Advanced Search

Doucette v. Canada (Minister of Human Resources Development) - 2004 FCA 292 - 2004-09-15

[9] A fair reading of these comments suggests that Dr. Noftall cannot explain all of Mr. Doucette's symptoms by reference to his orthopaedic problems.   [...]  The reasons under review should be fairly considered and in performing that exercise, we should, as Binnie J. suggests, examine the record on which the decision under review is based.   [...]  He reported a great deal of physical and psychological stress which has been ongoing for the past two years.

Ferring Inc. v. Canada (Attorney General) - 2003 FCT 293 - 2003-03-11

The question, therefore, is whether the words "in respect of a drug" should be read in a limited way to mean that only NOCs "for" drug approval are covered or whether a broader meaning should be assigned such that section 4 of the PM(NOC) Regulations deals with NOCs for all the purposes described in subsection C.08.003(2)   [...]  [30] In my view, by using the phase "in respect of" instead of the word "for" or instead of the words "new drug submission" to describe notices of compliance, Parliament meant "in relation to" a drug and this meaning would include notices of compliance which deal with a drug's brand name and all the other matters listed in   [...]  (3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité.

Miningwatch Canada v. Canada (Fisheries and Oceans) - 2007 FC 955 - 2007-09-25

Part VII of the Schedule entitled “Physical activities and classes of physical activities” (the IL) deals with “fisheries”.   [...]  However, the Court must deal with two preliminary issues raised by the Respondents.   [...]  [218] Section 22 of the CEAA, which also deals with comprehensive studies, has not been amended.

Houle v. Canada (Attorney General) - 2020 FC 578 - 2020-05-01

c. that it is likely that a person dealing with this condition will not have access, on the high seas, to adequate and timely medical care; and   [...]  Appendix A deals with vision standards; Appendix B, with hearing standards; Appendix C, with physical capability requirements; and Appendix D, with fitness criteria for medication use.   [...]  g) le fait qu’un fournisseur de biens, de services, d’installations ou de moyens d’hébergement destinés au public, ou de locaux commerciaux ou de logements en prive un individu ou le défavorise lors de leur fourniture pour un motif de distinction illicite, s’il a un motif justifiable de le faire.

Mugesera v. Canada (Minister of Citizenship and Immigration)) - 2003 FCA 325 - 2003-09-08

We were dealing with human rights abuses not with platitudes about the electoral process . . .   [...]  The opinion need not be fair in any objective sense. There is no requirement that the criticism be impartial and well-balanced.   [...]  . . . . . The comment does not have to be reasonable or temperate in order to be fair, in spite of some early suggestions to the contrary.

Bell Canada v. Communications, Energy and Paperworkers Union of Canada - 1998-03-17

Indeed "greater efficiency" and "economies of scale" are only sometimes productive of fairness and justice, and this appears not to be one of those instances.   [...]  In my view, this appeal can be entirely disposed of on jurisdictional and procedural grounds, and accordingly, I do not find it necessary or appropriate to deal with the correctness of the Canadian Human Rights Commission's interpretation of s. 11 of the Canadian Human Rights Act, S.C. 1976-77, c. 33.   [...]  That is a decision which the Commission made in defiance of the statute and of fairness: it ought not to have been made.

Lin v. Airbnb, Inc. - 2021 FC 1260 - 2021-11-19

This is a neutral factor in assessing the fairness and reasonableness of the Class Counsel Fees.   [...]  This does not fit the definition of being “fair and reasonable in the circumstances.”   [...]  The Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class.

EAB Tool Company Inc. v. Norske Tools Ltd. - 2017 FC 898 - 2017-10-10

[20] Mr. Trudgeon describes the early history of the TRADE-A-BLADE brand, and his dealings with Mr. Forbes at that time.   [...]  (2) L’emploi d’une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l’emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les produits liés à ces marques de commerce sont fabriqués, vendus, donnés à bail ou loués, ou que les services liés à ces   [...]  a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent

Forest Ethics Advocacy Association v. Canada (National Energy Board) - 2014 FCA 245 - 2014-10-31

It also has considerable experience and expertise in ensuring that its hearings deal with the issues mandated by the Act in a timely and efficient way.   [...]  [77] Parliament has recently enacted section 55.2 to make Board hearings fair but more focused and efficient: Jobs, Growth and Long-term Prosperity Act, supra at section 83.   [...]  • Further, the Board’s reference to “fairness” signals a sensitivity to the interests, including free expression interests, of each applicant before it.

Triad Gestco Ltd. v. Canada - 2012 FCA 258 - 2012-10-15

On August 27, 2002, the appellant owned shares of Rcongold which had a fair market value of $8 million (the common shares).   [...]  On August 28, 2002, the appellant continued to own shares of Rcongold which had a fair market value of $8 million (the Class "E" shares) and after the disposition of the common shares of Rcongold to the [Peter Cohen Trust], the appellant continued to own shares in Rcongold having a fair market value of $8 million.   [...]  [26] Before embarking on the analysis, it is useful to briefly review the provisions of the Act which deal with treatment of capital losses.

Air Canada Pilots Assn. v. Air Line Pilots Assn. - 2003 FCA 160 - 2003-03-27

[16] The Board held that in the context of seniority list integration under the Code, its role is to protect negotiated rights and to amend such existing rights only to the extent necessary to produce a fair and equitable result.   [...]  b) faire l'objet d'un recours judiciaire, notamment par voie d'injonction, de certiorari, de prohibition ou de quo warranto.   [...]  [33] In dealing with the date of the merger of Air Canada and Canadian, it is apparent there is no express agreement in the Protocol as to a date for seniority list integration.

Sousa Bettencourt v. Canada (Citizenship and Immigration) - 2023 FC 225 - 2023-02-16

i. Was the decision rendered in breach of a duty of procedural fairness?   [...]  Rather, the Court is to determine whether the proceedings were fair in all of the circumstances.   [...]  The Decision was Not Made in Breach of the Duty of Procedural Fairness

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. - 2015 FCA 222 - 2015-10-20

If the tribunal structure set up by the legislature is incapable of dealing with a decision’s potential adverse impacts on Aboriginal interests, then the Aboriginal peoples affected must seek appropriate remedies in the courts: Haida Nation, at paragraph 51.   [...]  [47] As is apparent from paragraph 63 of Carrier Sekani (reproduced above), the Supreme Court acknowledged that tribunals may lack practical and effective remedial powers to deal with failures on the part of the Crown to comply with applicable Haida duties.   [...]  In that case, the affected First Nation relied on the duty to consult as a basis for arguing that the NEB was subject to a heightened level of procedural fairness.