11,309 result(s)
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9,926.
Nycomed Canada Inc. v. Canada (Health) - 2008 FC 555 - 2008-04-29
Federal Court Decisionsknown to inhibit the secretion of gastric juice or acid in the stomach.Its use as such is no longer protected by patent.For the purpose of this motion, it is fair to say that the relevant claims of the ‘694 Patent appear to be for a composition of pantoprazole both partly resistant and partly non-resistant to gastric [...] claim 3 of the patent does not contain a claim for the medicine, she specifically mentions that Apotex’s NOA, in respect of allegations of irrelevant claims, deals only with claim 3 of the ‘694 Patent; accordingly, that is the only claim that she herself addresses and determines on the issue of relevance.Indeed, the Court
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9,927.
International Longshore and Warehouse Union, Canada v. Canada (Attorney General) - 2008 FCA 3 - 2008-01-07
Federal Court of Appeal DecisionsAlthough these files have not been consolidated for the purpose of dealing with the motions, I will give a single set of reasons. [...] a. Denying the applicants a fair hearing; b. Conducting a hearing in breach of the principles of natural justice;
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9,928.
Solvay Pharma Inc. v. Apotex Inc. - 2007 FC 913 - 2007-09-14
Federal Court Decisions[7] This motion does not deal with any matter that is vital to the final issues (such as, for example, a motion to strike). [...] Thus, it is fair to say that each case will involve a different weighing depending on the individual circumstances before the decision maker.
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9,929.
Mrak v. Canada (Human Resources and Skills Development) - 2007 FC 672 - 2007-06-26
Federal Court Decisions[24] I also refer to Justice Reed’s decision in Kerth v. Canada (Minister of Human Resources Development) [1999] FCJ No. 1252 dealing, once again, with a judicial review application challenging the refusal to grant leave to the Board from a decision of the Review Tribunal. [...] [37] Counsel for Mr. Mrak raised a third point which I need not discuss which related to a breach of the duty of fairness in not providing written reasons for the grant of leave.
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9,930.
Willson v. Canada (Citizenship and Immigration) - 2007 FC 488 - 2007-05-04
Federal Court DecisionsGiven that the end of the civil war is still fairly recent, it was also reasonable to conclude that medical services should continue to improve in Liberia. [...] It is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention.
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9,931.
Amar v. The Queen - 2006 TCC 420 - 2006-07-21
Tax Court of Canada Judgments(f) none of the Zuniq group corporations deals at arm’s length with the others or with Zuniq and Vohoang; [...] As well, no evaluation of the fair market value of the shares of the 12 partnerships in the Zuniq group was submitted to justify the “buy-back” price.
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9,932.
Ha v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 594 - 2006-05-12
Federal Court DecisionsIt is clear from the case authorities that a contrary intention has been fairly frequently recognized in connection with statutory duties of the sort created by section 27(1) of the Act. Often such provisions are found to be directory, albeit subject to judicial supervision by way of mandamus for unreasonable delay. [...] [16] One of the most comprehensive decisions dealing with the mandatory/directory question is Rahman v. Alberta College and Assn. of Respiratory Therapy, [2001] A.J. No. 343, 2001 ABQB 222.
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9,933.
Geauvreau-Turner Estate v. Ojibways of Onigaming First Nation - 2006 FC 514 - 2006-04-24
Federal Court DecisionsRather, the purpose of providing an employee with reasonable notice of his/her dismissal (or payment in lieu) is to provide the employee with a fair opportunity to look for another, comparable job. [...] The cases of wrongful dismissal deal with a different concept i.e. that compensation in lieu of reasonable notice to end the contract.
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9,934.
Lalancette v. The Queen - 2005 TCC 748 - 2005-12-09
Tax Court of Canada Judgments. . . we are dealing with an RRSP strip scheme that benefits the promoters as well as the annuitants like the Appellant because they succeeded in obtaining money from their RRSPs without any tax consequences, had it not been for this assessment in dispute. [...] the fair market value of (c) the non-qualified investment at the time it was acquired by the trust, or
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9,935.
Holway v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1261 - 2005-09-14
Federal Court DecisionsNevertheless, given the fact that the Applicant is seeking to sponsor his aging parents, fairness suggests that some attempt be made to alleviate the delay caused by the possibility that the leave application was only refused because of the Respondent's argument based upon pre-maturity. [...] Russell J. should remain involved in dealing with any such motion for reconsideration and any subsequent review application that might follow with a view to expediting the process if possible, and subject to any further order of the Court and the advice of counsel.
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9,936.
Glaxosmithkline Inc. v. Canada (Attorney General) - 2004 FC 1725 - 2004-12-10
Federal Court Decisions[12] Thus, both patents deal with processes for the controlled release of active substances. [...] The construction of a patent must be neither benevolent nor harsh, but rather should be reasonable and fair to both the public and the patentee.
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9,937.
Safilo Canada Inc. v. Contour Optik Inc. - 2004 FC 1534 - 2004-10-29
Federal Court DecisionsFurther, from the definition of that term in section 2 of the Act, and the interpretation given to the word over the years in dealing with section 55 of the Act (see Electric Chain Company of Canada Ltd. v. Art Metal Works Inc., [1933] S.C.R. 581; Fiberglas Canada Ltd. et al. v. Spun Rock Wools Ltd. et al., [1947] 2 D.L.R. [...] 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.
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9,938.
Sherman v. Canada (Minister of National Revenue) - 2004 FC 1423 - 2004-10-14
Federal Court Decisionsc) contenant des renseignements dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment_: [...] Again, it is urged that the person who deals with the IRS is the best person to determine what damage may occur.
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9,939.
Canadian Private Copying Collective v. Amico Imaging Services Inc. - 2004 FC 469 - 2004-03-26
Federal Court Decisions... (i) the duty of the applicant is to make a "full and fair disclosure of all the material facts"; ... [...] (ii) the material facts are those which it is material for the judge to know in dealing with the application as made; ...
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9,940.
Canada (Attorney General) v. Canada (Human Rights Commission) - 2003 FC 1373 - 2003-11-20
Federal Court Decisions[21] The Tribunal considered the cases dealing with the requirements for proving a prima facie case. [...] Moreover, promotions were not decided on an individual basis but rather on the basis of a merit list created annually through a fairly complex process.
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9,941.
Furlong v. Canada (Attorney General) - 2003 FCT 731 - 2003-06-12
Federal Court DecisionsIn order to fully understand this application, it is preferable to deal with the following question first: [...] ou la modifier s’il constate que les conclusions sur les faits ou l’interprétation du droit étaient erronées; il peut aussi le faire sur demande si l’auteur de la demande allègue que les conclusions sur les faits ou l’interprétation du droit étaient erronées ou si de nouveaux éléments de preuve lui sont présentés.
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9,942.
Januario v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 527 - 2002-05-08
Federal Court DecisionsThe report, however, does not address the concern arising from the use of an unfamiliar word, instead it deals with the applicant's understanding of the word torture. [...] In my opinion, this is a fair assessment of the evidence. [29] Similarly, in my view, the CRDD did not base its finding of exclusion on the applicant's alleged admission of having personally committed torture while he served with the ANP. Instead, the CRDD found that the applicant was excluded on the basis of his complicity
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9,943.
Moghtader v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 296 - 2002-03-19
Federal Court DecisionsAfter that, for about 10 months, I was busy dealing with some of my personal matters. [...] [...] g) de remplir, envers les réfugiés, les obligations imposées au Canada par le droit international et de continuer à faire honneur à la tradition humanitaire du pays à l'endroit des personnes déplacées ou persécutées;
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9,944.
Li v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1242 - 2001-11-14
Federal Court DecisionsWhile a compassionate person could conclude that these were manifestations of the applicant's understandable anxiety in a difficult situation, a fair-minded person could also conclude that the applicant was anxious because she was not being truthful. [...] Mr. Markaki argued that the CRDD only considered the issue of whether punishment for illegal exit was persecutory, without specifically dealing with how the applicants' well-publicized refugee claims would be viewed by Chinese authorities and the effect it might have on their punishment.
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9,945.
Yeager v. Canada (Correctional Service) - 2001 FCT 434 - 2001-05-03
Federal Court Decisions... 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: [...] They deal with the traditional emphasis which has been placed, in our justice system, upon an open court system.
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9,946.
Sidhu v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 197 - 2001-03-19
Federal Court DecisionsThus, although subsection 12(3) of the Act does not itself mention time, it is clear that on the basis of subsection 14(2) of the Act, the Minister's own guidelines as described above, and the rules of fairness and natural justice that a reasonable time should be prescribed within which the interview should take place. [...] [19] The Act deals with loss of status for a permanent resident. Subsection 24(1) reads as follows:
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9,947.
Ashton v. The Queen - 2001-01-22
Tax Court of Canada Judgments[3] In considering whether a director has exercised care, diligence and skill to prevent a failure to remit tax the Courts have fairly consistently given effect to the statutory language by recognizing that failure can be prevented only before it occurs. [...] Mr. Smith indicated that he had no direct dealings with any director of A-P.
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9,948.
Beattie v. Canada - 2000-11-24
Federal Court DecisionsIn addition, declarations are sought regarding personal entitlement to receive payment of an equal per capita share of the total fair market value of the mineral rights of I.R. No. 172 and for compound interest payable in regard to the alleged personal entitlement. [...] The only loss or damage claimed by the plaintiffs as a result of the alleged breach is said to arise from the defendant's dealings with I.R. No. 172.
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9,949.
Weiss v. Canada (Minister of Citizenship and Immigration) - 2000-07-07
Federal Court DecisionsBecause of these problems I felt that my case was not being dealt with fairly and as a result, their negative decision came as no real surprise to me. [...] We are dealing solely with Israel? PRESIDING MEMBER: Unless you have some submissions on that regard.
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9,950.
Bayside Towing Ltd. v. Canadian Pacific Railway - 2000-06-28
Federal Court DecisionsMr. Justice Teitelbaum, in allowing the discovery, did not deal directly with the issue of whether the Rule permitted only discovery of individuals as witnesses as opposed to discovery as agents or representatives of corporations. [...] I need not consider the third and fourth requirements of the Rule, those of fairness and of delay, inconvenience or expense to the person to be examined or to other parties, for those elements were not put at issue.