7,631 result(s)
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126.
Alberta v. Canadian Copyright Licensing Agency (Access Copyright) - 2024 FC 292 - 2024-02-22
Federal Court Decisions[27] This Court found that the interim tariff was enforceable against York University and that neither its fair dealing guidelines nor its actual practices constituted fair dealing. [...] The Plaintiffs were granted leave to appeal the fair dealing issue to the Supreme Court. [...] In particular, it introduced education as an allowable fair dealing purpose.
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127.
Berberi v. Canadian Human Rights Tribunal - 2011 FC 485 - 2011-04-21
Federal Court DecisionsIn my opinion, three issues raise questions of procedural fairness and are reviewable on the standard of correctness; that is the postponement issue, the alleged error of the Tribunal in dealing only with the question of remedies, and the competency of counsel. [...] [47] The remaining issue of procedural fairness concerns the competency of counsel. [...] The Tribunal correctly went on to deal with the issue of a remedy, including monetary compensation.
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128.
Cowdrey v. Canada (Attorney General) - 2010 FC 171 - 2010-02-24
Federal Court Decisions[18] I wish to first deal with Issue 3. [19] Issue 3 Did the Chairperson’s decision to proceed in the absence of legal counsel for the applicant constitute a breach of procedural fairness? [...] It deals with whether the applicant’s alleged conduct was likely to jeopardize the security of the penitentiary. [...] [29] Because of my finding on Issue 3, I need not deal with the other issues.
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129.
Elfar v. Canada (Citizenship and Immigration) - 2012 FC 51 - 2012-01-13
Federal Court DecisionsThose who are not truthful in some of their dealings with immigration authorities cannot be presumed to be truthful when it comes to their other dealings, even when such other dealings are in respect of a different type of application. [...] A. Did the Board breach Mr. Elfar’s procedural fairness rights? [17] Mr. Elfar submits that the Board breached his rights to procedural fairness by: [...] This satisfied his procedural fairness rights in respect of his application under sections 96 and 97 of the IRPA.
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130.
Yue v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1004 - 2002-09-25
Federal Court DecisionsSuch a course of action is suggested in the Guideline [Immigration Guidelines] in section 2.7.4 dealing with the bona-fides of minor students: [...] Counsel for the applicant in the case at bar suggested that the visa officer could provide the applicant with a fair opportunity to deal with the concern by a telephone call or a letter. [...] The applicant must be given a fair opportunity to deal with this concern before the visa officer applies their general experience to this specific applicant.
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131.
Mercier v. Canada (Attorney General) - 1996-09-03
Federal Court DecisionsWith regard to point 2 dealing with paragraph 6 on inmate C. CSC finds nothing exceptional in the fact that an inmate was in pyjamas. [...] She had to deal with the inmate’s delinquent conduct, be fair and equitable with him while earning his respect with full authority to act when an inmate committed an offence. [...] There was no training or course of action to deal with the issue of inmates’ tactics of a sexual nature.
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132.
Elsipogtog First Nation v. Peters - 2012 FC 398 - 2012-04-05
Federal Court Decisions(c) Did the Adjudicator commit a breach of natural justice or procedural fairness? [...] C. Did the Adjudicator Commit a Breach of Natural Justice or Procedural Fairness? [...] No breach of natural justice or procedural fairness was committed in this instance.
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133.
D'Angelo v. Canada (Attorney General) - 2014 FC 1120 - 2014-11-24
Federal Court DecisionsIf not, are there guidelines in place to ensure fairness for everyone involved? [...] B Did the Commission fail to provide adequate reasons, thereby violating the principles of procedural fairness and natural justice? [...] 22 It is true that the breach of a duty of procedural fairness is an error in law.
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134.
Mokrycke v. Canada (Attorney General) - 2020 FC 1027 - 2020-11-03
Federal Court Decisions[23] The applicant then retained a lawyer, John H. Loukidelis, to deal with the CRA on his behalf. [...] Specifically, the applicant had relied on tax professionals to deal with the matter for him because he was unable to do so at the time. [...] B. Was there a breach of the requirements of natural justice and procedural fairness?
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135.
Strauss Enterprises Ltd. v. Canada (Health) - 2008 FC 1305 - 2008-11-21
Federal Court DecisionsIn the alternative, the Minister says that Strauss was, at all times, dealt with fairly and, to the extent that fairness was required, it was met. [...] Strauss was also charged with a related offence dealing with the adequacy of its product labelling. [...] [13] Section C.01.041 of the FDA Regulations deals with the retail sale of prescription drugs.
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136.
Verreault v. Canada (Attorney General) - 2023 FC 1019 - 2023-07-26
Federal Court DecisionsAn applicant has the right to know the case to meet and to have a full and fair chance to respond. [...] [30] Mr. Verreault’s written submissions do not deal with the issue of whether the Decision is reasonable. [...] However, since the AGC does deal with this issue at length in the AGC’s memorandum of fact and law, and since counsel for Mr. Verreault also made several remarks in this regard at the hearing before the Court, it is appropriate to deal with this issue.
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137.
Chaudhry v. Canada (Citizenship and Immigration) - 2023 FC 785 - 2023-06-08
Federal Court Decisions[3] The Applicant argues that he was denied procedural fairness because the RAD did not deal with his request to file new evidence on his appeal. [...] Was the Applicant denied procedural fairness when the RAD failed to deal with his request to file new evidence? [...] A. Was the Applicant denied procedural fairness? [16] The question on this aspect of the case is whether the RAD’s failure to deal with the Applicant’s request to submit new evidence amounted to a denial of procedural fairness.
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138.
Bell v. Canada (Citizenship and Immigration) - 2012 FC 783 - 2012-06-19
Federal Court Decisionsn’aurait pu, malgré des efforts raisonnables, le faire par écrit avant la procédure. [...] ou moins avant la procédure, la partie doit se présenter à la procédure et faire sa demande [...] He also points to subsection 162(2) of the Act which provides the IAD “shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and justice permit.” In this case, there was no breach of procedural fairness when the IAD did not grant the Applicant an
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139.
Chrétien v. Canada (Commission of Inquiry into the Sponsorship Program and Advertising Activities) - 2008 FC 802 - 2008-06-26
Federal Court DecisionsThese paragraphs and exhibits deal with interviews that Commissioner Gomery gave to the media in December 2004. [...] That is not the case of the newspaper articles we are dealing with here. [...] Administrative boards that deal with matters of policy will be closely comparable to the boards composed of municipal councillors.
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140.
Canada Post Corp. v. Canada (Attorney General) - 2000-04-06
Federal Court DecisionsPursuant to paragraph 41(a) of the Canadian Human Rights Act, the Commission has resolved to deal with the complaint because: [...] [26] Lastly, contrary to the applicant"s submissions, I am satisfied that the Commission did not breach any principles of procedural fairness. [...] [28] Considering that all parties were advised of the Section 40/41 Analysis Report completed by the Commission and that submissions were made by the applicant,16 I am of the opinion that the process was indeed fair.
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141.
Contour Optik Inc. v. Viva Canada Inc. - 2005 FC 724 - 2005-05-19
Federal Court DecisionsOne must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., per Addy J. at p. 109. [...] All litigation should be disclosed, whether before the Federal Court or other courts, and whether of not same deal with the Canadian '714 Patent, the US '545 Patent or any other patent dealing with magnetic eyewear; [...] [14] In a fair number of situations or classes, Contour and Chic consider in the circumstances that Viva's demands are unreasonable and in the nature of a fishing expedition.
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142.
Seaspan International Ltd. v. Ewa (Ship) - 2004 FC 124 - 2004-01-26
Federal Court DecisionsVermeulen 1 deals with claims, as opposed to legal proceedings. Brule question 4 deals with the "formal" assertion of a claim, whereas Brule question 5 asks whether Lafarge ever commenced a lawsuit against Seaspan or the barge Seaspan 433. [...] The Chambers Judge denied wholesale production, but did require portions of the agreement dealing with releases, covenant not to sue, reservations of rights, admissions and provisions dealing with evidentiary arrangements to be produced. [...] The questions dealing with claims by the Co-plaintiffs against Seaspan need not be answered.
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143.
Orr v. Fort McKay First Nation - 2011 FC 37 - 2011-01-13
Federal Court DecisionsAt this stage, there is no evidence that a general system of rules dealing with such matters has been adopted, and there is nothing in that respect in the Election Code. [...] However, members of bands are individuals who, in my opinion, are entitled to due process and procedural fairness in procedures of tribunals that affect them. [...] To the extent that this Court has jurisdiction, the principles of natural justice and procedural fairness are to be applied.
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144.
Ernst v. Canadian National Railway Company - 2021 FC 16 - 2021-01-06
Federal Court Decisions... ... 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 [...] [44] I will now deal with the Applicant’s submissions on procedural fairness. [...] Likewise, I decline to deal with other issues of procedural unfairness or issues of alleged unreasonableness.
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145.
Morin v. Canada - 2000-03-22
Federal Court Decisions[5] The leases contain a provision for negotiating the annual fair market rent payable for the period of 5 years commencing April 1, 1999. [...] Failing agreement between the parties as to fair market rent, the leases provide that the Minister of Indian Affairs and Northern Development (the "Minister") determines the "fair market rent" payable for the five year term. [...] [29] This decision, as well as the two others cited by the Defendant, are fairly compelling.
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146.
Law v. Canada (Citizenship and Immigration) - 2007 FC 1006 - 2007-10-03
Federal Court DecisionsWe are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] [...] 57. In the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter. [...] [20] In the present instance, the applicant was provided with a fair hearing and an opportunity to fully present his case.
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147.
Mclennan v. Canada (Minister of National Defence) - 1998-06-12
Federal Court DecisionsThe first is whether the application should be considered in circumstances where the applicant did not pursue to completion the internal grievance process to deal with his concerns about his involuntary release. [...] In finding that procedural fairness had not been met, Mr. Justice Cullen wrote: [...] It is my opinion that procedural fairness is lacking in these circumstances.
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148.
Twinn v. Sawridge First Nation - 2017 FC 407 - 2017-04-26
Federal Court Decisions3. As the first two grounds of Appeal are duplicitous and overlapping, I would propose and will deal with them together. [...] Procedural Fairness [113] The Applicants raise the following procedural fairness issues: [...] The material matters of concern that the CEO could deal with – the handling of Walter’s ballot and the Voters List issues – were reasonably and fairly dealt with on the basis of written submissions.
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149.
McNabb v. Canada Post Corporation - 2006 FC 1130 - 2006-09-22
Federal Court DecisionsSection 7 deals with discrimination, in the course of employment, on a prohibited ground of discrimination. [...] The Investigation Report deals with the substance of these allegations although no specific reference is made to section 10. [...] Both the rules of natural justice and the duty of fairness are variable standards.
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150.
Amin v. Canada (Citizenship and Immigration) - 2013 FC 206 - 2013-02-28
Federal Court Decisions[22] The applicant submits that the Gender Guidelines have four components, the first two dealing with substantive grounds of prosecution, the second two dealing with evidence and procedure. [...] [28] I wish to now deal with Issue 3. [29] Issue 3 Was the duty of fairness breached by non-disclosure of extrinsic evidence and the absence of an opportunity to respond? [...] [33] Because of my finding on Issue 3, I need not deal with Issue 2.