11,312 result(s)
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9,026.
Pinto v. Bronfman Jewish Education Centre - 2013 FC 945 - 2013-09-11
Federal Court DecisionsFairness demands such, and for this reason, the findings of the Québec Superior Court have not been considered. [...] [128] The defendants assert that the registration is invalid because paragraph 5(1)(a) of the Copyright Regulations, SOR/97-457, provides that a registration may deal with one work only. [...] [197] Bad faith refers to “conduct that is contrary to community standards of honesty, reasonableness or fairness.
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9,027.
Canada (Board of Internal Economy) v. Boulerice - 2019 FCA 33 - 2019-02-20
Federal Court of Appeal Decisions- The decision[s] [are] contrary to the principles of natural justice and of fairness; [...] [67] Vaid deals with a legislated privilege which was said to come within the category relating to “internal affairs”. [...] [90] Filion 2016 deals with a proceeding brought by a former Member of the Québec National Assembly.
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9,028.
Arctic Cat Inc. v. Bombardier Recreational Products Inc. - 2016 FC 1047 - 2016-09-16
Federal Court DecisionsThree of the five asserted claims are dealing with the selection of ignition patterns based on the exhaust gas temperature. [...] Accordingly, a court seeks to order payment of damages that will be considered fair given the circumstances of a particular case. [...] [470] In essence, both parties suggested deletions in Part XIV which deals with damages.
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9,029.
MacAdam v. Canada (Attorney General) - 2014 FC 443 - 2014-05-12
Federal Court Decisionsa) révoquer la nomination ou ne pas faire la nomination, selon le cas; [...] a) révoquer la nomination ou ne pas faire la nomination, selon le cas; [...] This distinction is important, both for the purpose of delimiting the action that the Commission may take under the section in issue and for the purpose of defining the Commission's duty to deal fairly with the people it investigates.
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9,030.
Canadian Security Intelligence Services Act (CA) (Re) - 2020 FC 697 - 2020-06-16
Federal Court Decisions[94] In this section, I will deal only with proposed changes that do not amount to any significant expansion of the powers exercised under s 16 warrants. [...] I will deal elsewhere with the comparatively substantial changes the Service seeks, such as those relating to the use of CSS and |||||||||| surveys. [...] a) de soixante jours, lorsque le mandat est décerné pour permettre au Service de faire enquête sur des menaces envers la sécurité du Canada au sens de l’alinéa d) de la définition de telles menaces contenue à l’article 2;
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9,031.
Eli Lilly Canada Inc. v. Teva Canada Limited - 2018 FCA 53 - 2018-03-20
Federal Court of Appeal DecisionsIt submits that in any event, issue estoppel is an equitable doctrine that is to be flexibly applied, to achieve fairness according to the circumstances of each case. [...] I will now deal with each of these issues in turn, and explain the basis for my conclusion. [...] On a fair reading of his reasons, I see the trial judge’s statement that he was not persuaded by Lilly’s alternative start date arguments as encompassing this argument.
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9,032.
Unilin Beheer B.V. v. Triforest Inc. - 2017 FC 76 - 2017-01-20
Federal Court Decisionsii. give particulars of its claim against the defendant, stating the ground of its claim and the amount thereof, and fairly stating the points made against it by the defendant; [...] [175] Costs are awarded to the Plaintiffs on their motion for the ex parte Mareva Injunction Order and on the first dimension of their Review Motion dealing with the review of the execution of the Order. [...] 7. Costs are awarded to the Plaintiffs on their ex parte motion for a Mareva injunction and on their review motion dealing with the review of the execution of the Order.
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9,033.
Zero Spill Systems (Int’l) Inc. v. 614248 Alberta Ltd. (Lea-Der Coatings) - 2013 FC 616 - 2013-07-18
Federal Court DecisionsWhen asked if the reference to an annular seal in the 375 Patent required perfection, he responded by saying that it implied “a fairly high level liquid tightness” (p 1356). [...] The problem is particularly present with oil and gas wells and other wells dealing with harmful and hazardous materials. [...] The public is [page1054] entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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9,034.
Pfizer Canada Inc. v. Apotex Inc. - 2005 FC 1421 - 2005-10-17
Federal Court DecisionsHe concludes that the ‘071 patent is anticipated, so does not deal with any of the other allegations. [...] [33] The object of claim construction is to fairly and reasonably define the purpose of the invention. [...] As I have construed the patent, the purpose was to deal with the problem caused by capsules.
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9,035.
Western Oilfield Equipment Rentals Ltd. v. M-I LLC - 2021 FCA 24 - 2021-02-09
Federal Court of Appeal DecisionsProcedural fairness, and v. Remedies. a) “First screen”, b) “Controlling air flow”, [...] They argue that this Court may consider section 53.1 of the Patent Act, R.S.C. 1985, c. P-4, in dealing with construction of the claims. [...] VII. Procedural Fairness [148] Patent trials typically involve the testimony of experts.
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9,036.
Canada (Commissioner of Official Languages) v. CBC - 2014 FC 849 - 2014-09-08
Federal Court DecisionsSubject only to rights of review or appeal, they expect, in the interests of fairness, to be able to rely on the outcome as final and binding. [...] A fair distance seems appropriate here for the following reasons. Application of the doctrine of forum conveniens and stay of proceedings [...] In fact, the hearing before the CRTC was fair, the parties had a reasonable opportunity to state their position and the issues were decided.
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9,037.
Toronto Coalition to Stop the War v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 957 - 2010-09-27
Federal Court DecisionsThey say there is no evidence of bad faith, bias or a breach of fairness in the performance of their public duties. [...] [8] The record contains statements which counsel for the respondents fairly characterized in argument as “unwise”. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure
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9,038.
Calogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd. - 2010 FC 1318 - 2010-12-22
Federal Court DecisionsThus, one would normally think that this case would be easy to deal with. [...] [43] I must first deal with some of the documents that are the subject of Calogeras’ motion referred to above. [...] b) In the event that performance is prevented, made substantially more expensive or delayed by such a contingency, the Seller may cancel a particular delivery or increase prices in fair proportion of the increased costs of operation under such a contingency.
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9,039.
Discua v. Canada (Citizenship and Immigration) - 2023 FC 137 - 2023-01-30
Federal Court DecisionsIt also provides procedural fairness to former counsel, whose competence is being called into question and whose professional reputation is therefore at stake. [...] • He did not have a specific discussion with Ms. Lazo Discua about a primary identity document such as a passport or national identity document.When he started dealing with her, he “somehow assumed that her primary identity document was before the Board.” [...] S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour se procurer de tels documents.
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9,040.
S&P Global Inc. v. S&P Data Corp. - 2021 FC 1304 - 2021-11-25
Federal Court DecisionsAs Henry J. stated in Tsiopoulous v. Commercial Union Assurance Co. when dealing with a counterclaim for damages for abuse of process: [...] Abuse of process has also been invoked as a procedural defence, especially in criminal law when the proceedings were oppressive or vexatious or offensive to the principles of fundamental justice and fair play. [...] Considering the state of the law on abuse of process in the Federal Courts, the defendant’s pleading is sufficient to establish a fair and manageable discovery and litigation process.
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9,041.
Zhu v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 626 - 2017-07-04
Federal Court DecisionsShould the decision of the IAD be set aside on the grounds of procedural fairness due to incompetence of counsel? [...] [84] It is generally recognized that if an applicant wishes to establish a breach of fairness on this ground, he or she must: [...] I would, however, say that Former’s Counsel’s conduct was not, by any measure, exemplary either in Former Counsel’s dealings with the Applicant or in Former Counsel’s submissions in response to his assertion of professional negligence.
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9,042.
Netten v. M.N.R. - 2017 TCC 8 - 2017-02-03
Tax Court of Canada Judgments[29] The Appellant also stated that her decision to work full-time was made in the context of the WSIAT encouraging its "‘part-time’ vice-chairs" to work full-time in order to deal with the exponential growth of active caseloads (Exhibit A‑1, “Tribunal Report, Caseload Processing”).[8] [...] 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. [...] It is not open to the Court to make exceptions to statutory provisions on the grounds of fairness or equity.
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9,043.
Spasoja v. Canada (Citizenship and Immigration) - 2014 FC 913 - 2014-09-23
Federal Court DecisionsRather, we are dealing with a scheme where if there is, for example, an error of fact, the matter must be referred back to the RPD if a reassessment of the evidence before the RPD is required for a determination. [...] Fairly often, however, the jurisdiction of the administrative tribunal will be structured or interpreted in a manner that departs from that reference model. [...] Voilà pourquoi j’affirme que cette façon de faire est supérieure. Mon collègue voudra peut-être ajouter quelque chose.
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9,044.
Zolotova v. Canada (Citizenship and Immigration) - 2011 FC 193 - 2011-02-18
Federal Court DecisionsI also explained that Boris had a great deal of influence as the Chief dispatcher for all of Kazakhstan. [...] e. Denial of Fair Public Trial The law does not provide adequately for an independent judiciary. [...] In fairness the claim could not be assessed without reference to the Guidelines.
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9,045.
Canadian National Railway Co. v. Patterson Grain - 2010 FCA 225 - 2010-09-09
Federal Court of Appeal Decisions(i) à faire circuler et à exploiter ses trains sur toute partie de l’embranchement, [...] Thus, it is clear that Parliament intended that the Agency deal with complaints as quickly as possible so as to remedy, if necessary, the situation where a railway company is not fulfilling its service obligations. [...] However, in fairness to the respondents, they adopted in their complaints and incorporated by reference the evidence that they had adduced by way of their interventions in support of GNG’s level of service complaint against the appellant.
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9,046.
Jaballah (Re) - 2010 FC 80 - 2010-01-22
Federal Court Decisions[15] On February 23, 2007, in Charkaoui v. Canada (Citizenship and Immigration), [2007] 1 S.C.R. 350 (Charkaoui I) the Supreme Court of Canada found the then existing provisions of the Act dealing with security certificates to be of no force or effect. [...] Second, as a matter of fairness and justice, "persons should not be twice vexed by the same cause." [...] The Court, in my respectful view, dealt with them very thoroughly and very fairly in its 2003 judgment, and we will be guided by the Court’s own approach to what has been determined to be new of partially new.
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9,047.
Oceans Limited v. Canada-Newfoundland and Labrador Offshore Petroleum Board - 2009 FC 974 - 2009-09-28
Federal Court Decisions[43] Moreover, the Applicant contends that it was entitled to a fresh, untainted, independent review of the documents in questions, and that Mr. Ruelokke’s participation in the process denied the Applicant its right to procedural fairness. [...] As such, the Applicant submits that the duty of procedural fairness has been breached. [...] The Applicant has already disclosed in the Telegram article a great deal about the Chevron bid and its use of “another company” for the weather observation services.
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9,048.
Beatty v. Canada (Attorney General) - 2004 FC 920 - 2004-06-25
Federal Court Decisionswhich he is required to deal, and no other, and shall make an exact record thereof, and attest the same under oath, and shall see that such attested record is duly delivered to the census commissioner under whose superintendence he is placed. [...] 36. Le recenseur est tenu de faire toutes les entrées dans les tableaux avec une encre de bonne qualité, et chaque nom, mot, chiffre ou marque devra être clair et lisible. [...] e) faire connaître les archives, notamment par des publications, des expositions et des prêts;
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9,049.
Gauthier v. Fortier - 2000-09-06
Federal Court DecisionsHis immense capacity for work and his search for perfection must, in all fairness, be emphasized. [...] (3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority. [...] If the adjudicator had answered these questions in the affirmative, he should then have considered whether the procedure leading to dismissal of the employee was fair.
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9,050.
Deegan v. Canada (Attorney General) - 2019 FC 960 - 2019-07-22
Federal Court DecisionsProper Reply is limited to issues that a party had no opportunity to deal with, or which could not reasonably have been anticipated. [...] [230] The Supreme Court held in ITO that this Court has jurisdiction to deal with claims where there is: [...] [325] That said, it is doubtful that Canada could have negotiated a better deal with the United States.