procedural fairness.
-
1,135.
Mohamed v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 983 - 2001-08-31
Federal Court Decisions[8] 1. Did the Visa Officer breach the duty of fairness in making a negative decision [...] Such a course of action is suggested in the Guideline in section 2.7.4 dealing with the bona fides of minor students: [...] [16] Because of my disposition of Issue 1 it is not necessary that I deal with
-
1,136.
Hillier v. Canada (Attorney General) - 2000-10-27
Federal Court DecisionsThe purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules [...] In my view, in dealing with legislation of this nature, the courts should, wherever possible, avoid a narrow, technical construction, and endeavour to make effective the legislative intent as applied to the administrative scheme involved. [...] decision not to apply the provisions of the fairness legislation (subsection 220(3.1) of the Act), I can come to no conclusion other than his decision was a reasonable decision.
-
1,137.
Johnson v. Canada (Attorney General) - 1998-02-16
Federal Court Decisions[2] The Appeal Board whose decision is here under attack was the third appointed to deal with appeals launched by either or both of the applicants in respect of the same closed competition, the closing date for which was January 21, 1994. [...] 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. [...] That argument deals with an alleged failure of the corrective measures which were in issue on the third appeal to properly assess knowledge of the Income Tax Act7 and related matters.
-
1,138.
Bergey v. Canada (Attorney General) - 2015 FC 617 - 2015-05-12
Federal Court Decisionsx. Did the adjudicator apply the correct test of standard of fairness and proper standard of review? [...] [21] I will first deal with issue of the Appendix to the Applicant’s Memorandum. [...] In any area of the law we turn our attention to, we find ourselves dealing with the reasonable, reasonableness or rationality.
-
1,139.
Carry the Kettle First Nation v. O'Watch - 2007 FC 874 - 2007-08-30
Federal Court DecisionsMs. Thompson was in a position to cast light on the content of the original letter dealing with Mr. O’Watch’s employment status, i.e.: did it refer to a suspension or a termination? [...] [45] Division XXIV of the Canada Labour Code deals with unjust dismissal. [...] [65] The application for judicial review is allowed, on the grounds that the Adjudicator erred in law by failing to address and deal with the question of cause for termination.
-
1,140.
Mcarthur v. White Bear First Nation - 2015 FC 1357 - 2015-12-08
Federal Court Decisions[8] The process for dealing with the funding applications involved the list of applicants being ranked in priority. [...] There were numerous, complex issues to be dealt with in this matter requiring the skill of counsel to deal with them; compensation for costs is therefore appropriate: Greyeyes, above. [...] However, the result remains fair even if the employment contract was not for a fixed term.
-
1,141.
Zingano v. Canada (Citizenship and Immigration) - 2011 FC 1243 - 2011-11-01
Federal Court Decisionsa. Whether the Applicant’s right to procedural fairness was breached. [...] This conclusion was based on the denial of procedural fairness discussed above. [...] It is obvious from the Decision that the Officer took into account the situation in Zimbabwe when dealing with this issue.
-
1,142.
Tremblay v. Canada (Attorney General) - 2006 FC 219 - 2006-02-17
Federal Court Decisionsb) Isolate the issues pertaining to natural justice and procedural fairness; [...] ¶ 53 CUPE directs a court, when reviewing a decision challenged on the grounds of procedural fairness, to isolate any act or omission relevant to procedural fairness (at para. 100). [...] Although the supervisor may have been insensitive, and in fact neither he or other Health Canada officials had special training in how to deal with Mr. Tremblay, he was not the devil incarnate.
-
1,143.
Samuel v. Canada (Citizenship and Immigration) - 2023 FC 1020 - 2023-07-26
Federal Court DecisionsHe also argues that the RPD breached procedural fairness by constantly interrupting him during his testimony. [...] Finally, the RPD followed all applicable principles of procedural fairness. [...] [16] The relevant statutory provisions are found in sections 107, 107.1 and 110 of the IRPA. Subsection 107(2) deals with claims for refugee protection that have “no credible basis” while section 107.1 deals with claims for refugee protection that are “manifestly unfounded”.
-
1,144.
Bui v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 652 - 2001-06-13
Federal Court DecisionsCounsel advised that the Applicant has requested that the Board make no decision on its jurisdiction to deal with the matter pending determination of his application for judicial review now before the Court. [...] The principal issue raised by the application for judicial review concerns the fairness of the procedure followed by the Minister's delegate in rendering the danger opinions, without providing an opportunity for the Applicant to know and comment upon the report made to that delegate. [...] Further, if he were now removed from Canada and subsequently a decision is made to allow his application for judicial review, Canada's reputation for fairness in the process in dealing with immigrants and permanent residents, as the Applicant is, would be tarnished, since he would have been removed before his remedies
-
1,145.
M.N. v. Canada (Citizienship and Immigration) - 2023 FC 663 - 2023-05-09
Federal Court DecisionsThe National Documentation Package does deal with the situation of Algerian women. [...] [84] It is generally recognized that if an applicant wishes to establish a breach of fairness on this ground, he or she must: [...] Disagreeing ex post facto with counsel is not proof of incompetence that will lead to finding a breach of procedural fairness.
-
1,146.
Canada (Attorney General) v. Tursunbayev - 2021 FC 719 - 2021-07-20
Federal Court Decisions[19] While Justice Mactavish was not persuaded that the Minister’s representative misled the Board, she noted that individuals representing the Crown before courts and tribunals always have an obligation to be candid and fair in their dealings (at para 42). [...] [39] Canada obviously needs to be able to deal with international crime in cooperation with other countries. [...] The process must be fair and cannot favour one litigant to the detriment of the other.
-
1,147.
Siksika First Nation v. Canada - 2022 FC 434 - 2022-03-29
Federal Court Decisions[35] Rule 114, dealing with representative proceedings, was repealed in November 2002 without any transitionary rules. [...] (c) the representative can fairly and adequately represent the interests of the represented persons; and [...] Band Councils can also fairly and adequately represent the rights and interests of their membership.
-
1,148.
Canada (Attorney General) v. Amos - 2009 FC 1181 - 2009-11-20
Federal Court Decisions- I must give the provisions of the new Act “... fair, large and liberal construction and interpretation...” consistent with the objects of the Act to promote “...collaborative efforts between the parties...” to support the “... fair, credible and efficient resolution of matters...” and to encourage “... mutual respect and [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] The Court is of the view that section 236 of the PSLRA was adopted to remove the Court’s jurisdiction to deal with the grievance as part of the internal process, but the Courts retain judicial review jurisdiction.
-
1,149.
Pacificador v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1462 - 2003-12-12
Federal Court DecisionsThe Board made its decision without acknowledging or dealing with his April 16, 2002 request. [...] Further, the Board is mandated to deal expeditiously with all claims brought before it: section 68(2) of the former Act. [...] [65] Two issues arise in relation to the Applicant's arguments about alleged breaches of the duty of fairness.
-
1,150.
Weekusk v. Wapass - 2014 FC 845 - 2014-09-05
Federal Court DecisionsIt does not, however, prescribe any time limit for the Tribunal to deal with an application. [...] The standard of review for issues of procedural fairness is correctness. [...] [91] Although the Appeal Tribunal Act suggests that it has broad power to resolve conflicts, and resolutions reached by the Appeal Tribunal may be accepted more readily by the community, there is no role for the Appeal Tribunal to deal with an application which arises from a decision made in breach of procedural fairness.