11,316 result(s)
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6,151.
Pfizer Canada Inc. v. Apotex Inc. - 1999-06-15
Federal Court Decisions5. (1) Lorsqu'une personne dépose ou a déposé une demande d'avis de conformité pour une drogue et souhaite en faire la comparaison, ou faire renvoi, à une autre drogue qui a été commercialisée au Canada aux termes d'un avis de conformité délivré à la première personne et à l'égard de laquelle une liste de brevets a été [...] In the result, I will deal with Apotex"s motion on the basis that it should be adjudicated on the exercise of my discretion, de novo . [...] The authority which he relied on, the decision of the Trial Division in Apotex Inc. v. Canada (Attorney General) (1996), 71 C.P.R. (3d) 166 did not, in our view, directly deal with the issue involved in the present case.
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6,152.
Fukushima v. The Queen - 1999-02-03
Tax Court of Canada JudgmentsHe further says that he was concerned enough to make reference to the file of a fairly large commercial client, B & J Equipment Rentals Limited, which had significant work in progress and concluded that its income was being properly recorded and picked up in the subsequent year. [...] In dealing with that submission, Strayer J.A. made the following comment: [...] More specifically, Strawson made reference to Interpretation Bulletin IT-457R which he says does not deal with the issue of adding back the prior years' work in progress and does not describe the methodology to be applied.
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6,153.
Tommy Hilfiger Licensing Inc. v. Produits de Qualité I.M.D. Inc. - 2005 FC 10 - 2005-01-07
Federal Court DecisionsIn order to determine if a trade-mark was registrable, we need to refer to sections 12 to 15 of the Act which deal with registrable trade-mark (see Annex I). [...] It is fairly obvious that the Tommy Hilfiger's trade-marks have not been abandoned since they are used to distinguish Tommy Hilfiger's product. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent;
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6,154.
Su v. Canada (Attorney General) - 2017 FC 645 - 2017-07-04
Federal Court DecisionsIssue 1: Was the Applicant denied procedural fairness? Applicant’s Position [...] Accordingly, the process leading to the Appeal Decision was fair. Analysis [...] If anything, based on the record before me, the RCMP went to considerable lengths, demonstrated great patience and was fair and reasonable in all of its dealings with the Applicant.
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6,155.
Spangler Candy inc. v. Karma Candy Inc. - 2013 FC 253 - 2013-03-08
Federal Court DecisionsWhat the Federal Court may not do is deal with the relief to which the defendants may be entitled in the event it is determined the licence is valid and subsisting. [...] Contractual issues will come into play – which is fairly typical – but this does not exclude the Court’s jurisdiction. [...] The Court held that both the Federal and Provincial Courts could determine the validity of the contract, but neither Court would deal with all remaining issues.
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6,156.
Shaw Cablesystems G.P. v. Society of Composers, Authors and Music Publishers of Canada - 2010 FCA 220 - 2010-09-02
Federal Court of Appeal Decisions[27] The Board is a specialist tribunal which deals extensively with copyright matters. [...] [29] The first observation concerns a small body of jurisprudence dealing with what is a performance in public. [...] Certain comments made in this jurisprudence recur in cases dealing with the nature of a communication to the public.
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6,157.
Gabor v. Canada (Citizenship and Immigration) - 2022 FC 150 - 2022-02-07
Federal Court DecisionsA. Did the RPD breach procedural fairness by failing to adjourn the hearing? [...] [17] Mr. Ayala Alvarez was entitled to a fair hearing before the Board. [...] [69] As the Applicant submits: “A trial judge who is dealing with an unrepresented litigant has the right and the obligation to ensure that the litigant understands the nature of the proceedings.
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6,158.
Charkaoui v. Canada (Minister of Citizenship and Immigration) - 2003 FCA 407 - 2003-10-31
Federal Court of Appeal Decisions(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu'ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d'autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l'affaire; [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;
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6,159.
Canada (Commissioner of Competition) v. Superior Propane Inc. - 2003 FCA 53 - 2003-01-31
Federal Court of Appeal DecisionsA special competition tribunal will be created to provide expediency and fairness together with expertise in decision-making. [...] I am saying this bill deals with competition and not with concentration. [...] What I am saying is that this bill deals with the competition aspect.
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6,160.
Baker v. The Queen - 2014 TCC 204 - 2014-06-24
Tax Court of Canada JudgmentsThe relevant thing from the provision is did you pay in excess of fair market value? [...] That’s the issue that’s on the table; is that fair? MR. GOTFRIED: That’s correct. [...] A. Yes that’s fair. Q. And are you suggesting that there was any tax benefit?
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6,161.
Canada (Citizenship and Immigration) v. Mahjoub - 2009 FC 248 - 2009-03-09
Federal Court Decisions[46] I propose to deal with the Ministers’ requests when I address those of Mr. Mahjoub. [...] However, in fairness to Mr. Mahjoub, CBSA has demonstrated a tendency to overreach on more than one occasion. [...] When dealing with ISSC monitoring this implies a negative impact on national security and/or officer and public safety.
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6,162.
Balongelwa v. Canada (Citizenship and Immigration) - 2023 FC 1716 - 2023-12-18
Federal Court DecisionsShe also alleges that the Decision was rendered in contravention of the rules of procedural fairness. [...] S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s’en procurer. [...] [49] This is sufficient to deal with this second argument by Ms. Balongelwa in relation to procedural fairness.
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6,163.
Nunavut Tunngavik Inc. v. Canada (Minister of Fisheries and Oceans) - 1999-09-30
Federal Court Decisions[49] On discussion about reciprocity as it relates to fairness, counsel for respondent submitted that the Agreement does not deal with reciprocity or with other areas than Zone 1 and that therefore reciprocity is not an issue to be addressed in this case. [...] - fair distribution between Nunavut residents and other residents of Canada. [...] However, I acknowledge that fairness has to be appreciated in the specific context surrounding the available Atlantic fishery resource.
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6,164.
Murphy v. Canadian Telecommunications Employees' Association - 2010 FCA 113 - 2010-04-26
Federal Court of Appeal DecisionsThe Board dismissed the applicant’s complaint that the respondent union breached the duty of fair representation under s. 37 of the Canada Labour Code, R.S., 1985, c. L-2, as amended (the Code). [...] Counsel for the respondent concedes that the Board did not explicitly deal with this aspect of the complaint but states that the Board implicitly dealt with it.
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6,165.
Youkhanna v. Canada (Citizenship and Immigration) - 2008 FC 187 - 2008-02-14
Federal Court DecisionsWhile this approach to dealing with the two applications may be legally permissible, it requires officials to compartmentalize their analysis in ways that beg for questioning. [...] [6] As to the breach of procedural fairness issue, it is based on the fact that the officer referred to a publication which described the conscription regime in Finland.
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6,166.
Yu v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1213 - 2005-09-07
Federal Court Decisions[5] The question is whether it was fair and in accordance with the principles of natural justice and the meaning of section 182 of the Regulations to issue the Exclusion Order based on a loss of status without deciding the application to restore the permit. [...] It cannot be said that a temporary resident who has applied for restoration of his permit in a timely manner, as he is entitled to do so under the Regulations, has failed to comply with or breached the IRPA. As well, paragraph 20(1)(a) deals with an application for permanent residence which was not at issue in this case.
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6,167.
Belmonté v. Longshoremen's Union - 2004 FCA 71 - 2004-02-18
Federal Court of Appeal Decisions[5] In the interests of dealing fairly with an important question, I am staying the examination of the respondent's motion for fifteen days, during which the applicants may, if they consider it appropriate, file a motion for an extension of time with proof and written submissions in support.
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6,168.
Huang v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 771 - 2001-07-06
Federal Court Decisions[9] For example, the immigration officer noted inconsistencies in their responses to questions dealing with their common residence, the number of bedrooms in their residence, the colour of their fitted sheet on their mattress, the wife's work schedule, the presence of the wife's parents at the wedding, the receipt of [...] Therefore, I am satisfied that there was no breach to the duty to act fairly.
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6,169.
Jackson v. Canada (Attorney General) - 2000-06-26
Federal Court of Appeal DecisionsAgainst this background, we shall deal with the substantive issues raised in the appellant's memorandum. [...] [4] The other issue raised on this appeal is whether there is an obligation on the Board to purchase pedigreed wheat seed at a purchase price which reflects its "fair value".
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6,170.
Tremblay-Côté v. Canada - 1999-04-21
Federal Court Decisions[4] I think it is fair to say that under the powers conferred upon it by the Income Tax Act, as it read at the relevant periods, this Court has no jurisdiction to rule on the plaintiff's action regarding her 1986 taxation year since the plaintiff is not disputing the 1986 assessment as such (the one dated June 19, 1987), [...] The fact that the notice of assessment of June 19, 1987 dealing with the 1986 taxation year " and received by the plaintiff " contains an accounting calculation to make an offset for the amount owed for 1985 will not suffice to establish that it constitutes a notice of assessment for 1985.
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6,171.
Wieckowski v. The Queen - 1998-10-28
Tax Court of Canada JudgmentsThe same can be said of subsection 161(2) dealing with interest on insufficient instalments and the limitation of subsection 161(4.01) stating that the taxpayer is liable for interest with respect to the lesser of the four amounts mentioned. [...] It would not serve any useful purpose to discuss the merit of the Appellant's suggestions for improving fairness of the system because, as it is readily apparent, the remedies he is seeking are not within the powers of Revenue Canada or this Court, but lie only with Parliament."
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6,172.
Trekka Canada Inc. (Trustee of) v. Guardian Insurance Ltd. - 1998-07-29
Federal Court Decisions... (b) le demandeur est une personne morale ou une association sans personnalité morale ou n'est demandeur que de nom et il y a lieu de croire qu'il ne détient pas au Canada des actifs suffisants pour payer les dépens advenant qu'il lui soit ordonné de le faire. [...] The defendants had raised a prima facie case for believing this, and the plaintiffs, which did not file any material dealing with their financial position, failed to meet the onus on them to rebut that case.
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6,173.
Reid v. Canada (Attorney General) - 1998-03-04
Federal Court Decisions[2] I agree that much of the adjudicator's decision deals with factual findings and evidence relating to both the amount of time and the circumstances under which the applicant was engaged in new product review. [...] I think this can fairly be characterized as the misapprehension of a material fact even though the "fact" relates to the prospective conduct of the parties rather than to the disputed facts before the adjudicator.
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6,174.
Ali v. Canada (Citizenship and Immigration) - 1997-04-28
Federal Court DecisionsThe Refugee Division found that the applicant's testimony dealing with central aspects of his claim was not credible, and that there was no credible or trustworthy evidence upon which to determine the applicant to be a Convention refugee. [...] This application cannot succeed, and the reason for this is fairly simple.
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6,175.
Raincoast Conservation Foundation v. Canada (Attorney General) - 2019 FCA 224 - 2019-09-04
Federal Court of Appeal DecisionsTaking no position on a motion is a common practice when dealing with procedural matters; it is not when issues of general importance are in play. [...] [15] The standard of a “fairly arguable case” described in Lukács is a good place to begin. [...] There is more scope for “fairly arguable” issues in the former sort of case than the latter.