7,645 result(s)
-
1,201.
Tabaj v. Canada (Minister of Citizenship and Immigration) - 2004 FC 90 - 2004-01-22
Federal Court DecisionsThe aim of the board's guideline, it is argued, is to specifically address how the board should operate when dealing with minor claimants. [...] The best interests of the child were not served and Maria cannot be said to have had a fair hearing. [...] Maria was not deprived of a fair hearing. [32] Maria's counsel proposed two questions for certification:
-
1,202.
Eugenio v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1192 - 2003-10-15
Federal Court DecisionsCelle-ci réexamine le cas chaque fois qu'elle juge opportun de le faire. [...] Rather, the interests of the child must be "well identified and defined" (Legault, at paragraph 12) and "examined ... with a great deal of attention" (Legault, at paragraph 31). [...] They were not "examined... with a great deal of attention". Indeed, they were not examined at all and no explanation was provided by the Immigration Officer as to why they were not.
-
1,203.
Canada (Attorney General) v. Lavoie - 1998-09-09
Federal Court Decisions128. (1) Sous réserve des autres dispositions du présent article, l"employé au travail peut refuser d"utiliser ou de faire fonctionner une machine ou une chose ou de travailler dans un lieu s"il a des motifs raisonnables de croire que, selon le cas: [...] (2) L"employé ne peut invoquer le présent article pour refuser de faire fonctionner une machine ou une chose ou de travailler dans un lieu lorsque, selon le cas: [...] The bottom line in this matter is that the Canada Labour Code, as it now stands, is an inappropriate means of dealing with health and safety concerns in correctional institutions.
-
1,204.
Adefisan v. Canada (Immigration, Refugees and Citizenship) - 2021 FC 359 - 2021-04-22
Federal Court DecisionsMr. Adefisan did not report the incidents to the police, and claims that he heard second-hand that his uncle “was threatening to deal with him.” [...] [13] I will deal with each issue separately. A. The uncle’s influence with the police and politicians [...] [26] In his BOC narrative, Mr. Adefisan asserted that his uncle had stated that he would “deal with” Mr. Adefisan.
-
1,205.
Ugro v. Canada (National Revenue) - 2009 FC 825 - 2009-08-12
Federal Court DecisionsSecond Level Fairness Request [11] By letter dated July 18, 2007, and received by the Minister on July 20, 2007, the Applicant made a second level fairness request. [...] 1) Both the first and second level fairness officers failed to act in accordance to their duties under procedural fairness to address all the reasons that the Applicant submitted in the request. [...] (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length,
-
1,206.
Mahjoub (Re) - 2014 FC 720 - 2014-07-18
Federal Court DecisionsThe trust and credibility components related to the behaviour of the Applicant when dealing with conditions of release are factors to be considered. [...] Over a period of a little more than 18 months, Mr. Mahjoub has had three hearings dealing with reviews of the conditions of release and three decisions. [...] It also found that the part dealing with the methodology of the SIR was useful.
-
1,207.
Treaty Eight Grand Chief Halcrow v. Canada (Attorney General) - 2003 FCT 782 - 2003-06-25
Federal Court DecisionsThe balance of Grand Chief Halcrow's evidence deals with the nature of the consultation process, or lack thereof. [...] [83] First, in Reference re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. 525 the Supreme Court of Canada characterized the doctrine of legitimate expectation as being part of the rules of procedural fairness which govern administrative bodies, and noted that the rules governing procedural fairness do not apply to a body [...] Let me accept that in the sphere of the so-called quasi-judicial the rules of natural justice run, and that in the administrative or executive field there is a general duty of fairness.
-
1,208.
Ahani v. Canada - 1995-09-12
Federal Court DecisionsThis section of the legislation does not deal with the question of deportation. [...] He further indicated that the international obligations of Canada require it to pursue vigorously all legal avenues to identify and deal with terrorists. [...] (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations.
-
1,209.
Martinez v. Canada (Citizenship and Immigration) - 2017 FC 982 - 2017-11-01
Federal Court DecisionsProof of significant prejudice must be shown, it must arise from an unacceptable delay that would offend the community’s sense of decency and fairness and it must affect the fairness of the hearing. [...] Torre followed and applied other jurisprudence of this court dealing with abuse of process caused by delay. [...] The points made speak to the issues of possible prejudice to the Applicant and the procedural fairness that he could expect:
-
1,210.
Satheesan v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 346 - 2013-04-05
Federal Court Decisions• His business practice of dealing in cash and using multiple banks suggests an attempt to avoid the banks’ reporting requirements; [...] Was there a breach of procedural fairness? [36] While no deference is owed to tribunals on the content of the duty of fairness, the procedural fairness claim in this case turns on a factual dispute: whether or not the Applicant requested an interpreter. [...] (iii) establishing an agency that is responsible for dealing with reported and other information;
-
1,211.
Canada (Citizenship and Immigration) v. Kaler - 2019 FC 883 - 2019-07-22
Federal Court Decisions[3] A second hearing was held on February 20, 2017 to deal with the merits of the claim. [...] The RAD respects procedural fairness if it does not address an issue that was not raised by an appellant. [...] Similarly, the RAD respects procedural fairness if it addresses an issue that was not raised by an appellant, as long as the parties were put on notice or should have known that it could be an issue on appeal.
-
1,212.
Syncrude Canada Ltd. v. Canada (Attorney General) - 2014 FC 776 - 2014-08-06
Federal Court Decisions(2) No Duty of Fairness is Owed Within the Legislative Process.... 144 [...] (4) Conclusion on Procedural Fairness............................................. [...] (4) Conclusion on Procedural Fairness [161] For the reasons set out above, I find that the Minister did not owe a duty of procedural fairness to Syncrude.
-
1,213.
Canada (National Revenue) v. ASB Holdings Limited - 2024 FC 494 - 2024-03-28
Federal Court Decisions[5] With respect to Request 1, there is no valuation report nor other documents evidencing the fair market value of the transferred property as described therein. [...] [52] Moreover, the case law is clear that the further affidavit sought to be filed must not deal with evidence that could have been made available at the time the initial affidavits were filed. [...] Specifically, the Applicant asserts that the Respondents’ obstructionist conduct during the cross-examination of Mr. Grater is prejudicial to the fair hearing of the Application.
-
1,214.
Heffel Gallery Limited v. Canada (Attorney General) - 2018 FC 605 - 2018-06-12
Federal Court DecisionsB. Did the Board breach procedural fairness by forbidding the Applicant from cross-examining the Expert Examiner? [...] He has devoted most of his professional life to the study of painters from Québec and has undertaken a great deal of research on Canadian artists influenced by the French Impressionist movement. [...] [46] In the circumstances, I am satisfied that the Applicant was afforded procedural fairness.
-
1,215.
Bacon v. Appeal Board of the Betsiamites Band Council - 2009 FC 1060 - 2009-10-20
Federal Court Decisions[34] This reading of the text is consistent with the purpose and the other provisions dealing with election challenges. [...] [50] The Court notes that the case law establishes that procedural fairness and the principles of natural justice must be observed by an appeal board created by a customary code in dealing with a challenge to an Aboriginal election. [...] In short, the Appeal Board did not breach the principles of natural justice or procedural fairness.
-
1,216.
Alvi v. Canada (Citizenship and Immigration) - 2023 FC 1031 - 2023-07-27
Federal Court DecisionsTheir submissions also raised a question of procedural fairness. I. Analysis [...] • c)The RAD expressly stated that it would deal with the letter, but did not. [...] [29] Finally, it is unfortunate that the RAD stated that it would deal with the letter and did not, but it was not fatal to the reasonableness of its decision.
-
1,217.
Frank v. Blood Indians First Nation - 2022 FC 200 - 2022-02-14
Federal Court Decisions[26] These various allegations can be characterized as procedural fairness issues. [...] Procedural fairness was the principal issue in the earlier proceeding before Justice Manson. [...] [39] Considering the disposition of the Applicants’ Motion, it is not necessary for me to address the objection raised about the attempt to deal with contempt proceedings.
-
1,218.
Wang v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1298 - 2006-10-27
Federal Court Decisions[17] The evidence indicates that the Respondent’s approach to this case was consistent with its usual practices in dealing with 75,000 or so annual visa applications received in its Beijing office. [...] [20] In this case, the Respondent was dealing with one of several thousand visa applications it receives in Beijing each month. [...] [31] However, in my opinion, the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness.
-
1,219.
Traore v. Canada (Citizenship and Immigration) - 2003 FC 1256 - 2003-10-28
Federal Court DecisionsAlthough the Board has an expertise in many areas it deals with, that is not the case here. [...] The case deals with the marriage customs of the Bambara tribe of Mali and in particular, with arranged marriages to relatives. [...] Was the duty of procedural fairness met, namely, was the applicant given an opportunity to address the Board's concerns?
-
1,220.
Rhéaume v. Canada (Attorney General) - 2002 FCT 332 - 2002-03-25
Federal Court Decisionsà 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. [...] [12] It is true that David Bull Laboratories (Canada) Inc. sets out the reasons why motions to strike are not to be encouraged in dealing with applications for judicial review. [...] However, Ms. Huneault's decision did not deal with the substance of the appeal, but only with the plaintiff's right to appeal and the Commission's power to hear it.
-
1,221.
Hage v. Canada (Minster of Citizenship and Immigration) - 2002 FCT 5 - 2002-01-03
Federal Court DecisionsThe applicant also argues that the visa officer failed to observe principles of natural justice, procedural fairness and ignored evidence. [...] [12] Counsel for the applicant also argues that the visa officer failed to observe a principle of natural justice, procedural fairness, and ignored evidence. [...] (c) The fairness obligation in the application of the visa officer's discretion under subsection 11(3) of the Immigration Regulations;
-
1,222.
Mahmood v. Canada - 2000-05-11
Federal Court DecisionsWe are also of the view that the action of your client does not fall within the ambit of the provisions of the Criminal Code dealing with crimes against humanity. [...] [6] Mr. Francoeur"s response noted that: "[w]e are also of the view that the action of your client does not fall within the ambit of the provisions of the Criminal Code dealing with crimes against humanity". [...] Procedural fairness requires open decision making. [16] In my view, the December 29, 1997 letter, when read together with the letter of September 29, 1997, adequately and fairly advised the applicant of the concerns of the Passport Office and the basis on which, after receiving the applicant"s submissions, it was decided to
-
1,223.
Sheridan v. Canada (Minister of National Revenue) - 2000-02-28
Federal Court DecisionsMS. LEE: I think it would depend on what view you take of the matter, ..., but I believe there is not a lot of dispute about the facts and I think that we are dealing with a fairly narrow issue. [...] [11] This decision was based on a Fairness Package Recommendation Report written by Mr. Frank Metanchuk, an appeals officer with the Saskatoon Tax Services office, and dated August 6, 1998. [...] As the applicant noted, however, the Fairness Package Recommendation Report of Mr. Metanchuk does contain a reference to an ongoing ALP review as of March, 1995.
-
1,224.
Public Service Alliance of Canada v. Canada (Attorney General) - 2018 FC 33 - 2018-01-15
Federal Court Decisions41 (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 [...] As to the alleged breach of procedural fairness, it is reviewable on a correctness standard. [...] C. Procedural Fairness [34] Given my conclusion above, it is unnecessary to reach a conclusion on this point.
-
1,225.
Dela Fuente v. Canada (Minister of Citizenship and Immigration) - 2005 FC 992 - 2005-07-15
Federal Court Decisions[19] The principle of legitimate expectations is part of procedural fairness. [...] [28] I now come to deal with Dave v. Canada (Minister of Citizenship and Immigration), 2005 FC 510; [2005] F.C.J. No. 686 (QL). [...] To paraphrase the French, it deals with the case "where the sponsor has become a permanent resident following an application to this effect...".