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Huyck v. Musqueam Indian Band - 2000-05-05

- October 2, 1998: Letter from Mr. Funt to Mr. Harvey, requesting material dealing with the resignations.   [...]  His only concern was to deal with the matter promptly and to arrive at a reasonable decision.   [...]  However, in this section, I am dealing with the issue of the Band"s non-disclosure of information.

Eli Lilly and Company v. Apotex Inc. - 2014 FC 1254 - 2015-01-23

I propose to deal with this issue first because whether the NIA Defence is available to an infringer will inform the discussion of the remaining issues.   [...]  [A] fair and accurate reconstruction of the “but for” market also must take into account, where relevant, alternative actions the infringer foreseeably would have undertaken had he not infringed.   [...]  This leads me to the view that Lilly is less likely to be willing to negotiate a deal unless it is of the view that it has “bettered” Apotex in the negotiated deal.

Bristol-Myers Squibb Canada Co. v. Pharmascience Inc. - 2021 FC 1 - 2021-01-12

The resulting construction of the claims should be one which is "in the interest of fairness both to the patentee and the public" (Free World at paragraph 50).   [...]  The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.   [...]  [128] The relevant common general knowledge at the claim date (February 25, 2010) is that dealing with particle size, dissolution rate, and known experiences with apixaban.

Sani Bleu Inc. v. 9269-6806 Québec Inc. - 2022 FC 1711 - 2022-12-12

[3] When dealing with a motion for default judgment, the Court must answer two questions: (1) is the defendant actually in default; and (2) is there sufficient evidence to support the plaintiff’s claim (Canada v Zielinski Brother’s Farm Inc, 2019 FC 1532 at para 1; Chase Manhattan Corp v 3133559 Canada Inc, 2001 FCT 895).   [...]  The amount awarded is at the Court’s discretion, as there is no evidence to estimate more fairly the damages actually suffered.   [...]  In my view, in light of the circumstances of this case, and recognizing that a plaintiff is entitled to be fully and fairly compensated for any losses suffered as a consequence of unfair competition from passing-off, I agree that both prejudgment and judgment interest should be awarded to Sani Blue in addition to the

Ubah v. Canada - 2022 FC 343 - 2022-03-14

Rule 72 concerns formal defects in a document or a failure to satisfy a condition precedent for filing, while Rule 74 deals with fatal substantive defects in documents that have been filed.   [...]  [54] In Prothonotary Ring’s Order, it was made clear to the Applicant that one key purpose of pleadings is to define with precision the nature of the allegations and the facts that support them, because that is what fairness demands before a defendant is asked to answer a claim or a court is asked to administer and   [...]  The Plaintiff’s approach has ignored this advice, and he has not complied with the Rules or with the basic elements of a fair and appropriate procedure.

Subway IP LLC v. Budway, Cannabis & Wellness Store - 2021 FC 583 - 2021-06-10

[22] The ’134 Mark and the ’443 Mark each have a fairly high degree of inherent distinctiveness.   [...]  It is also increased by the evidence that the respondents appear to be operating a cannabis dispensary without a provincial license to do so, and from a location that Ms. Johnson fairly describes as having a “somewhat downmarket exterior appearance.”   [...]  selling, distributing, advertising, or otherwise dealing in goods or services in association with the trademark or trade name BUDWAY;

Ward v. Canada (Citizenship and Immigration) - 2019 FC 863 - 2019-06-26

... Having reviewed the totality of the evidence provided and on balance, I find that the applicant is not credible and has contradicted herself, between the eligibility interview and in response to procedural fairness.   [...]  Additionally, based upon all the evidence provided by the applicant in the file and in his [sic] response to the procedural fairness portion of the interview, and in light of country conditions in Syria, I am not satisfied that there is a reasonable chance or good grounds that the applicant continues to be, seriously and   [...]  The evidence that was before the Officer, including the inability of some of the Applicants to find meaningful employment, clearly suggests that the Applicants suffer a great deal of risk in Syria.

Peshdary v. Canada (Attorney General) - 2018 FC 911 - 2018-09-12

[24] I will deal first with the suggestion that the affiant should have told the judge that the articles Mr Peshdary retrieved about the situation in Yemen came from a reasonably reliable and objective news source, CNN, not an extremist organization.   [...]  These statements cannot fairly be characterized as positive statements about Mr Peshdary.   [...]  21 (1) Le directeur ou un employé désigné à cette fin par le ministre peut, après avoir obtenu l’approbation du ministre, demander à un juge de décerner un mandat en conformité avec le présent article s’il a des motifs raisonnables de croire que le mandat est nécessaire pour permettre au Service de faire enquête, au Canada

Melendez v. Canada (Public Safety and Emergency Preparedness) - 2016 FC 1363 - 2016-12-09

... [37] ...It is not the function of the immigration officer, when deciding whether or not to prepare a report on inadmissibility based on paragraph 36(2)(a) grounds, or the function of the Minister’s delegate when he acts on a report, to deal with matters described in sections 25 (H&C considerations) and 112   [...]  [35] Based on the jurisprudence noted above and the circumstances of this case, the Court cannot conclude that the duty of fairness in a case like this one requires the Officer to allow for submissions prior to the issuance of a subsection 44(1) report, or that the Officer should, or even could, consider humanitarian and   [...]  Therefore, the Court finds no breach in procedural fairness that warrants its intervention.

Lu v. Canada (Citizenship and Immigration) - 2016 FC 175 - 2016-02-09

The Officer focused almost exclusively on the Sponsor’s failure to disclose the existence of the Applicant, indicating at least five times that the Sponsor made the choice of not including the Applicant in the application, and failed to provide fair and proper consideration of H&C factors as per s 25 of the Act: Sultana  [...]  [45] The portion of the Decision which deals with the Applicant’s s 25(1) submissions, in essence, can be reduced to the following:   [...]  [49] The problems with this Decision are fairly set out in the Applicant’s submissions and can be summarized as follows:

Varon v. Canada (Citizenship and Immigration) - 2015 FC 356 - 2015-03-20

3. Did the Board fail to observe a principle of natural justice, procedural fairness or other procedure that it is required by law to observe?   [...]  The Board appears to expect that the Applicant should be fairly precise about the timing of these threats and his father’s reaction to them, even though the Applicant has no direct knowledge of what has transpired.   [...]  The father is the one who has had to deal with the FARC threats against the Applicant and he is the one individual who can give accurate, direct evidence about the how, when and why the threats were made, and why the Applicant had to be sent abroad to avoid the consequence of those threats.

Mignardi v. The Queen - 2013 TCC 67 - 2013-03-06

The Court said that there may be situations where fairness would require that no onus be placed on a taxpayer to rebut a specific factual assumption made by the Crown and gave as an example a fact that is solely within the knowledge of the Crown.   [...]  It should be recalled that one of the bases on which a person is assessed under those provisions is his or her relationship with the tax debtor, either as in this case as a director of the debtor corporation or as a party not dealing at arm’s length with the tax debtor.   [...]  2003 and given the Minister’s failure to provide copies of the returns or details of the audit or corporate assessments to Mr. Mignardi, I believe that the facts concerning the assessments against 1313 are at this stage are peculiarly within the Minister's knowledge and that fairness dictates the onus of proof be reversed.

Kossow v. The Queen - 2012 TCC 325 - 2012-09-14

- Tax opinion from the law firm of Thorsteinssons, Canada’s largest law firm dealing exclusively in the area of taxation   [...]  “total charitable gifts”, of an individual for a taxation year, means the total of all amounts each of which is the fair market value of a gift (other than a gift the fair market value of which is included in the total Crown gifts, the total cultural gifts or the total ecological gifts of the individual for the year) made