7,644 result(s)
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176.
Stukanov v. Canada (Attorney General) - 2018 FC 854 - 2018-08-24
Federal Court DecisionsHe further recommends that the CHRC not deal with the complaint because it is frivolous. [...] Although not characterized as such, this is a kind of procedural fairness argument. [...] [16] In my view, the Commission’s process did not deny the Applicant procedural fairness.
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177.
McConnell v. Canadian Human Rights Commission - 2004 FC 817 - 2004-06-08
Federal Court DecisionsI will not deal with Grainger or with anyone who seeks to limit my rights or attempts to marginalize my integrity in this regard. [...] I explained that this is standard procedure - I explained re: procedural fairness also. [...] She said she wants to deal with the Alberta HRC and they said they will accept her complaint if we give them jurisdiction.
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178.
Huggins v. Canada Post Corp. - 2005 FC 665 - 2005-05-12
Federal Court Decisions[5] The Commission agreed with the investigator and decided not to deal with the allegations. [...] 41. (1) ... the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] One is the applicable standard of review, and the other is procedural fairness.
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179.
Cameco Corporation v. Maxwell - 2007 FC 260 - 2007-03-07
Federal Court Decisions2 observe procedural fairness and based its 3 decision on an erroneous finding of fact that [...] 7 procedural fairness was abandoned and Cameco's 8 argument was to the effect that the Commission [...] 13 There was no breach of procedural fairness 14 here. 15 Cameco appears to have lost
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180.
Spruce Hollow Heavy Haul Ltd. v. Madill - 2014 FC 548 - 2014-06-05
Federal Court DecisionsAccording to Ms Knezacky’s evidence, HRSDC staff was instructed by Spruce Hollow to deal with Mr Madill exclusively. [...] [13] I note that according to an email in the record, counsel was retained by Spruce Hollow in November 2012 to “deal with this matter”. [...] If cause was not found, subsequent hearings would deal with the question of damages.
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181.
Johnston v. Canada Mortgage and Housing Corporation - 2004 FC 918 - 2004-06-25
Federal Court DecisionsThis judicial review application deals solely with the decision of the Commission dated December 19, 2002. [...] 3. the processing of Mr. Johnston's complaint was not procedurally fair. [...] 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
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182.
Malkine v. Canada (Minister of Citizenship and Immigration) - 1999-10-18
Federal Court DecisionsMr. Malkine noted that he had already purchased two buildings in Toronto and was negotiating a deal for a third building. [...] The visa officer asked that he provide evidence of his business dealings in Canada, and offered to give him time to gather the necessary documentation. [...] In that exchange, the only reason for delay in dealing with the application to which the officer referred was the outstanding report, apparently from CSIS.
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183.
Johnson v. Canada (Correctional Service) - 2014 FC 787 - 2014-08-08
Federal Court DecisionsThe Applicant chose to continue his grievance in order to deal with what he regarded as systemic issues. [...] This new evidence also does not go to a question of either procedural fairness or jurisdiction. [...] • Legislative changes to deal with the issue of vexatious grievors. [122] She then went on to conclude as follows on this issue:
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184.
Yue v. Bank of Montreal - 2020 FC 468 - 2020-04-01
Federal Court DecisionsCommission 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 [...] (3) Did the Commission breach Mr. Yue’s rights to procedural fairness? [...] In short, Mr. Yue’s procedural fairness claims in the Notice are nothing more than unsubstantiated and bare assertions.
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185.
Cheema v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 638 - 2002-06-04
Federal Court DecisionsIt is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention. [...] Paragraph R6(1)(e) dealing with adoptions and the family class repeats the prohibition against adoptions of convenience. [...] Subsection 158(2) of the OCFSA, dealing with the status of an adopted child, provides as follows:
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186.
Kim v. Canada (Citizenship and Immigration) - 1997-03-05
Federal Court DecisionsFairness and natural justice A principal issue raised for the applicant concerns the failure of those acting on behalf of the Minister to observe principles of fairness or of natural justice in reaching the decision under s-s. 70(5). [...] Thus, that written report includes no reference to the probation officer's dealing exclusively with spousal abusers. [...] However, when documents contain information of significance for the decision in relation to the applicant, which information has not been provided to him with a fair opportunity to comment in advance of the decision, then the decision is faulty and will be set aside as one made in breach of the principle of fairness.
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187.
Ali v. Canada (Citizenship and Immigration) - 2023 FC 757 - 2023-05-30
Federal Court DecisionsI will deal with each in turn. A. Procedural Fairness [7] Ms. Ali’s main contention is that she should have been provided with a recording of the PRRA hearing and that the failure to do so gave rise to a breach of procedural fairness. [...] I will also deal with the PRRA officer’s comments regarding her psychological evidence. [...] [29] Ms. Ali also challenges the portion of the decision that deals with gender discrimination because it fails to address cumulative discrimination.
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188.
Forster v. Canada (Attorney General) - 2006 FC 787 - 2006-06-20
Federal Court Decisions[51] I will first deal with the argument raised by the Respondents as to what evidence is properly before the Court in this application for judicial review. [...] Instead, we find a course of dealings in which the parties operate from an understanding of their respective rights and obligations. [...] Here, as in Hutchinson, we are not dealing with a pre-existing policy but rather with a course of conduct.
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189.
Yuan v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1356 - 2001-12-11
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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190.
Aslam v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 416 - 2008-04-02
Federal Court DecisionsCounsel for the Applicants argued that this relief was justified by fairness and due process concerns. [...] [9] The Court has enough urgent stay motions before it dealing with actual decisions that it cannot be burdened with premature motions of this sort. [...] The Respondent is under no legal obligation to respond to such demands and it is entitled to process these types of requests in a fair and orderly manner.
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191.
Mackie v. Via Rail Canada Inc. - 2023 FC 1148 - 2023-08-25
Federal Court DecisionsB. The Commission’s decision not to deal with the complaint [6] After receiving the complaint, the Commission wrote to the parties, raising the issue of whether a grievance or review procedure was available to deal with the matter. [...] It decided not to deal with Mr. Mackie’s complaint because a grievance procedure was available to deal with the issues raised, and the failure to exhaust that process was wholly attributable to Mr. Mackie. [...] The Court’s task on judicial review is to assess whether the decision maker’s decision was reasonable and fair, and not to re-decide the matter.
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192.
Gosal v. Canada (Attorney General) - 2011 FC 570 - 2011-05-18
Federal Court DecisionsOn January 29, 2008, the Commission sent a letter acknowledging that it would deal with her complaint. [...] [38] The bulk of Ms. Gosal’s submissions to the Commission deal with this section of the report. [...] The Court has thus decided to deal with it considering that at the hearing the respondent had the opportunity to deal with the issue.
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193.
Burlacu v. Canada (Attorney General) - 2022 FC 1112 - 2022-07-26
Federal Court DecisionsA. Did the decision maker observe the principles of natural justice and procedural fairness in dealing with the four grievances? [...] (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 [...] In this instance, Mr. Burlacu acknowledges the grievances in issue do not deal directly with harassment but arise in the context of underlying harassment concerns.
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194.
Tsui v. Canada Post Corporation - 2010 FC 860 - 2010-08-30
Federal Court DecisionsThe applicant was not satisfied with the outcome of any of these processes and in March of 2007, formally requested that the Commission deal with his complaint. [...] Canada Post argued that the Commission should not deal with the complaint. [...] [7] After collecting information from the parties on the internal processes conducted thus far, the Commission agreed to deal with the complaint and appointed an investigator in December of 2007.
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195.
Cob Roller Farms Ltd. v. 9072-3636 Québec Inc. (Écocert Canada) - 2022 FC 1487 - 2022-11-01
Federal Court DecisionsIn assessing procedural fairness, the Court must consider whether the procedure was fair having regard to all the circumstances: Canadian Pacific at para 54. [...] Applying these factors, Cob Roller argues that a high degree of procedural fairness was owed, while Écocert Canada argues that the duty of fairness is minimal. [...] As noted above, section 7.11 of the standard deals with termination, reduction, suspension, and withdrawal of certification.
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196.
Blackett v. Shaw Cablesystems - 2011 FC 376 - 2011-03-29
Federal Court Decisions[7] Breaches of the duty of procedural fairness are reviewable on the correctness standard. [...] The Commission’s discretion is subject to the rules of procedural fairness. [...] [9] In my view the Commission has complied with the rules of procedural fairness in exercising it discretion to not deal with the Applicant’s complaint.
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197.
Nagulesan v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1382 - 2004-10-07
Federal Court DecisionsHe also submits that the RPD breached its duty of fairness by failing to consider additional evidence filed after the hearing but before the decision was made. [...] Having failed to do so, he cannot allege a breach of the duty of fairness. [...] The RPD simply failed to deal with this matter. A breach of procedural fairness can only be overlooked if there is no doubt that it had no material effect on the decision.
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198.
Public Service Alliance of Canada v. Attorney General - 2004 FC 1739 - 2004-12-14
Federal Court DecisionsNo issue was raised about the process followed by the Commission in terms of fairness of the process, at least concerning the opportunity to comment in advance of the Commission's decision. [...] [13] I would deal briefly with some of the issues raised on behalf of the respondent. [...] Since the issue here concerns jurisdiction and since I do not deal with the merits of the application except on the issue of fairness because of the absence of reasons as required by the Act, a matter of law, the only standard of significance here is correctnesss.
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199.
Rozenkovicius v. Canada - 1997-03-26
Federal Court DecisionsIn fairness the applicant ought not to be allowed to trick the visa officer as his lawyers seem to be inclined to do. [...] Just as the respondent must be made to deal fairly with the applicant, so the applicant must deal fairly with the respondent and not engage in the apparent attempt at trickery by blowing hot and cold, as here. [...] There is no rule which exempts individual applicants from treating the Minister fairly, while requiring eternal fair dealings on the Minister's behalf.
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200.
Rukmangathan v. Canada (Minister of Citizenship and Immigration) - 2004 FC 284 - 2004-02-26
Federal Court Decisions...Visa officers deal with many applications, one can expect that they will not have as precise a memory of the event as does the applicant. [...] [40] The applicant's submission in relation to breaches of procedural fairness because of alleged undertakings that the officer made, but did not complete, is best left for another day, as I am not satisfied that the cases cited by the applicant in support of this issue are directly on point, as they deal with actions of [...] The cases cited by him deal with the interrelationship between the occupational and experience factors and are not applicable to the present situation.