11,315 result(s)
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7,176.
A & W Food Services of Canada Inc. v. McDonald's Restaurants of Canada Ltd. - 2005 FC 406 - 2005-03-23
Federal Court DecisionsIt seems clear that s. 19 of the Act deals only with identical marks. [...] [22] A & W concedes that there are no Canadian cases dealing with reverse confusion. [...] He believed that the phrase "Chicken Grill" follows a fairly standard pattern in the naming of food items.
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7,177.
Blueberry River Indian Band v. Canada (Indian Affairs and Northern Development) - 2001 FCA 67 - 2001-03-19
Federal Court of Appeal DecisionsThe other might be the doctrine of election with which I deal in the next portion of these reasons. [...] Instances are the right of a principal dealing with an agent for an undisclosed principal to choose the liability of the agent or the principal: the right of a landlord where forfeiture of a lease has been committed to exact the forfeiture or to treat the former tenant as still tenant and the like. [...] They were fully entitled to carry the litigation and settle the question of damages.[6] The duty to the represented plaintiffs is one of fair representation.[7] However, there is no suggestion by any of the present descendants that they were not fairly represented or that any issues relating to the settlement that may have
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7,178.
Northwest Hydraulic Consultants Ltd. v. The Queen - 1998-05-01
Tax Court of Canada JudgmentsAs such the legislation dealing with such incentives must be given "such fair, large and liberal construction and interpretation as best ensures the attainment of its objects" (Interpretation Act, section 12). [...] [31] I do not think this project meets the criteria of SRED. There was no doubt a measure of uncertainty as to the best method of dealing with the problem and there was also methodical experimentation. [...] Deposition in the basin was fairly well distributed among the basin segments.
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7,179.
Skibsted v. Canada (Environment and Climate Change) - 2021 FC 301 - 2021-04-07
Federal Court DecisionsNet where the Tribunal did not have any authority to deal with urgent situations, in this case the Minister has been granted powers to deal with emergencies under section 80 of SARA. The Respondents submit that this emergency power has been used in the past to deal with the very type of harm that the Applicants allege [...] In that case, the Supreme Court of Canada held that this Court has jurisdiction to deal with claims where there is: [...] However, the injunction application is not directed towards the Minister, and therefore this Court lacks jurisdiction to deal with it.
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7,180.
Burke v. The Queen - 2012 TCC 378 - 2012-10-24
Tax Court of Canada JudgmentsIt means that I can deal with 1998 on the substantive basis of whether child support payments should be included in Ms. Burke’s income. [...] [56] The Government, after considerable consultation and a task force dealing with the tax treatment of child support changed the law. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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7,181.
LBL Holdings Limited v. The Queen - 2018 TCC 63 - 2018-03-27
Tax Court of Canada Judgments[5] I will deal with each of those categories separately. Question relating to CRA Special Investigations [...] [18] To be clear, I am not saying that anytime an auditor has prior experience auditing a certain type of transaction or a certain industry all of his or her prior audits are fair game on discovery. [...] LBL stopped dealing with the MacNaughtons prior to the end of the reporting periods in question.
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7,182.
Robinson v. The Queen - 1998-05-26
Tax Court of Canada JudgmentsHe has worked in organizations devoted to dealing with troubled teenagers and, from 1986-1996, was a teacher at schools within the North Vancouver School District. [...] However, there was always a problem in terms of large class size which was not conducive to dealing with students having a learning disorder. [...] In his view, there are problems dealing with intellectually gifted students apart from any learning disabilities or emotional problems.
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7,183.
Golini v. The Queen - 2016 TCC 174 - 2016-07-19
Tax Court of Canada JudgmentsHe referred to the amount as the cash cost of the deal. [50] Although Stellar is investing the $6,000,000 in Trafalgar, Trafalgar is characterized as the “Lender”. [...] (B) there are no other differences between the terms and conditions of the classes of shares that could cause the fair market value of a share of the particular class to differ materially from the fair market value of a share of the other class, [...] The question of what is real or artificial when dealing with contracts is a question I would suggest of what is legal.
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7,184.
Read v. Canada (Attorney General) - 2006 FCA 283 - 2006-08-22
Federal Court of Appeal DecisionsHence, it was important for the public service to employ people who were knowledgeable, fair, honest and impartial. [...] The tradition emphasizes the characteristics of impartiality, neutrality, fairness and integrity. [...] The Application Judge did not deal with this issue, since he was of the view that by reason of his determination that the appellant had not adduced sufficient evidence in support of his allegations, there was no need for him to deal with it.
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7,185.
Joan Pearce O/A J.P. Class Promotions v. M.N.R. - 2002-10-21
Tax Court of Canada JudgmentsIt can be fairly said that all the Workers are in the same situation. [...] She felt she had a great deal of discretion in how she presented any particular product. [...] [84] Chance of Profit – Risk of Loss: I deal with these two factors under the same heading.
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7,186.
Visx Incorporated v. Nidek Co. - 1999-12-16
Federal Court Decisions[7] Both the Myopia and the Astigmatism Patents are closely related as both deal with a laser technique for reshaping the cornea. [...] Claim construction must be effected before dealing with the alleged infringement or the validity of the patent. [...] They deal with an apparatus, a machine, a combination of several components.
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7,187.
Manitoba'S Future Forest Alliance v. Canada (Minister of The Environment) - 1999-06-18
Federal Court Decisions[30] Sections 11 and 12 deal with the "responsible authority" referred to in section 5: [...] [40] Subsection 15(3) of the CEAA deals with the scope of the environmental assessment of the project. [...] Subsections 15(1) and (3) -- deal with the tasks of defining the project and project undertakings.
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7,188.
Hornepayne First Nation v. Medeiros - 2016 FC 1388 - 2016-12-16
Federal Court DecisionsAn Interim Order for injunction restraining and prohibiting the Past Leadership from communicating to all third party groups that the Hornepayne First Nation Band deals with relating to its daily operations until the conclusion of this proceedings. [...] Did Canada Post exceed its jurisdiction or breach its duty of procedural fairness? [...] [66] In my view, any duty of fairness owed in these circumstances was low and was clearly met.
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7,189.
Canada (Director of Military Prosecutions) v. Canada (Office of the Chief Military Judge) - 2020 FC 330 - 2020-03-03
Federal Court DecisionsHowever, this conclusion was not determinative, and there is no need here to deal with it any further. [...] They all deserve fair treatment and the same quality of justice to which anyone accused of an offence punishable by imprisonment aspires and is entitled. [...] There must exist a reasonable degree of probability that Colonel Dutil can benefit, in fact and in appearance, from a fair and equitable trial before the Court Martial.
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7,190.
Canadian Tire Corporation, Limited v. Koolatron Corporation - 2016 FCA 2 - 2016-01-08
Federal Court of Appeal Decisions• 3) Did the Tribunal err by breaching certain procedural fairness entitlements owed to the applicant? [...] [14] The applicant argues that the standard of review on the third issue is correctness, because it deals with procedural fairness issues. [...] (3) Did the Tribunal err by breaching certain procedural fairness entitlements owed to the applicant?
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7,191.
Mylan Pharmaceuticals ULC v. Pfizer Canada Inc. - 2012 FCA 103 - 2012-03-29
Federal Court of Appeal DecisionsProcedural fairness [24] Procedural fairness is a question of law reviewable on appeal on a standard of correctness: G.D. Searle & Co. v. Novopharm Limited, 2007 FCA 173, [2008] 1 F.C.R. 529, 58 C.P.R. (4th) 1 at para. 34; Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at paras. 8-9. [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness. [...] I do not think that a skilled person would fairly read this Patent in that way.
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7,192.
Anchor Pointe Energy Ltd v. The Queen - 2006 TCC 424 - 2006-07-21
Tax Court of Canada JudgmentsHowever, the CCRA permitted the CEE deductions, denying only the portion of the CEE deduction that related to the cost of the seismic data that was above fair market value. [...] Indeed the subject has occupied a great deal more time and attention than it probably deserves. [...] Where the assumptions arise in the course of confirming an original assessment or reassessment as part of the objection procedure, the fairness of the process is questionable at best.
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7,193.
Bill v. Pelican Lake Band - 2006 FC 679 - 2006-06-01
Federal Court Decisions2. Did the actions of the Appeal Board breach the principles of procedural fairness? [...] [51] Further, the Appeal Board conducted the appeal proceeding in a way that raises procedural fairness concerns. [...] [55] Given my disposition of this case, I will not deal with the applicants' affidavit concerning the criminal investigation by the R.C.M.P.
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7,194.
Passey v. Canada (Attorney General) - 2019 FC 1329 - 2019-10-25
Federal Court DecisionsAnd the expert provided the Appeal Panel with fair, objective, and non-partisan evidence supporting his diagnosis of MDD consequential to left knee osteoarthritis. [...] [56] I appreciate that members of the Appeal Panel, while not physicians let alone psychiatric experts, may consider and deal with medical issues. [...] However, at least in my respectful view, such additional issues must be fairly and reasonably grounded in the record before it, and not entirely or partly speculative.
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7,195.
Lohas Farm Inc. v. The Queen - 2019 TCC 197 - 2019-12-09
Tax Court of Canada JudgmentsThe modifications deal only with the names of counsel for the appellant and the law firm. [...] [73] Mr. Liu explained that once a buyer purchased the iPhones, and he or she had a fair number of iPhones, the buyer would call Mr. Liu to let him know. [...] [131] Mr. Liu stated that once he had exported iPhones, he gave the client in Hong Kong time to deal with the shipment.
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7,196.
The Canadian Medical Protective Association v. The Queen - 2008 TCC 33 - 2008-04-10
Tax Court of Canada JudgmentsFrom Mr. Campbell’s evidence it cannot fairly be concluded that CMPA was obtaining or paying for advice. [...] [32] PH&N is registered as an investment advisor in Ontario as an investment counsellor, which deals with non-discretionary clients and portfolio managers which deals with high net worth discretionary clients and institutional clients. [...] c) how the adviser deals with compliance issues; d) the turn-over of the advisers’ staff.
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7,197.
Landry v. Savard - 2011 FC 720 - 2011-06-17
Federal Court DecisionsI therefore had to deal with that state of affairs at very short notice. [...] The Regulations not only set out the method by which to run the election, but set out a mechanism for dealing with breaches thereof. [...] [84] I agree that the appeal board and each of its members had a duty of fairness.
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7,198.
Mohammed v. Canada (Citizenship and Immigration) - 2022 FC 980 - 2022-06-30
Federal Court DecisionsDid the Second Officer breach the PA’s rights to procedural fairness? [...] A. Did the Second Officer breach the PA’s rights to procedural fairness? [...] [80] An “unrestricted and broad” definition of “membership” does not mean anyone who has dealings with terrorist organizations are members (Toronto Coalition to Stop the War v Canada (Public Safety and Emergency Preparedness), 2010 FC 957 at para 118 [Coalition to Stop the War]).
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7,199.
Goodrich Transport Ltd. v. Vancouver Fraser Port Authority - 2015 FC 520 - 2015-04-22
Federal Court Decisions[32] I need not deal at length with the fettering issue because I have concluded that PMV’s evaluation model was procedurally deficient and profoundly unfair. [...] I do not believe that any fair-minded person examining the history of what took place behind PMV’s closed doors would find this practice to be fair or acceptable. [...] A. Was the Process Adopted by PMV Procedurally Fair? [34] There is no doubt a duty of fairness applies to the evaluation process undertaken by PMV and PMV does not contend otherwise.
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7,200.
Lal v. Canada (Citizenship and Immigration) - 2024 FC 1109 - 2024-07-16
Federal Court Decisions[15] As there is no breach to the procedural fairness duty at issue, the Court applying the reasonableness standard does not ask what decision it would have made in place of the administrative decision maker. [...] It is “an approach meant to ensure that courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process. [...] I will deal with these in two groups: the CCTNS, tenant verification system, and border alert mechanism together, followed by the Aadhaar system.