11,315 result(s)
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6,801.
Tearlab Corporation v. I-MED Pharma Inc. - 2019 FCA 179 - 2019-06-13
Federal Court of Appeal DecisionsThese patents, he wrote, deal with hematocrit, and not osmolarity, and would thus not have led a POSITA “directly and without difficulty” to the claimed invention (at para. 178). [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] [71] On a fair reading of paragraph 178 of the decision, it is clear that the judge was talking about anticipation, not obviousness.
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6,802.
Alderville v. Canada - 2015 FC 920 - 2015-07-28
Federal Court Decisionsc) Dr. Manitowabi should not be permitted to testify after Ontario's experts as this would allow the Plaintiffs to split their case and would be contrary to fair hearing rights; [...] It is necessary in that it deals with grounded theory methodology and analysis outside of the ordinary experience of the Court. [...] Oral accounts of the past included good deal of subjective experience.
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6,803.
Delle Donne v. The Queen - 2015 TCC 150 - 2015-06-16
Tax Court of Canada Judgments[37] Mr. Yee Loong testified that initially he was not quite sure how to deal with the Interest and that he did some research on the point. [...] Counsel observes that the tests in these two provisions are fairly simple and straightforward. [...] Many such claims could be considered fairly without a complete audit.
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6,804.
Molson Canada 2005 v. Anheuser-Busch, Incorporated - 2010 FC 283 - 2010-03-12
Federal Court Decisions[49] The Registrar’s reasons were divided, the first dealing with the ‘807 application as it applied to beer and the second as it applied to the non-beer wares. [...] [66] During the hearing, the Respondent made several references to the fact that the Registrar’s decision was, in essence, fair. [...] 17 [...] We are indeed dealing here with a statue and, therefore, the only recourses available are those prescribed by the Act [...]
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6,805.
Wage v. Canada (Citizenship and Immigration) - 2009 FC 1109 - 2009-10-29
Federal Court DecisionsAs such, the Applicant says that the duty of procedural fairness was breached because a finding of credibility requires a hearing. [...] Accordingly, the Applicant was owed a hearing as a matter of procedural fairness. [...] [95] In the present case, the Officer was dealing with probative value and not credibility.
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6,806.
Péninsule acadienne (forum des maires) v. Canada (Food Inspection Agency) - 2003 FC 1048 - 2003-09-08
Federal Court Decisions2. What is the fair and appropriate remedy having regard to the circumstances? [...] 2. What is the fair and appropriate remedy having regard to the circumstances? [...] [57] I adjourned the hearing to allow the parties to discuss some fair and equitable measures to be taken.
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6,807.
Gibralt Capital Corporation v. The Queen - 2002-04-17
Tax Court of Canada Judgmentsc) Provincial acquired the Westward Inn from Shoctor for a total purchase price of $3,918,000, being the fair market value of the Westward Inn as of that date. [...] 34. The Option was exercised and the Three Companies each acquired a 1/3 beneficial interest in the Westward Inn on or around July 31, 1981 for a total purchase price of $18,000,000 being the fair market value of the Westward Inn as of that date. [...] [14] The Respondent having been successful for reasons given later herein, there was no need to deal with this submission.
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6,808.
Pictou v. The Queen - 2000-05-29
Tax Court of Canada JudgmentsAs with the other opinion witnesses, much of it is devoted to a fairly detailed account of historical facts which are not in dispute. [...] For their part, the Mi'kmaq were intent upon forging a trading relationship in which they would receive a fair price for their furs. [...] It is equally clear that they do not deal in the product of the traditional Mi'kmaq way of life.
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6,809.
Haas Estate v. The Queen - 1999-10-14
Tax Court of Canada JudgmentsIn any event, the document [the Technical Explanation] should not be interpreted as if it were a treaty or statute dealing in detail with every possible application to particular facts. [...] The term "held" would be literally accurate in general, but is not qualified to deal with the particular situation of property held in Canada by a U.S. resident prior to 1992 [sic, 1972]. [...] [1] The agreed fair market value was $17,500,000. Statement of Agreed Facts, paragraph 10.
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6,810.
Louis Vuitton Malletier S.A. v. Tobey - 2019 FC 1056 - 2019-08-08
Federal Court Decisions[7] As noted, these reasons deal collectively with four separate motions for summary judgment in four separate actions. [...] Having done so, the onus was on the defendant to inform herself as to the status of all four matters and to deal with them diligently. [...] The Supreme Court of Canada explained in Hryniak v Mauldin, 2014 SCC 7 [Hryniak], that there will be no genuine issue requiring a trial “when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.
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6,811.
Von Realty Limited v. The Queen - 2011 TCC 345 - 2011-07-08
Tax Court of Canada JudgmentsMr.Harrison had no dealings with the City, nor even at this point had met Mr. Brocklebank, the 50% owner. [...] If the same sort of property has been sold in succession over a period of years or there are several sales at about the same date, a presumption arises that there has been dealing in respect of the property. [...] The only logical reason a person would agree to pay $295,500 for an additional 26.68% of the Joint Venture interest, which is only a 5% discount based on a fair value of $1,200,000 for the whole, is that the Appellant expected the Joint Venture would make a profit and it did; a significant one on final sale of the property.
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6,812.
Dwyer v. Canada - 2003 FCA 322 - 2003-08-26
Federal Court of Appeal Decisionsa) le saisir et en faire un paquet qu'il doit convenablement sceller et identifier; [...] b) faire signifier une copie de l'ordonnance à toute personne qui pourrait faire une demande et au gardien dans les six jours de la date où elle est rendue; [...] I will deal first with Mr. Finkle's conduct. Mr. Dwyer submits that Mr. Finkle attempted to extort money from him.
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6,813.
X (Re) - 2017 FC 136 - 2017-01-01
Federal Court DecisionsThis is the only legal issue I will be dealing with. In regard to the question of whether or not the Opposing Counsel have a right to view the redacted information, the submissions presented are so limited that I must leave this issue to be resolved in another proceeding. [...] It is therefore essential that claims of privilege be resolved accurately and fairly, bearing in mind that ex parte proceedings raise serious procedural fairness concerns of particular significance in the conduct of criminal prosecutions, where the liberty of the accused is at stake. [...] Yet, although exceptional, the option to provide such remedy allowed fairness and the proper administration of justice to prevail.
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6,814.
Dugré v. Canada (Attorney General) - 2022 FC 1506 - 2022-11-04
Federal Court DecisionsHe criticizes the inquiry process, which he states was marked by breaches of procedural fairness: this requires immediate intervention. [...] [22] This is section 99 of the Constitution Act, 1867, 30 & 31 Victoria, c 3 (UK) (as am. by Canada Act, 1982, c 11 (UK), Schedule to the Constitution Act, 1982, Item 1, RSC, 1985, Appendix II, No 5, which deals with the possibility of removing a superior court judge. [...] From this, a fairly clear inference can be drawn. Only the CJC may make a recommendation to the Minister of Justice of Canada.
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6,815.
Kamel v. Canada (Attorney General) - 2013 FCA 103 - 2013-04-16
Federal Court of Appeal Decisionsb. the procedural fairness of the Passport Canada investigation; c. the appellant’s constitutional rights under sections 6, 7 and 8 of the Charter; [...] [25] I now turn to the part of the judgment under appeal that deals with section 6 of the Charter. [...] The investigative process has been specifically designed to ensure procedural fairness and compliance with the rules of natural justice.
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6,816.
Ouellette v. Canada (Attorney General) - 2012 FC 801 - 2012-06-21
Federal Court Decisions[2] For the reasons that follow, the Court finds that the third level grievance decision of the CSC is reasonable and that there was no breach of procedural fairness. [...] He stated that there was a breach of procedural fairness and criticizes the CSC for having violated numerous directives, rules, regulations and laws of the correctional system. [...] [26] The respondent submitted that procedural fairness was respected and that the CSC decision is reasonable.
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6,817.
Nicholls v. Canada (Revenue Agency) - 2010 FC 1235 - 2010-12-07
Federal Court DecisionsBias deals with the appearance of bias: “Justice must be seen to be done.” [...] It is well established that procedural fairness is reviewable on a correctness standard. [...] The decision is illegal, irrational and lacks procedural fairness; xxvi.
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6,818.
Yousef v. Canada (Minister of Citizenship and Immigration) - 2006 FC 864 - 2006-07-12
Federal Court DecisionsSuch fairness questions are resolved on the sole basis of whether a breach of the duty of fairness has occurred: see Ha v. Canada(Minister of Citizenship and Immigration), [2004] 3 F.C.R. 195, [2004] F.C.J. No. 174, 2004 FCA 49 (F.C.A.). [...] There is nothing in the report from Reverend El Shafie which could be characterized fairly as new evidence. [...] Duty of Fairness [31] The Applicant's second argument concerns the duty of fairness and seeks to impose an obligation upon the PRRA officer to "clarify issues that were unclear prior to rendering her decision".
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6,819.
Maloney v. Shubenacadie First Nation - 2014 FC 129 - 2014-02-05
Federal Court DecisionsWas Ms. Maloney denied procedural fairness? [43] I turn next to consideration of Ms. Maloney’s procedural fairness claim. [...] [51] Weighing all the factors together, I am of the view that this case falls towards the lower end of the procedural fairness spectrum but that the Band owed her more than minimum procedural fairness. [...] [57] In the circumstances, I decline to deal with Ms. Maloney’s claim that the Band’s decision was unreasonable as the decision will be re-made.
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6,820.
Bronskill v. Canada (Canadian Heritage) - 2011 FC 983 - 2011-08-11
Federal Court Decisions(2) Le paragraphe (1) n’oblige pas le responsable de l’institution fédérale à faire état de l’existence du document demandé. [...] b) de faire connaître ce patrimoine aux Canadiens et à quiconque s'intéresse au Canada, et de le rendre accessible; [...] The Court has to be fair and signal that not all the documentation was improperly withheld.
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6,821.
Dupperon v. Canada (Attorney General) - 2015 FC 806 - 2015-06-29
Federal Court Decisions2. Does the decision breach procedural fairness? V. Relevant statutory provisions [...] The AGC also argued that there was no breach of the rules of procedural fairness. [...] I recall that section 90 of the Regulations dealing with the PFV refers to the possibility for inmates to “meet with a visitor without a physical barrier to personal contact”.
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6,822.
GLP NT Corporation (Formerly Varitech Investors Corporation) v. The Queen - 2004 TCC 738 - 2004-12-13
Tax Court of Canada JudgmentsThe specified test that must be met is that the fair market value of the issued common shares of the Corporation must not exceed five per cent of the fair market value of the Corporation's total share capital. [...] 11. Veritech says that if the Crown admits that a valuation is required of the private company shares, and if the Crown admits that Demarco's valuation at cost was not in fact their fair market value, then the Crown must say what the actual fair market value was. [...] (The Reply then outlines the fair market value of Common Shares as a percentage of total fair market value of all Shares at particular dates when dividends were paid.)
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6,823.
Roseau River Anishinabe First Nation v. Atkinson - 2003 FCT 168 - 2003-02-14
Federal Court Decisions• • Section 19 is the only section in the Election Act that deals with amendments: [...] (a) Did the Custom Council owe a duty of fairness to the applicants? [...] (b) Did the Custom Council breach the duty of fairness it owed to the applicants?
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6,824.
Peter G. White Management Ltd. v. Canada - 1997-05-28
Federal Court DecisionsAfter a great deal of discussion and negotiation, we realized that we had to make some concessions in our overall operations if we were to be able to convince Parks Canada of our need to expand the winter ski operations. [...] It is a part of the rules of procedural fairness which can govern administrative bodies. [...] F. Did the Superintendent discharge the duty of fairness owed to Banff Mount Norquay?
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6,825.
Smart v. Canada (Attorney General) - 2008 FC 936 - 2008-08-11
Federal Court DecisionsIn the vast majority of cases, the concern will be about the fairness of the trial. [...] [91] Constable Smart argues that a stay of proceedings was not sought in this case to stop a hearing whose fairness has been compromised. [...] In the event that the members of the adjudication board originally constituted to deal with this matter are no longer available, then a new adjudication board may be empanelled to hear the case.