11,309 result(s)
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9,676.
Millenium Pacific Greenhouses Partneship v. Canada (Employment and Social Development) - 2022 FC 960 - 2022-06-28
Federal Court DecisionsAs a result, it is not necessary to address the applicant’s procedural fairness arguments or its contention that the decision is tainted by a reasonable apprehension of bias. [...] [23] Also on December 10, 2020, Mr. Ayllon forwarded to Ms. Kwaw several emails detailing his dealings with Fraser Health concerning management of the outbreak. [...] [38] Meanwhile, ESDC/Service Canada had contacted UMHC seeking information about their dealings with Mr. Carrillo Perez and Millennium Pacific.
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9,677.
Distribution Prosol PS Ltd v. Custom Building Products Ltd - 2015 FC 1170 - 2015-10-15
Federal Court Decisions[16] Section 6 deals with the concept of “confusion” between two trade-marks. [...] They are all dominated by the word “Fusion” which is a fairly common noun, associated with the idea of bonding and joining two elements. [...] Where there is no direct overlap (or when dealing with common law marks), the Courts will consider the type of items covered by the trade-marks, usually in terms of their general class.
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9,678.
Syed v. The Queen - 2014 TCC 307 - 2014-10-22
Tax Court of Canada JudgmentsThe Minister submits that Abida was not dealing with Samrat at arm’s length and that she received this money without consideration. [...] (c) another person with whom the transferor was not dealing at arm’s length, [...] is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and,
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9,679.
Adam v. Canada (Environment) - 2011 FC 962 - 2011-07-28
Federal Court Decisions(2) Le ministre compétent est tenu de faire la recommandation s’il estime que l’espèce est exposée à des menaces imminentes pour sa survie ou son rétablissement. [...] However, it misses the point, because the Decision clearly stated that the “[A]pplicants’ Treaty Rights and the Crown's obligation to act honourably in all of its dealings with Aboriginal peoples are not relevant” at all. [...] (2) Le ministre compétent est tenu de faire la recommandation s’il estime que l’espèce est exposée à des menaces imminentes pour sa survie ou son rétablissement.
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9,680.
Tippett v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 814 - 2011-07-04
Federal Court DecisionsThis does not suggest that the Minister was dealing with similar cases when the transfers were considered or that the Minister needed to explain why the Applicant’s request for transfer was refused when Mr. Curtis’ request was eventually granted. [...] [96] The jurisprudence is clear that the Minister is obliged to deal with each case individually on its merits. [...] As an anecdote, the fact that two of Mr. Grant's co-accused transfer requests have been approved may be compelling, but as a matter of law, the doctrine of legitimate expectations is limited to procedural fairness.
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9,681.
Rivett v. Monsanto Canada Inc. - 2010 FCA 207 - 2010-08-06
Federal Court of Appeal Decisions[31] On a fair reading of Schmeiser, I am unable to see how the factual matrix in that case is materially different from the one in the cases at hand. [...] In his reasons, the Judge did not specifically deal with this evidence. [...] On a fair and liberal reading of his reasons, I do not think that these general repair costs are caught by his statement at paragraph 69:
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9,682.
L.S. Entertainment Group Inc. v. Formosa Video (Canada) Ltd. - 2005 FC 1347 - 2005-09-30
Federal Court Decisions[6] Counsel for the Plaintiffs filed a further Supplementary Motion Record, dealing with the issues of damages and costs, on the 25th of February 2005. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] (3) Le tribunal doit, avant de rendre l'ordonnance visée au paragraphe (2), en faire donner préavis aux personnes ayant un intérêt dans les exemplaires ou les planches, sauf s'il estime que l'intérêt de la justice ne l'exige pas.
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9,683.
General Motors Acceptance Corp. of Canada Ltd. v. The Queen - 2000-02-03
Tax Court of Canada JudgmentsTherefore, pursuant to subsection 10(1) of the Act, GMAC is required to value the contracts at the lower of their cost or fair market value. [...] GMAC should therefore be permitted to "write down" the value of the contracts to their fair market value. [...] GMCL was able to draw on the resource base of GMAC and found it most efficient for GMAC to administer the program for GMCL. One organization would deal with multiple combinations of marketing programs that GMCL was implementing under rate support.
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9,684.
Paletta Estate v. The Queen - 2021 TCC 11 - 2021-03-25
Tax Court of Canada JudgmentsIn late 2004 or early 2005, Mr. Angelo Paletta stopped dealing with Mr. Lewis and started dealing directly with Mr. Hodgins. [...] Straddle transactions raise significant tax base and fairness concerns. [...] Tim Hodgins was at all times the representative for UCAL/IFX/ODL in respect of the dealings of the Appellant with each trading house.
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9,685.
Georgetown Rail Equipment Company v. Rail Radar Inc. - 2018 FC 70 - 2018-01-31
Federal Court DecisionsUltimately, it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] Here, we are dealing with a specific application of a known technology to a specific industry, i.e., railways. [...] In my view, this is a fair articulation of the manner in which “contour” is used in the 082 and 249 Patents.
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9,686.
Bayer Inc. v. Cobalt Pharmaceuticals Company - 2013 FC 1061 - 2013-10-22
Federal Court DecisionsExample 2 deals with the dissolution rate of the drospirenone in such tablets. [...] Example 4 deals with the bioavailability of those components in the tablets. [...] Example 5 deals with the contraceptive efficacy. [48] The claims – 53 in all – follow.
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9,687.
Hoffman-La Roche Limited v. Apotex Inc. - 2013 FC 718 - 2013-07-12
Federal Court DecisionsTraditionally, for reasons of fairness and predictability, Canadian courts have preferred the latter approach. [...] It only stands to reason that in undertaking an analysis of novelty, obviousness, sufficiency and utility, one should know the nature of the beast with which one is dealing. [...] [348] I would also note that there appeared to be a good deal of progress over a short period of time in addressing the bioavailability problems for oral administration.
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9,688.
Richter & Associates Inc v. The Queen - 2005 TCC 92 - 2005-02-13
Tax Court of Canada Judgmentsshall be fair and reasonable and shall be used consistently by the person throughout the year. [...] The allocation by the Estate of the use of its inputs between its taxable supplies and its other activities (exempt supplies) appears to me to be a fair and reasonable one and it complies with subsection 141.01(5) of the Act. The fairness and reasonableness of that allocation was not contested by counsel for the respondent. [...] In his argument, the respondent's counsel did not deal with this issue and I do not know how it can be said here that the Litigation Support Business constitutes an activity to which the bankruptcy does not relate.
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9,689.
Chesters v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 727 - 2002-06-27
Federal Court Decisions1) the provisions in question must provide fair notice to the citizen; [...] The content of procedural fairness may require different things in different contexts. [...] [138] In my opinion, this argument about procedural fairness is misplaced in the present proceedings.
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9,690.
McCarthy v. Whitefish Lake First Nation #128 - 2023 FC 220 - 2023-02-15
Federal Court DecisionsElder Sparklingeyes believes the Common Law Marriage Prohibition no longer reflects the views of the majority of WLFN. He states that he is “aware of some people who do not vote because they don’t believe our elections are fair because people are not treated equally.” [...] I reach this conclusion keeping in mind that the goal of the rules of evidence is to “promote truth-finding and fairness” and to “facilitate justice” (Mitchell at para 30). [...] In this case, the evidence would need to establish an aboriginal right that specifically deals with exclusion of members on the basis of their Indian status...
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9,691.
Apotex Inc. v. Canada - 2017 FCA 73 - 2017-04-06
Federal Court of Appeal DecisionsThe Court then reviewed in some detail the dealings between the parties. [...] [99] This means that it is just and fair, having regard to the relationship between the parties, to impose a duty of care upon the defendant. [...] Read fairly, the Federal Court found insufficient proximity between the parties to give rise to a duty of care until the parties entered into the settlement agreement.
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9,692.
Pfizer Canada Inc. v. Canada (Health) - 2008 FC 500 - 2008-04-17
Federal Court Decisions[21] In dealing with NOC proceedings, the first minefield is the Notice of Allegation. [...] [83] Taking the evidence as a whole into account, and dealing only with what is set out on the face of the patent, I do not find that what is set out in the patent is insufficient. [...] There has not been a great deal of discussion by the higher Courts in Canada as to the concept of “utility”.
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9,693.
Schreiber v. Canada - 1999-10-21
Federal Court Decisions3. When you receive French language transmissions, you will respond to same with a "stand-by" and shall request a controller working at any other workstation, or the Shift Supervisor, to deal with these transmissions. [...] Furthermore, Mr. Schreiber interpreted paragraph 4 of the third option to require him to "deal with" the concerns of other air traffic controllers. [...] [117] Part VI of the Official Languages Act, entitled "Participation of English-speaking and French-speaking Canadians", deals with employment in federal institutions.
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9,694.
X (Re) - 2018 FC 738 - 2018-08-30
Federal Court DecisionsThat’s fairly simple. CSIS has always had the power to undertake investigative activities abroad. [...] Clause 18 deals with the operations of the agency within Canada in respect of its cooperation with foreign states. [...] We’re dealing with a stateless world to some regard. Doesn’t this bill, in terms of CSIS now give wide extraterritorial applications for Canadian judicial decisions abroad in how we operate?
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9,695.
Rio Tinto Alcan Inc. v. The Queen - 2016 TCC 172 - 2016-07-15
Tax Court of Canada Judgments[47] At the November 23, 2004 meeting, Morgan Stanley and Lazard Frères each provided to the board a fairness opinion which indicated that the Spin‑off offered the best value and was fair for Alcan’s shareholders. [...] For this reason, the fairness opinion was delivered to the board of directors on November 23, 2004. [...] So there’s promotion of the offer, the value of the offer, the desirability from the financial perspective as accepting the offer because it’s a good deal.
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9,696.
Energizer Brands, LLC v. The Gillette Company - 2018 FC 1003 - 2018-10-29
Federal Court Decisions...the judge is able to reach a fair and just determination on the merits on a motion for summary judgment. [...] The Court is dealing with the threshold issue: essentially, even assuming depreciation, does subsection 22(1) apply. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent;
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9,697.
ABB Technology AG v. Hyundai Heavy Industries Co., Ltd. - 2013 FC 947 - 2013-09-11
Federal Court DecisionsFor the reasons that follow it is unnecessary to deal with every issue in dispute. [...] Molony and Nilsson authored three reports dealing with claims construction, validity and infringement and they were each cross-examined with respect to their opinions. [...] The public is [page1054] entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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9,698.
Anglehart Sr. v. Canada - 2012 FC 1205 - 2012-10-18
Federal Court DecisionsThe MFO himself buys back some licences at their fair market value, according to the percentage of the TAC associated with each one. [...] Respect for the finality of a judicial or administrative decision increases fairness and the integrity of the courts, administrative tribunals and the administration of justice; on the other hand, relitigation of issues that have been previously decided in an appropriate forum may undermine confidence in this fairness and [...] [67] Sections 80 to 86 of the Rules deal with the conditions regarding affidavit evidence.
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9,699.
NCS Multistage Inc. v. Kobold Corporation - 2023 FC 1486 - 2023-11-07
Federal Court DecisionsI deal later with whether Claim 11 includes a sealed annular barrier when constructing Claim 11. [...] I will deal with the equalization valve development in relation to subsequent claims. [...] A fair assessment of the Defendants’ joint actual fees is $4,000,000.00 plus taxes and disbursements.
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9,700.
La Scala Conservatory of Music II v. M.N.R. - 2013 TCC 122 - 2013-05-06
Tax Court of Canada Judgments(c) Section 4 of the written contract purported to deal with compensation. [...] The system described by Paul Jacobs appears to be fairly typical. He testified that he would receive a $25 bonus for generating $3,500 in sales and a $50 bonus for generating $5,000. [...] Related people are deemed not to be dealing at arm’s length. However, under paragraph 5(3)(b) if it is reasonable to conclude that the employer and employee would have entered into substantially similar contracts if they had been dealing at arm’s length then the parties are deemed to deal with each other at arm’s length.