7,645 result(s)
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1,251.
Robinson v. Canada (Attorney General) - 2006 FC 1064 - 2006-09-07
Federal Court Decisions3. There is an overall duty to act fairly by ensuring that the inquiry is carried out in a fair manner and with due regard to natural justice. [...] ¶ 16 It is quite clear that the informal resolution of disciplinary offences is an important aspect of dealing with the offence, but is not a mandatory step. [...] [36] I will not deal with the remaining issue as I am of the opinion that the decision of the Chairperson in what concerns the section 40(j) charge for being in possession of an unauthorized item should be quashed as the procedural fairness guarantees established in the CCRR were violated and the Chairperson erred in law in
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1,252.
Hayden Manufacturing Co. v. Canplas Industries Ltd. - 1998-08-20
Federal Court Decisions5. Before requiring an answer to a discovery question, the court should weigh the probability of the usefulness of the answer against the time, trouble, expense and difficulty which might be involved in obtaining it: "One must look at what is reasonable and fair under the circumstances: . . . [...] [17] Question 263 deals with the trademark of another firm and that question was answered. [...] [18] Question 269 deals with the date of the sale or public knowledge relating to the same inlet valve.
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1,253.
Graymar Equipment (2008) Inc. v. Cosco Pacific Shipping Ltd. - 2018 FC 974 - 2018-10-02
Federal Court DecisionsSummary judgments go back to 1978, while Rule 216, dealing with summary trials, was only added in 2009. [...] Lawyers should consider their client’s limited means and the nature of their case and fashion proportionate means to achieve a fair and just result. [...] The summary of these invoices by Mr. Braconnier indicates that a fair amount of the repair work was done by Fraser River.
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1,254.
Ponnusamy v. Canada (Minister of Citizenship and Immigration) - 2000-06-16
Federal Court DecisionsBecause I'm not dealing with whether or not you can sponsor a fiancee to come here. [...] I'm dealing with the fact that you've still got an outstanding deportation order against you. [...] b) faire prêter serment et interroger sous serment; (c) during a hearing, receive such additional evidence as it may consider credible or trustworthy and necessary for dealing with the subject-matter before it.
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1,255.
Tractor Supply Co. of Texas v. TSC Stores LP - 2009 FC 154 - 2009-02-12
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] Such information is not only a requirement of fairness but may also in fact contribute to a saving of the Court’s time... [...] Hence, I do not see any problem with Prothonotary Milczynski’s decision in so far as it deals with procedural abuse.
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1,256.
Buffalo v. Canada - 2003 FC 975 - 2003-08-12
Federal Court Decisions[39] R. v. Brown, [2001] P.E.I.J. No. 8 (S.C.T.D.) is another recent case dealing with the same parliamentary privilege. [...] [51] This section's purpose is to ensure fair adjudications of individual rights and obligations. [...] It deals with procedural fairness, which implies the right to state one's case adequately; see Canada (Attorney General) v. Central Carthage Co., [1990] 2 F.C. 641 (C.A.) at paras. 39-40.
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1,257.
Hardy Estate v. Canada (Attorney General) - 2013 FC 728 - 2013-07-02
Federal Court Decisions[30] Karl Hardy submitted a letter dated March 27, 2012 requesting that I immediately deal with the Hardys’ motions. [...] [31] Karl Hardy submitted another letter on April 3, 2012 repeating his request that I deal with the Hardys’ outstanding motions. [...] Up to this point, all of my dealings with the parties had been in writing.
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1,258.
Sauvé v. Canada (Attorney General) - 2016 FC 401 - 2016-04-11
Federal Court DecisionsIn determining that the commission report was reviewable, the Court of Appeal relied upon paragraph 18.1(4)(b) of the FC Act dealing with procedural fairness and natural justice. [...] Matters dealing with privacy rights are therefore also very important. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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1,259.
Employee no. 1 v. Canada - 2006 FC 699 - 2006-06-05
Federal Court Decisions[...] En outre, les employés de la Fonction publique qui reçoivent actuellement une prime de bilinguisme continueront de le faire, comme dans le passé. [...] I believe that this question should be submitted to the judge who will hear the application for judicial review for a fair and complete determination of the rights of the parties to the litigation. [...] [22] Lastly, it should be noted that the applicants have included claims in this application that deal with matters that were not before the decision-maker in August 1999.
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1,260.
Canada (Citizenship and Immigration) v. Mahjoub - 2011 FC 887 - 2011-07-14
Federal Court DecisionsThe law then says that in fairness and consistency, it must be entirely waived. [...] At the time when the arrangement was being negotiated what was your understanding about dealing with solicitor/client calls? [...] At the time when the arrangement was being negotiated what was your understanding about dealing with solicitor/client calls?
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1,261.
Arunachalam v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 997 - 2001-09-06
Federal Court DecisionsI deal with these issues in turn. Evidence concerning consideration of claim prior to referral to CRDD panel [...] Moreover, the claimant already having forgotten a crucial response which deals with the centrality of his alleged persecution leads the panel to believe that the translator had interpreted the issue correctly. [...] The work of the panel is, in some respects, judicial, and it is subject to review on issues of fairness and of law.
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1,262.
Harms v. Canada (Deputy Commissioner, Correctional Service, Pacific Region) - 2000-10-23
Federal Court DecisionsThe present decision will deal with both applications since the factual backgrounds and the impugned decisions are virtually identical. [...] It cannot be demonstrated that it was a decision arrived at fairly because the factual underpinnings of that allegation have not been revealed. [...] Mr. Petrovic has also received serious disciplinary convictions at Mission for Poss./Deals In Contraband on 98.12.17 when 5 gallons of brew were found in his cell, resulting in punitive dissociation for 10 days and a $10 fine.
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1,263.
Pelletier v. Delorme - 2019 FC 1487 - 2019-12-13
Federal Court DecisionsAccording to the Respondents, the fairness of the Decisions is self-evident. [...] The first is whether the Applicants are entitled to procedural fairness. [...] In McLeod Lake Indian Band v Chingee, 153 FTR 257, 165 DLR (4th) 358 (FCTD), though dealing with an election dispute, Justice Reed stated at para 10:
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1,264.
Wreggitt v. Canada (Attorney General) - 2007 FC 1223 - 2007-11-21
Federal Court Decisions• the selection board was to ensure that the re-assessment was fair and transparent; [...] a. Was the re-assessment fair and transparent? b. Was the re-assessment based on accurate and complete information? [...] At most, she had expressed some frustration at having to deal with the consequences of Mr. Wreggitt’s contacts with people outside of his institution.
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1,265.
Doucet v. Byers Transportation System Inc. - 2005 FC 786 - 2005-06-01
Federal Court DecisionsOn questions of procedural fairness or the duty of fairness, including the provision or sufficiency of reasons, the issue of the applicable standard of review does not apply. [...] 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. [...] [57] I need not deal with the other issues raised by the applicant. [58] The applicant shall have her costs of the application.
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1,266.
O’Grady v. Bell Canada - 2012 FC 1448 - 2012-12-07
Federal Court Decisionse. an order for Final Release to be void ab initio since procedural fairness in the manner of termination was denied; [...] 2. Was the Commission’s decision not to deal with Ms. O’Grady’s complaint reasonable? [...] Therefore, the Commission should not have refused to deal with her complaint.
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1,267.
Cartwright v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 792 - 2003-06-26
Federal Court DecisionsFirst, he argues that the IAD violated a principle of procedural fairness. [...] Relying on five factors set out in Baker for the determination of the content and scope of procedural fairness, the Applicant says that a high degree of procedural fairness should be applied in his case. [...] [63] Subsection 64(2) deals with the definition of serious criminality in the context of curtailing appeal rights.
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1,268.
GDC Gatineau Development Corporation v. Canada (Public Works and Government Services) - 2009 FC 1295 - 2009-12-21
Federal Court DecisionsChief Justice Lutfy was dealing with an apparently early motion for a stay brought by the Crown as a respondent where the applicant wished to prosecute both proceedings simultaneously. [...] The cancellation and re-issuance of a solicitation is a serious matter involving fairness to suppliers and fair value to taxpayers. [...] That possibility is recognized in some of the policy guidelines which deal with federal government tendering practises, but it is not expressed in imperative language.
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1,269.
Tran v. Canada (Citizenship and Immigration) - 2020 FC 215 - 2020-02-06
Federal Court DecisionsThe original motion was brought pursuant to Rule 152 of the Federal Courts Rules, SOR/98-106 [the Rules], which deals with confidential material, and it was proposed that it be dealt with in writing. [...] On the procedural fairness issue, the Respondent submitted that the Court and the parties had all of the necessary material to conduct a meaningful judicial review and the Applicant was not denied a fair hearing because of the lack of disclosure of this material. [...] There was an exchange of correspondence, and a pre-hearing teleconference was convened by the Court to deal with the manner of proceeding.
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1,270.
Esquega v. Canada (Attorney General) - 2007 FC 878 - 2007-08-31
Federal Court DecisionsI will deal with this issue first. [45] Issue 4 Is the application for judicial review moot? [...] The Court, however, declined to deal with the issue of fetal rights under s. 7 of the Charter and stated, at pp. 571-72: [...] [66] I propose to now deal with Issues 2 and 3 raised by the applicants.
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1,271.
Rhéaume v. Canada (Attorney General) - 2009 FC 1273 - 2009-12-16
Federal Court Decisions(i) a provision of a statute, or of a regulation, by‑law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or [...] peuvent, dans les cas où l’un ou l’autre cherche à faire exécuter une obligation qui, selon lui, découlerait de cette convention ou décision, renvoyer l’affaire à la Commission, dans les formes réglementaires, sauf s’il s’agit d’une obligation dont l’exécution peut faire l’objet d’un grief de la part d’un fonctionnaire de [...] Since the respondent did not appeal the Prothonotary’s decision in a timely manner, there is no need to deal with this application any further.
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1,272.
Canadian Society of Immigration Consultants v. Canada (Citizenship and Immigration) - 2011 FC 1435 - 2011-12-08
Federal Court Decisions[...] During any transitional period CIC may have to deal with the following issues in order to avoid disruption in the operations of the regulator: [...] The transitional provision in section 6 of Bill C-35 also deals with this issue. [...] The new section 91(7) in Bill C-35 would appear to deal with this issue.
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1,273.
A.B. v. Canada (Citizenship and Immigration) - 2019 FC 165 - 2019-02-08
Federal Court DecisionsI will deal with the appropriate standard of review in the analysis of each issue. [...] [54] A court assessing a procedural fairness argument is required to ask whether the procedure was fair having regard to all of the circumstances, including the Baker factors. [...] As the Officer observed, the police cannot be faulted for failing to deal with these events as related to the cartels, when the Applicant never stated this as a concern.
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1,274.
North Vancouver Airlines Ltd. v. Canada (Minister of National Revenue) - 2006 FC 531 - 2006-04-27
Federal Court Decisions"Having reviewed the audit and appeals activities I find no unreasonable amount of time spent in dealing with the audit, the appeals process or previous fairness reviews. [...] [17] By way of background I reproduce section 6 to 9 of the Fairness Guidelines: [...] He states only the interest and penalties have been held in escrow pending the results of the fairness application.
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1,275.
Ruckpaul v. Canada (Minister of Citizenship and Immigration) - 2004 FC 149 - 2004-01-30
Federal Court Decisions[5] Her counsel argues she was denied procedural fairness in the handling of her complaint for the following reasons: [...] In determining the degree of thoroughness of investigation required to be in accordance with the rules of procedural fairness, Justice Nadon noted the interests to be balanced, the parties interest in procedural fairness and the Commission's interest in maintaining a workable and administratively effective system. [...] [74] Given the conclusion I have reached I need not deal with the section 32(2) issue.