11,312 result(s)
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3,501.
Apotex Inc. v. H. Lundbeck A/S - 2013 FC 1188 - 2013-11-26
Federal Court DecisionsIts prime submissions are that it should be awarded costs at the high-end of Column V of Tariff B of the Federal Courts Rules and that those costs should be doubled following a settlement offer as it faired better in the result. [...] [4] I shall deal with the submissions in their order of presentation, combining those which are very similar in nature. [...] Examinations for discovery are transcribed in order to adequately and properly deal with undertakings and objections.
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3,502.
Trevor Nicholas Construction Co. Limited v. Canada - 2012 FCA 111 - 2012-04-11
Federal Court of Appeal Decisions1. Did the Judge have jurisdiction to deal with or assess costs incurred before the Federal Court of Appeal? [...] 2. Did the Judge err in law by dealing with costs of prior motions that were before other judges and prothonotaries, when only a trial Judge may deal with such costs? [...] A trial judge may deal with prior interlocutory cost orders, subject to one caveat.
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3,503.
Guccio Gucci S.p.A. v. Mazzei - 2012 FC 404 - 2012-04-11
Federal Court DecisionsThe Plaintiffs submit that the eight following dealings amount to the infringement of their trade-marks: [...] The last two events, however, did not deal directly with the sale and advertisement of goods; rather, they deal with their display. [...] It was found fair to award damages of $3,000 per infringement against flea market vendors, street vendors and itinerant sellers; $6,000 against fixed retail establishments; and $24,000 against importers, distributors and manufacturers.
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3,504.
9136-6872 Québec Inc. v. The Queen - 2010 TCC 91 - 2010-03-05
Tax Court of Canada Judgments(B) the fair market value of the building immediately before its disposition exceeds the proceeds of disposition referred to in subparagraph (i). [...] For paragraph 13(21.1)(a) to apply, the Appellant, or a person with whom the Appellant does not deal at arm's length, must dispose of the subjacent land during the year, which is not the case here. [...] The facts of the instant case do not allow this paragraph to be applied because neither the Appellant, nor a person with whom it was not dealing at arm's length, disposed of the subjacent land during the year.
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3,505.
Adams v. The Queen - 2005 TCC 237 - 2005-04-08
Tax Court of Canada Judgments(b) a partnership in which interests that exceed in total value 10% of the fair market value of all interests in the partnership are owned by persons resident in Canada or corporations controlled by persons resident in Canada, or [...] Derived from traitant [dealing with], traiter [to deal with], Lat. tractare. [...] (i) does not deal at arm's length with the employer, or is a specified shareholder of the employer, or
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3,506.
Begum v. Canada (Citizenship and Immigration) - 2017 FC 409 - 2017-04-26
Federal Court Decisions69. This contextual approach 1s particularly important in analyzing race based equality claims dealing with indirect (or adverse impact) discrimination. [...] (c) Procedural Fairness and Equality as a Principal of Fundamental Justice [...] [210] This is a fairly lengthy Decision (119 paragraphs) that deals with a voluminous mass of evidence and some complex legal issues.
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3,507.
Canadian Security Intelligence Service Act (CA) (Re) - 2021 FCA 92 - 2021-05-12
Federal Court of Appeal Decisions[20] Justice Gleeson was subsequently assigned to deal with the fresh warrant application. [...] B. Fairness: i. How closely linked was the illegal activity to the collection of the information? [...] As officers of justice, counsel in particular are bound by their professional code of conduct to treat courts and tribunals with fairness and in a way that promotes the parties’ right to a fair hearing in which justice can be done.
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3,508.
Gerus v. Canada (Attorney General) - 2008 FC 1344 - 2008-12-03
Federal Court Decisions1. Was the Applicant denied procedural fairness? If there was a breach of procedural fairness, is the Applicant estopped from arguing a breach of procedural fairness because he declined the Respondent’s offer to make submissions to the decision maker? [...] (2) No collective agreement may deal with matters governed by the staffing program. [...] Was the Applicant denied procedural fairness? If there was a breach of procedural fairness, is the Applicant estopped from arguing a breach of procedural fairness because he declined the Respondent’s offer to make submissions to the decision maker?
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3,509.
Weatherford Canada Ltd. v. Corlac Inc. - 2010 FC 602 - 2010-06-03
Federal Court DecisionsShane Fair.................................................................................................... 60 [...] Shane Fair [60] Shane Fair worked at the Elk Point site in 1991 and was responsible for reporting on the first stuffing box delivered to Amoco and the result of its operation. [...] [266] Britton was careful and not open in his dealings with Grenke in 1991.
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3,510.
Jensen v. Samsung Electronics Co. Ltd. - 2021 FC 1185 - 2021-11-05
Federal Court DecisionsNot surprisingly, the parties have indeed spent a fair amount of their written and oral submissions on this point. [...] These notably include agreements between competitors that do not fall within the scope of section 45 as well as unilateral conduct by firms with market power, such as abuse of dominance, exclusive dealing, tied selling, price maintenance or refusal to deal. [...] (i) would fairly and adequately represent the interests of the class,
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3,511.
Sarmiento Florez v. Canada (Citizenship and Immigration) - 2021 FC 1033 - 2021-10-06
Federal Court Decisions[24] The Applicants submit that by stripping the Applicants’ claim of the political context, the RAD rendered an unreasonable decision when dealing with the issue of state protection. [...] [31] In the circumstances, I am satisfied that there was no denial of procedural fairness. [...] The Applicants had the opportunity to present their case, fully and fairly, and have it determined in a fair, impartial, and open process.
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3,512.
Wood v. Canada (Attorney General) - 2015 FC 2 - 2015-01-06
Federal Court DecisionsThe CPU was prepared in accordance with a fair process in which Mr Wood was consulted and interviewed. [...] [15] Fairness did not require that Mr Wood be given an opportunity to review a draft of the CPU before it was finalized. [...] for Mr Wood to take, if he disagreed, was to request a file correction under s 24 of the CCRA. Mr Wood rightly points out that the contents of a correctional plan can be the subject of a grievance, but the CCRA contains a specific mechanism for dealing with concerns about accuracy (as opposed to fairness, for example).
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3,513.
Anwar v. Canada (Citizenship and Immigration) - 2014 FC 681 - 2014-07-11
Federal Court DecisionsA. Did the Board breach its duty of procedural fairness to the Applicant? [...] The man told the Applicant that he would “be back to deal with him” and that the Applicant could not escape. [...] A. Did the Board breach its duty of procedural fairness to the Applicant?
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3,514.
Sylvester v. Canada ( Attorney General) - 2013 FC 904 - 2013-08-27
Federal Court DecisionsStandard of review and duty of fairness [9] The applicant was unrepresented and provided no Memorandum of Fact and Law. The respondent nevertheless fully described the standard of review and the content of the duty of fairness in its Memorandum, which was further supplemented by the Court’s explanations during the hearing. [...] [11] On issues of procedural fairness, the standard of review is correctness (see Clue). [...] Previous cases of this court have determined that the level of fairness in cases dealing with the denial or revocation of security clearance should be limited to the right to know the facts alleged against the applicant and the right to make representations about those facts, without any guarantee of a right to a hearing.
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3,515.
Service v. Canada (Citizenship and Immigration) - 2010 FC 47 - 2010-01-18
Federal Court Decisions[13] The Applicant argues that the RPD committed breaches of procedural fairness by denying him an adjournment, thereby compromising his ability to fully, fairly and adequately present his case, and by failing to allow him to attend physically, rather than by video conference. [...] Questions of procedural fairness are reviewable upon the standard of correctness; see Sketchley v. Canada (Attorney General), [2006] 3 F.C.R. 392 at paras. 52-55. [...] (3) Si la partie veut faire sa demande deux jours ouvrables ou moins avant la procédure, elle se présente à la procédure et fait sa demande oralement.
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3,516.
Lasin v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1356 - 2005-10-04
Federal Court Decisions[8] Did the immigration officer breach the applicant's right to procedural fairness leading up to and during the proceeding? [...] [11] The applicant also claims that the failure on the part of the immigration officer to provide him with notice of the right to a qualified interpreter during the proceeding was a breach of procedural fairness. [...] Rather the Act sets out specific procedures for dealing with them in ss. 25, and 112 respectively.
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3,517.
Brown v. Canada (Attorney General) - 2024 FC 1245 - 2024-08-09
Federal Court Decisions[3] Between June 2019 and March 2021, the Applicant’s union filed three internal grievances on her behalf to deal with some of her workplace issues. [...] [5] On June 28, 2023, the CHRC decided to not deal with the complaint, other than the ongoing grievance which the CHRC decided not to deal with at this time. [...] 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
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3,518.
Telus Communications Company v. Canadian Radio-Television and Telecommunications Commission - 2010 FCA 191 - 2010-07-19
Federal Court of Appeal DecisionsHowever, I should deal with two preliminary issues before addressing the grounds of the appeal. [...] Procedural fairness [15] TELUS complains that it was denied procedural fairness in three principal respects. [...] [22] Five more particular considerations undermine TELUS’s argument that it was denied procedural fairness.
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3,519.
Prince Edward Island Potato Board v. Canada (Agriculture and Agri-Food) - 2023 FC 535 - 2023-04-13
Federal Court Decisions[32] The parties also agree (and I concur) on the approach to the procedural fairness issue. [...] 62. Justiciability, sometimes called the “political questions objection,” concerns the appropriateness and ability of a court to deal with an issue before it. [...] Some questions are so political that courts are incapable or unsuited to deal with them, or should not deal with them in light of the time-honoured demarcation of powers between the courts and the other branches of government.
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3,520.
Janssen-Ortho Inc. v. Apotex Inc. - 2009 FC 650 - 2009-06-19
Federal Court DecisionsAt the time this motion was initially argued there was a dearth of modern authority dealing with disclaimers. [...] 41. The scope of patent protection must not only be fair, it must be reasonably predictable. [...] It does not respond to the allegations in the NOA dealing with non-infringement and invalidity.
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3,521.
McIlvenna v. Bank of Nova Scotia (Scotiabank) - 2017 FC 699 - 2017-07-19
Federal Court Decisions[28] The duty of procedural fairness requires that the Commission’s decision be both neutral and thorough. [...] [29] The parties disagree as to the appropriate standard to review the fairness of the investigation. [...] [67] The law concerning the standard of review for procedural fairness is currently unsettled.
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3,522.
Kanagaratnam v. Canada (Citizenship and Immigration) - 2015 FC 885 - 2015-07-20
Federal Court DecisionsThis underscores the graveness of such allegations and absent exceptional circumstances, immigration proceedings dealing with war crimes should be provided generous leeway to proceed. [...] Consequently, I do not find there was a violation of procedural fairness in this case. [...] On this point, Justice Strickland concluded that no such breach of fairness occurs:
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3,523.
Sketchley v. Canada (Attorney General) - 2004 FC 1151 - 2004-08-20
Federal Court DecisionsIn his decision, Justice Cullen never deals directly with the policy as such. [...] The investigation report does not deal with this evidence. Was the evidence not accepted? [...] In my opinion, the investigation report did not deal with this evidence and consequently, the investigation report did not deal with the applicant's first part of her complaint which was that the respondent failed to supply her with an harassment free work place.
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3,524.
McCuaig Balkwill v. The Queen - 2018 TCC 99 - 2018-06-12
Tax Court of Canada JudgmentsThe parties disagree on the appropriate valuation methodology and, for that reason, on the fair market values. [...] [4] The charities’ appraisal of the donated bottles’ fair market value was $23,600. [...] THE DEFINITION OF FAIR MARKET VALUE 8 The well-accepted definition of fair market value is found in the decision of Cattanach J. in Henderson Estate and Bank of New York v. M.N.R. 73 D.T.C. 5471 at 5476:
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3,525.
Apotex Inc v. Canada (Health) - 2016 FC 776 - 2016-07-08
Federal Court Decisions• The Prothonotary breached procedural fairness by failing to consider the submissions of Apotex, including failing to consider its request that an oral hearing be held; [...] [29] No breach of procedural fairness results from the determination of the motion in writing. [...] The prothonotaries deal with an extraordinary volume of procedural issues.