11,312 result(s)
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9,051.
Doman Forest Products Ltd. v. Arctic Hooper (Ship) - 2003 FCT 712 - 2003-06-13
Federal Court DecisionsIt was a fairly simple matter to weld more pad-eyes, made of steel, to the tops of the sidewalls. [...] [55] The voyage from Tahsis to the mouth of Nootka Sound, along the south coast of Vancouver Island, was in fairly sheltered waters. [...] [148] The obligation of seaworthiness has been discussed from the earliest cases dealing with contractual relations in maritime matters.
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9,052.
Canpotex Shipping Services Limited v. Marine Petrobulk Ltd. - 2018 FC 957 - 2018-09-28
Federal Court Decisions45. Before the OW bankruptcy, MP and Canpotex had no direct dealings or communications with respect to the bunker purchases for the Vessels. [...] It did not even deal with MP. Only the parties to a contract can sue or be sued under it. [...] In addition, Canpotex says the fact that OW UK, Canpotex and MP had conducted a significant chain of previous dealings on these terms (49 contracts) also makes it clear that MP insisted in dealing on its terms, and that both OW UK and Canpotex agreed they were bound by them.
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9,053.
Yeager v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 330 - 2017-03-30
Federal Court DecisionsYeager also seeks an interpretation of section 8 of the ATIA, which deals with transferring a request from one government institution to another. [...] All are found in the part of the ATIA dealing with “Access to Government Records”. [...] 4 (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande :
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9,054.
Oleynik v. Canada (Privacy Commissioner) - 2016 FC 1167 - 2016-10-19
Federal Court DecisionsThe Applicant proposes various solutions to deal with the cost of such retrieval and points to decisions by provincial privacy commissioners which show that back-up records should and can be searched. [...] 12 (1) Sous réserve des autres dispositions de la présente loi, tout citoyen canadien et tout résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés ont le droit de se faire communiquer sur demande : [...] [60] Moreover, it warrants note that information can be privileged even if the communications are made to employees of a lawyer and even if they deal with matters of an administrative nature related to the privileged communications.
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9,055.
Louis Vuitton Malletier S.A. v. Wang - 2019 FC 1389 - 2019-11-15
Federal Court DecisionsThis does not affect the ability to achieve a fair and just adjudication. [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés; [...] [48] In these cases, the Court is dealing with pecuniary as opposed to non-pecuniary damages.
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9,056.
Energizer Brands, LLC v. Gillette Company - 2023 FC 804 - 2023-07-06
Federal Court DecisionsI deal with these objections as a preliminary issue in this Analysis. [...] 7. Even advertisements which “push the bounds of what is fair” are not misleading in a material way. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent;
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9,057.
Eurocopter v. Bell Helicopter Textron Canada Limitée - 2012 FC 113 - 2012-01-30
Federal Court Decisions[41] Adherence to the language of the claims in turn promotes both fairness and predictability. [...] [214] The specification mentions a number of advantages which will be more thoroughly considered by the Court in analysis dealing with the demonstrated utility of the ‘787 Patent. [...] Mr. Toner considers that for the landing gear to accomplish its touted benefits of wire strike avoidance and preventing auguring, C1 must be fairly large.
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9,058.
Canada (Attorney General) v. Sandoz Canada Inc. - 2015 FCA 249 - 2015-11-06
Federal Court of Appeal Decisions[50] Finally, the respondents argue that the Board did not fairly consider their challenges to the constitutional validity of an interpretation of subsection 79(1) that would extend the Board’s jurisdiction to generic drugs. [...] However, because the outcome of these appeals turns on the construction of this provision, it is preferable to deal with this question now, together with the other main reasons advanced by the Federal Court judge in support of his intervention. [...] They argue that the Board did not consider their arguments or dispose of them fairly.
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9,059.
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC - 2015 FC 17 - 2015-01-07
Federal Court DecisionsThis Court is not bound by the decisions of foreign courts dealing with corresponding patents. [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness. [...] To be fair, both sides have at times confused the issue, and all four experts were instructed to consider the issue of double patenting as of July 14, 1995.
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9,060.
Harkat v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1740 - 2005-12-30
Federal Court Decisions[68] If Mr. Harkat did not cooperate in the process, she testified it would take longer but fairly quickly particularly if the uncooperative client had an expired passport. [...] That issue was fully argued before me and I propose to deal with it next so that all of the issues here raised are determined in the event this matter is subject to appeal. [...] According to her, "it was not a done deal" and that it will not occur within a reasonable time.
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9,061.
Snake v. The Queen - 2001 FCT 858 - 2001-08-08
Federal Court Decisions[8] During the early years after the signing of Treaty No. 6, there was a great deal of movement of families between bands. [...] Rather, they are animated by broad, flexible principles, applied purposively to promote truth-finding and fairness. [...] [101] As these issue questions are interrelated, I will deal with them together, and that very briefly.
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9,062.
Univar Canada Ltd. v. The Queen - 2005 TCC 723 - 2005-11-03
Tax Court of Canada Judgments...as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length. [...] I deal with a lot of fairly complex tax issues. I write notes to myself or detailed memoranda so that I can document what the issues are, what concerns if any I may have, to leave a trail for myself, and where appropriate to advise the people who were also participating in this plan as to what certain circumstances or [...] [114] Appellant’s counsel referred Tole to a document faxed from Pricewaterhouse Coopers dealing with the windup of Barbadosco.
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9,063.
Canada (Minister of Citizenship and Immigration) v. Oberlander - 2000-02-28
Federal Court DecisionsHe dealt with auxiliary drivers with the unit's motor pool, dealing with supplies, spare parts and gasoline. [...] An R.C.M.P. mission was established in London to deal with security screening of many seeking to come to Canada from Europe. [...] La communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé.
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9,064.
Canada (Citizenship and Immigration) v. Huntley - 2010 FC 1175 - 2010-11-24
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] They do not think affirmative action is fair to white people. The Respondent came to Canada to work and find a better life. [...] However, there is no evidence whatsoever before me to suggest that the RPD cannot fairly and impartially consider the claim in accordance with my reasons.
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9,065.
Smith v. Canada (Citizenship and Immigration) - 2009 FC 1194 - 2009-11-20
Federal Court Decisionsa) faire des observations sur la fiabilité et l’utilisation du renseignement ou de l’opinion; [...] This is a fair comment, although he offered only one single example of such an assumption. [...] It may well be, for example, that he never had to deal personally with prosecutions of deserters involving issues of homosexuality, contrary to the groundless assumption made by the Board Member.
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9,066.
Basil v. Moses - 2009 FC 741 - 2009-07-22
Federal Court Decisions2. Were the Applicants afforded natural justice and procedural fairness in the EIC process? [...] 2. Were the Applicants afforded natural justice and procedural fairness in the EIC process? [...] There is no doubt that in the present case the seriousness of the implications of an adverse finding by the EIC required that the individuals affected be given the opportunity to present their case fully and fairly in an impartial, fair, and open process.
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9,067.
Heron v. Salt River First Nation No. 195 - 2024 FC 597 - 2024-04-18
Federal Court DecisionsJustice Favel issued a long, detailed decision dated March 12, 2024 (2024 FC 413) dealing with a consolidation of judicial reviews, in which the Applicant was successful. [...] The serious issue that the Applicant was not given notice of the suspension after the decision of Justice Favel was clear that meetings to suspend her demanded a high degree of procedural fairness.
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9,068.
Kaur v. Canada (Citizenship and Immigration) - 2024 FC 416 - 2024-03-12
Federal Court DecisionsWhile the Applicant raised bias and procedural fairness issues in her written submissions, the Applicant’s counsel withdrew those arguments at the hearing of the judicial review application and confirmed that she was only challenging the reasonableness of the ID Member’s application of the innocent mistake exception. [...] I am dealing with evidence. Do you have evidence of that because Counsel's role is not to give evidence.
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9,069.
Orakposim v. Canada (Citizenship and Immigration) - 2023 FC 1472 - 2023-11-06
Federal Court DecisionsDid the Officer deny the Applicants procedural fairness by failing to provide them with a hearing? [...] of the High Commissioner for Human Rights” to adopt “a plan of action” to implement recommendations from the UN. The Officer further noted amendments to the Labour Code in 2020 as indication of state protection even though the amendments deal primarily with the employment rights of workers and not with the issue of racism.
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9,070.
Sorribes v. Canadian Broadcasting Corporation - 2023 FC 978 - 2023-07-18
Federal Court DecisionsAs for Charkaoui, it deals with the compellability of journalists as witnesses, the confidentiality of journalists’ human sources, and the relevance of certain issues in a national security case. [...] That said, in all circumstances, the Court concludes that costs of $350, payable in any event of the cause, are fair and appropriate.
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9,071.
Bibeau v. Canada (Attorney General) - 2022 FC 1748 - 2022-12-16
Federal Court Decisions[Deference] means reviewing a decision of an independent chairperson in light of two ‘primary objectives’ – rendering ‘fast and efficient’ disciplinary proceedings in order to ensure ‘order and discipline’ in the correctional system; and acting fairly in conducting proceedings according to legislative and regulatory [...] [...] [...] (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;
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9,072.
Scott v. The King - 2022 TCC 131 - 2022-12-08
Tax Court of Canada Judgments[1] This is an appeal dealing with the Canada Child Benefit. The Appellant, Carol Scott, is appealing a determination made by the Minister of National Revenue (Minister) that she was not a shared-custody parent for the March 2018 to August 2019 period for the purpose of determining her eligibility for the Canada Child [...] [2] Tax Court of Canada Act, RSC, 1985, c T-2. 18.15(3) of the Tax Court of Canada Act states that the Court is not bound by any legal or technical rules of evidence, thus giving me a broad discretion to accept proposed evidence, this discretion is to be applied while ensuring fairness for all parties before the Court.
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9,073.
Saintil v. Canada (Citizenship and Immigration) - 2021 FC 1194 - 2021-11-08
Federal Court Decisions[13] This contention was rejected by the RAD. A litigant’s right to procedural fairness refers to a person’s right to know what to prove (to know the allegations against the person), and to have a meaningful opportunity to present the person’s case. [...] The first issue relates to prospective risk, while the second deals with an internal flight alternative in Haiti.
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9,074.
KC v. Canada (Revenue Agency) - 2021 FC 222 - 2021-03-10
Federal Court DecisionsHe retained a lawyer to assist him in dealing with the CRA’s attempts to collect unpaid taxes, and in requesting taxpayer relief. [...] The TP’s 2017-2019 household levels are fairly high, however, our records show that the TP made a total of $105,625 in payments towards his tax debt during 2017, 2018, and 2019, and the current outstanding balance on the TP’s account is $123,582.87.
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9,075.
Osun v. Canada (Citizenship and Immigration) - 2020 FC 295 - 2020-02-25
Federal Court Decisions[9] The Applicants challenge the merits of the Decision, and do not raise any issues of procedural fairness. [...] This aspect of the Decision also fails to implement Kanthasamy’s guidance that BIOC must be “well identified and defined” and examined “with a great deal of attention” in light of all the evidence (at paras 35, 39).