11,309 result(s)
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10,126.
Trophy Lodge NWT Ltd. v. Canada (Attorney General) - 2024 FC 618 - 2024-04-24
Federal Court DecisionsB. The process followed by Parks Canada was in breach of procedural fairness 34 [...] [...] I made my decision with a good deal of thought and consideration. [...] B. The process followed by Parks Canada was in breach of procedural fairness
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10,127.
Venngo Inc. v. Concierge Connection Inc. (Perkopolis) - 2017 FCA 96 - 2017-05-08
Federal Court of Appeal Decisionsa) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent. [...] [53] In my view, a fair reading of the Federal Court’s reasons reveals its conclusion that the lack of inherent distinctiveness in Venngo’s marks had not been shown to have given way to any acquired distinctiveness. [...] It deals with the latter issue elsewhere in its reasons and applies the correct test – that of a casual consumer somewhat in a hurry (Venngo, para. 129).
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10,128.
Brown v. Canada - 2014 FC 831 - 2014-08-29
Federal Court DecisionsThe principal goal remains the same: a fair process that results in a just adjudication of disputes. [...] A fair and just process must permit a judge to find the facts necessary to resolve the dispute and to apply the relevant legal principles to the facts as found. [...] 19. (1) Sous réserve de l’article 19.1, le commissaire peut, sur demande du gouvernement du Canada ou d’une province, autoriser celui-ci à faire usage d’une invention brevetée.
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10,129.
Pahtayken v. Oakes - 2009 FC 134 - 2009-02-10
Federal Court DecisionsThere is a great deal of personal bitterness in the evidence and the somewhat extreme measures used by the Respondents to boycott, thwart and nullify the referendum process, rather than seek the consensus of the Nekaneet community as a whole, suggest that some individuals at least have much to lose from the new governance [...] The Respondents cannot boycott and thwart a referendum process aimed at ascertaining the general will at Nekaneet and then offer a petition that has no fair and due process attached to it to support their own legitimacy in the community. [...] The next question is whether the Referendum Vote was the result of a fair and open election in which the voters knew what they were doing when they adopted the new governance regime as custom at Nekaneet.
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10,130.
M.K. Plastics Corporation v. Plasticair Inc. - 2007 FC 574 - 2007-05-30
Federal Court DecisionsIn essence, claims are to be read in an informed and purposive way to achieve fairness and predictability and to define the limits of the monopoly. [...] (b) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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10,131.
Les Marques Metro / Metro Brands S.E.N.C. v. 1161396 Ontario Inc. - 2017 FC 806 - 2017-09-08
Federal Court Decisions(c) One of the objects of the Act is the balance between free competition and fair competition 38 [...] (c) One of the objects of the Act is the balance between free competition and fair competition [...] This is in accordance with the Supreme Court of Canada’s decision Mattel Inc, v 3894207 Canada Inc, 2006 SCC 22 at para 21, where the Court stated that “[t]rade-mark law rests on principles of fair dealing.
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10,132.
Novartis Pharmaceuticals Canada Inc. v. Rhoxalpharma Inc. - 2004 FC 474 - 2004-03-29
Federal Court DecisionsIt is important that the patent system be fair as well as predictable in its operation. [...] (b) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] The public is [page1054] entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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10,133.
Human Care Canada Inc. v. Evolution Technologies Inc. - 2018 FC 1302 - 2018-12-21
Federal Court Decisions• - complicated one‑piece seats require a great deal of manual dexterity and strength to open and close a device; [...] To be fair, it may well be because he was relaying second‑hand information provided to him by Mr. Liu. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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10,134.
Lux Operating Limited Partnership v. The Queen - 2018 TCC 141 - 2018-07-11
Tax Court of Canada JudgmentsIf I were dealing with an assessment, the Respondent’s interpretation would be correct. [...] The example clearly demonstrates that the Respondent’s interpretation would deprive individual partners of procedural fairness, a result that Parliament cannot have intended. [...] [20] Those decisions also involved an application under Rule 58 dealing with the existence of partnerships.
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10,135.
Janssen-Ortho Inc. v. Novopharm Ltd. - 2006 FC 1234 - 2006-10-17
Federal Court DecisionsIt would be intimidating to a person unaccustomed to being in Court or dealing with lawyers. [...] [56] The 1982 poster deals with flumequine, not Ofloxacin, not levofloxacin. [...] The Court must take a fair and generous view as to what sort of person comprises a person skilled in the art.
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10,136.
Gessner v. The King - 2023 TCC 87 - 2023-06-13
Tax Court of Canada JudgmentsI first have had to deal with whether this omission was incorrect (thereby being a misrepresentation). [...] The underlying rationale is to ensure fairness and to permit all evidence relevant to be before the Court.
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10,137.
Ibrahim v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 710 - 2023-05-25
Federal Court Decisions[29] Furthermore, at paragraph 84 of Camayo, the Federal Court of Appeal stated that, in dealing with cessation cases, the RPD should have regard to certain factors, at a minimum, which may assist in rebutting the presumption of reavailment. [...] The Court must rather adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13), again without reweighing the evidence before it (Vavilov at para 125).
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10,138.
Canada (Citizenship and Immigration) v. Aini - 2022 FC 1479 - 2022-10-27
Federal Court DecisionsHowever, the RAD disagreed with the RPD regarding the significance of the omission, finding it to deal with a peripheral matter that did not bring his entire testimony into doubt. [...] The Minister points to the RPD transcript which shows that the Respondent did not get a letter from the social worker “because [the Respondent] believe that we will not be treated fairly”.
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10,139.
Canada (Citizenship and Immigration) v. Elizaire - 2022 FC 1353 - 2022-09-29
Federal Court Decisions[16] The quoted passage from Xie at paragraph 38 therefore refers to a different situation, where paragraph F(b) must be applied and where the issue relates to different jurisdictions dealing with different facets. [...] Elements like concern for delay, fairness to the parties, urgency of providing a resolution to the dispute, the nature of the particular regulatory regime, whether the administrative decision maker had a genuine opportunity to weigh in on the issue in question, costs to the parties, and the efficient use of public resources
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10,140.
Ekhator v. Canada (Citizenship and Immigration) - 2022 FC 1303 - 2022-09-16
Federal Court Decisions[8] As stated in a procedural fairness letter [PFL], dated July 17, 2019, to the Applicant, the Officer was not satisfied that the parent-child relationship between the Applicant and her biological mother had been severed. [...] The Applicant asks this Court to draw from cases dealing with adoptions in different contexts: overseas adoptions and adoptions of minor children.
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10,141.
Chen v. Canada (Citizenship and Immigration) - 2022 FC 1122 - 2022-07-27
Federal Court DecisionsThe Applicant argues that he did not have an opportunity to explain the discrepancy relied on by the RAD because the RPD did not specifically deal with the sur place issue. [...] In Jianzhu, neither the applicants nor the RPD had raised a sur place claim and the issue was one of fairness to the applicants – as they had not been provided with an opportunity to address the sur place issue decided by the RAD. Here, the Applicant raised the issue of a sur place claim in his submissions to the RAD. As
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10,142.
Levin v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 1091 - 2022-07-25
Federal Court Decisions[10] On July 14, 2021, the Applicant received a procedural fairness letter from IRCC raising concerns about misrepresentation and dual intent. [...] [30] The Guidelines also contain a section dealing specifically with the application of temporary entry under CUSMA (Article 16) for university, college and seminary teachers.
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10,143.
Ass'ad Hawari v. Canada (Citizenship and Immigration) - 2022 FC 629 - 2022-05-02
Federal Court Decisions[39] The RAD found that the RPD’s process was procedurally fair. The Applicant was represented by counsel, the hearing lasted over 4 hours, and counsel was not hindered in asking questions. [...] Klinko is distinguishable as that case addressed widespread corruption impacting social groups, while the present case deals with a secret private agreement.
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10,144.
Bishop v. Canada (Citizenship and Immigration) - 2022 FC 569 - 2022-04-21
Federal Court DecisionsI underline that, prior to Vavilov, the courts had already determined that the standard of reasonableness was applicable to issues dealing with the application of the test of adequacy of state protection to a particular factual situation (Hinzman v Canada (Citizenship and Immigration), 2007 FCA 171 [Hinzman] at para 38; [...] The reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13).
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10,145.
Vushaj v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 430 - 2022-04-05
Federal Court Decisions[26] I cannot identify an issue of procedural fairness in the present case. [...] and sensitive to the best interests of the children directly affected and the child's interests are well identified and defined after which they are to be examined with a great deal of attention in light of all the evidence” (Babafunmi v Canada (Citizenship and Immigration), 2019 F 151 at para 70 citing Semana at para 24).
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10,146.
Fyfe v. The Queen - 2022 TCC 20 - 2022-02-16
Tax Court of Canada JudgmentsThe auditor performed efficient, detailed, methodical, fair and equitable, truthful and reliable work. [...] Pierre Juneau got involved in a rather shady cash deal with his subcontractor because the subcontractor wanted to avoid using the services of a bank.
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10,147.
Paul v. Canada (Citizenship and Immigration) - 2022 FC 54 - 2022-01-18
Federal Court DecisionsThe reviewing court must show restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] However, in light of Ms. Paul’s account and the documentary evidence dealing with the experience of Haitians in Brazil, I find that it was reasonable for the RAD to conclude that the discrimination alleged by Ms. Paul did not amount to persecution.
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10,148.
Gentile v. Canada (Citizenship and Immigration) - 2020 FC 452 - 2020-03-30
Federal Court Decisionsa) dans l’attente de renseignements ou d’éléments de preuve ou des résultats d’une enquête, afin d’établir si le demandeur remplit, à l’égard de la demande, les conditions prévues sous le régime de la présente loi, si celui-ci devrait faire l’objet d’une enquête dans le cadre de la Loi sur l’immigration et la protection des [...] Most of the cases cited by the Minister regarding section 13.1 deal primarily with whether the suspension power applies in particular circumstances, rather than when a suspension will be considered unreasonable: see, e.g., Canada (Citizenship and Immigration) v Nilam, 2017 FCA 44 at paras 27, 30 and Tayeb Ali v Canada
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10,149.
Air Canada v. Canadian Union of Public Employees (Air Canada Component) - 2020 FC 420 - 2020-03-25
Federal Court DecisionsHowever, when attempting to ascertain whether a potential hazard or future activity could reasonably be expected to cause injury before the hazard could be corrected or the activity altered, one is necessarily dealing with the future. [...] Le responsable doit aussitôt que possible, sans toutefois compromettre le fonctionnement du navire ou de l’aéronef, décider si l’employé peut cesser d’utiliser ou de faire fonctionner la machine ou la chose en question, de travailler dans ce lieu ou d’accomplir la tâche, et informer l’employé de sa décision.
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10,150.
Canada v. Harman - 2020 FC 47 - 2020-01-14
Federal Court DecisionsThe Plaintiff argues that this case should be determined by summary judgment because the evidence needed to fairly adjudicate the matter is contained in the affidavits that are before the Court, and the matter turns mainly on legal questions relating to the interpretation of AMPA. [...] Again, I will deal with this submission briefly. The Defendant has not introduced any evidence to support this contention, and it flies in the face of the evidence and admissions on the record.