11,309 result(s)
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10,251.
Astrazeneca Canada Inc. v. Apotex Inc. - 2011 FC 505 - 2011-05-24
Federal Court Decisions• [55] As to the first prong of the test, an applicant’s burden is fairly low. [...] Given that AstraZeneca launched the within action fairly recently, and is continuing to pursue it, it is reasonable to assume that AstraZeneca believes that it will prevail. [...] AstraZeneca also submitted that “there will be a significant impact on AstraZeneca’s ongoing and future performance,” as described in the section of its submissions dealing with the irreparable harm prong of the tri-partite test.
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10,252.
Calgon Carbon Corporation v. North Bay (City) - 2006 FC 1373 - 2006-11-14
Federal Court DecisionsIn the course of completing that deal, Trojan agreed to indemnify North Bay against any claim of patent infringement arising from the use of the system. [...] Calgon waived the license fee for that installation because Mr. Dinkel, as part of the deal, agreed to provide tours to prospective Calgon customers. [...] Calgon’s experts conceded that if UV treatment within the scope of the claims was being employed to deal with bacteria, Crypto was also inactivated.
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10,253.
Johnston v. Okanagan First Nation - 2022 FC 1237 - 2022-08-29
Federal Court DecisionsIssues of procedural fairness are to be reviewed on a correctness standard. [...] Procedural Fairness Exception [86] OKIB next asserts that much of the evidence in the Johnston Affidavit does not establish the breaches of procedural fairness set out in her Notice of Application. [...] While not applicable in this matter, sections 4.2 and 4.3 deal with “other applicants”.
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10,254.
L'Oréal v. Cosmética Cabinas, S.L - 2016 FC 680 - 2016-06-17
Federal Court DecisionsIn particular, Cabinas submits that this evidence (i) does not call into question the finding that the AINHOA mark had been used in Canada prior to January 16, 2009, (ii) deals with factors of the test for likelihood of confusion that the Registrar found to be in favour of L’Oréal; and (iii) contains admissions confirming [...] [35] Under section 2 of the Act, “use,” in relation to a trade-mark, means any use that by section 4 is “deemed to be a use in association with goods or services.” Subsection 4(1) of the Act, which specifically deals with the use of a trade-mark in association with goods, reads as follows: [...] 5 Une personne est réputée faire connaître une marque de commerce au Canada seulement si elle l’emploie dans un pays de l’Union, autre que le Canada, en liaison avec des produits ou services, si, selon le cas :
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10,255.
Zale Canada Diamond Sourcing Inc. v. Canada - 2010 FC 202 - 2010-02-25
Federal Court DecisionsThe Plaintiff adds that the wording of Bill C-259 should be given "such fair, large and liberal construction and interpretation as best ensures the attainment of its objects" under section 12 of the Interpretation Act. [...] I am just not clear on the matter I am dealing with. I now have schedule I in front of me. [...] 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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10,256.
Badawy v. 1038482 Alberta Ltd. (IntelliView Technologies Inc.) - 2019 FC 504 - 2019-04-23
Federal Court Decisions[61] The Court of Queen’s Bench of Alberta is not the only Court that has found it necessary to deal with Mr. Badawy’s vexatious approach to litigation. [...] [94] Mr. Badawy has made no attempt to answer or refute these allegations in his submissions before me except to repeat the same unsubstantiated allegations of impropriety against the IDs and BLG. My review of the record behind these undisputed allegations confirms that they are fair and accurate. [...] And, in any event, such matters cannot be used to prevent the Court from dealing with and proscribing his abusive and vexatious conduct.
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10,257.
Canada (Citizenship and Immigration) v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 34 - 2009-01-15
Federal Court DecisionsJustice Layden-Stevenson is also dealing with a request for the variation of the terms and conditions of Mr. Mahjoub’s release from detention. [...] That question is better determined by the judges dealing with the variation or review of the terms and conditions of Messrs. [...] As a consequence, I will deal with each category of photographs separately, starting with the photographs taken inside the family home.
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10,258.
Milne v. Canada - 2023 FCA 137 - 2023-06-13
Federal Court of Appeal DecisionsThese reasons deal with Mr. Milne’s appeal from the dismissal of his claim for compensation. [...] [18] After dealing with some procedural history and pre-trial motions, the Federal Court assessed the credibility of the witnesses before it. [...] It's a fairly simply [sic] equation in that regard. Transcript Brief at p. 0457, lines 5-21
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10,259.
George v. Heiltsuk First Nation - 2022 FC 1786 - 2022-12-21
Federal Court DecisionsIn my view, sur-reply argument should only be permitted in special circumstances where considerations of procedural fairness and the need to make a proper determination require it. [...] [56] The Respondent relies on Cyanamid Canada Inc v Canada (Commissioner of Patents), [1983] FCJ No 429, 74 CPR (2d) 133 [Cyanamid] for the proposition that “where there is... a clear question of jurisdiction which may determine the entire matter, common sense dictates, and [Rule 4] permits, that the Court deal with the [...] [98] I further note that the Court has assumed jurisdiction in decisions dealing with banishment and removal of individuals under residency bylaws enacted by band councils pursuant to the Indian Act: see Solomon v Garden River First Nation, 2019 FC 1505.
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10,260.
Voltage Holdings, LLC v. Doe#1 - 2022 FC 827 - 2022-06-06
Federal Court Decisions[49] The Plaintiff refers to paragraph 46 of Rogers, which states that “the notice and notice regime should be interpreted so as “to allow copyright owners to protect and vindicate their rights as quickly, easily and efficiently as possible while ensuring fair treatment of all””. [...] The trial judge declined to deal with this issue, in part because of the limited nature of the evidence on this question. [...] v Kraft Canada Inc, 2007 SCC 57; Salna at para 87): a) there must be an act of primary infringement; b) the secondary infringer must be shown to have known that he or she was dealing with a product of infringement; and c) the secondary infringer must have sold, distributed or exposed for sale the infringing goods.
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10,261.
Neri v. Canada - 2021 FC 1443 - 2021-12-17
Federal Court Decisions[30] Directive 3 acknowledges delays in dealing with accommodation requests and extends the deadline for submitting all such requests to December 18, 2021. [...] 29.11 The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit
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10,262.
1648074 Ontario Inc. v. Akbar Brothers (pvt) Ltd. - 2019 FC 1305 - 2019-10-17
Federal Court Decisions[9] The appeal launched in this case deals with the distinctiveness of the Mark. [...] 11 The respondent contends that in these circumstances I should make a decision on its ground of opposition based on alleged confusion between its mark and that of the appellant, a ground with which the Opposition Board did not deal. [...] The Opponent's own website had a fairly modest number of hits from Canadians (3,733 hits between November 14, 2009 and November 13, 2010 and 2, 479 hits between November 14, 2010 and November 13, 2011) and at least some of those hits were likely after the material date.
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10,263.
Bacon St-Onge v. Conseil des Innus de Pessamit - 2017 FC 1179 - 2017-12-21
Federal Court DecisionsFinally, he argues that the challenge to the elections that he presented to the review committee [the Committee] was not dealt with according to the established procedure or to the appropriate principles of fairness. [...] He argues that the application for judicial review is in the public interest because it deals with the validity of the 2015 Code and the 2016 elections. [...] [93] The applicant argues that many of the allegations in the respondents’ affidavits are based on their opinions and deal with questions of law that should be decided by the Court, but he did not identify specific paragraphs and did not ask to have them struck.
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10,264.
Su v. Canada (Citizenship and Immigration) - 2016 FC 51 - 2016-01-18
Federal Court DecisionsThe Applicant also distinguishes between cases that deal with “locking in” of sponsorship applications, as opposed to the present case of how the law should be applied to a resubmitted application. [...] These requirements deal with: - the form, content and documents that should be provided;... [...] It also demonstrates the Governor-in-Council’s efforts to ensure fairness and efficiency in the processing of applications.
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10,265.
Hayabusa Fightwear Inc. v. Suzuki Motor Corporation - 2014 FC 784 - 2014-08-07
Federal Court Decisions[22] The Registrar decided not to deal with the grounds of non-registrability under paragraph 12(1)(d) of the Act and of lack of statement in ordinary commercial terms under paragraph 30(a) since the Respondent was already successful in its opposition under non-entitlement and distinctiveness. [...] The use of the Cited Mark in association with caps is fairly recent, and the number and value of these caps sold throughout Canada from January 2005 to March 2008 appears to be relatively small (approximately 400 caps for a total value of approximately $8,000). [...] When dealing with a registered trade-mark, one must consider the entire scope of rights granted under the registration, and its potential use must be considered as well as its actual use: Masterpiece Inc. v Alavida Lifestyles Inc., 2011 SCC 27 at para 59, [2011] 2 SCR 387.
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10,266.
Société anonyme des bains de mer et du cercle des étrangers à Monaco, société anonyme v. Monte Carlo Holdings Corp - 2012 FC 1528 - 2012-12-20
Federal Court DecisionsThe applicant is of the view that the present appeal deals only with this small sliver for which the Registrar refused them registration. [...] 6. (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 marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services [...] [45] The arguments based on the extent to which the trade-marks are known intersect with that which I have addressed above dealing with proper title and chain of title.
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10,267.
Scott Paper Limited v. Georgia-Pacific Consumer Products LP - 2010 FC 478 - 2010-04-30
Federal Court Decisions[11] In dealing with the non-distinctiveness ground, the hearing officer first set out the legal burdens. [...] ... ...It seems fair to accept that the appearance of the Opponent’s Mark on its wares may have resulted in an acquired reputation in Canada, even though the Opponent’s Mark may not be seen until the consumer opens the packaging after purchase. [...] [73] Because of my finding above, I need not deal with the issues of whether the applicant’s mark was distinctive.
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10,268.
Canada (Citizenship and Immigration) v. Li - 2009 FCA 85 - 2009-03-17
Federal Court of Appeal DecisionsIn its view, Member King considered the relevant issues, notably estimating the time required for future legal processes in dealing with questions of “long-term” detention, a question that is necessarily speculative. [...] Then it may count the length of time served and add to it the time needed to deal with the current pending proceedings. [...] While there are nine conditions of release, it is fair to say that electronic monitoring is the primary one, yet acknowledged by expert evidence to be insufficient to ensure the appearance of the respondents for removal.
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10,269.
ADP Canada Co. (Successor to Canadian Automatic Data Processing Services Ltd.) v. The Queen - 2008 TCC 236 - 2008-05-15
Tax Court of Canada JudgmentsI had a chance to deal with this question in Oerlikon Aérospatiale Inc. v. Canada, [1997] T.C.J. No 466 (QL), [1997] DTC 962. [...] Before the Federal Court of Appeal, Oerlikon argued that only the concept of “advance in the sense of a loan” is contemplated in paragraph 181.2(3)(c) of the Act. After reviewing decisions dealing with the application of similar provisions in the Quebec Taxation Act, the Federal Court of Appeal stated, at paragraph 26, that [...] Faire une avance à un employé. . . . Avance sur commande. Acompte, arrhes, provision 2 Crédit, prêt à court terme.
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10,270.
Vong v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1480 - 2006-12-15
Federal Court Decisionsa) the Affidavit of Ong, Phuong Luom, sworn April 5, 2006, found at pages 10-12, Record of the Applicant, which deals exclusively with evidence of H&C factors by the Applicant’s girlfriend that were neither sought nor brought before the Board; [...] The process is now closed for the presentation of new evidence, unless the Applicant can show that there was a breach of procedural fairness or the principles of natural justice. [...] [...] Considering the argument of counsel for the applicant that the Immigration Officer did not deal with the humanitarian nor with the compassionate grounds prior to making a determination which created an illegal situation that rendered the appeal process illegal in itself, I am in agreement with the Respondent that the
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10,271.
Sedona Networks Corporation v. The Queen - 2006 TCC 80 - 2006-03-02
Tax Court of Canada JudgmentsThe latter described his dealings with Mr. Khezri as follows at page 29 of the transcript of the examination for discovery: [...] So it is fair to conclude that, under the rule enunciated in the latter paragraph, no legal fiction of ownership is being created regarding the shares in respect of which option rights exist. [...] direct or indirect influence that, if exercised, would result in control in fact of the corporation, except that, where the corporation and the controller are dealing with each other at arm's length and the influence is derived from a franchise, licence, lease, distribution, supply or management agreement or other similar
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10,272.
Matusiak v. Canada (Attorney General) - 2005 FC 198 - 2005-02-09
Federal Court Decisions[11] The Applicant's Memorandum states that the Applicant's grievance continued to move through the system at a "snail's pace" and he was not accorded the requisite procedural fairness. [...] I would add that the actions of Major Burke in his dealing with the Applicant have a great deal to be desired.
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10,273.
SNC Lavalin Inc. v. Canada (Minister for International Co-Operation) - 2003 FCT 681 - 2003-05-30
Federal Court Decisions[24] Given that the purpose of the Act as clearly enunciated by Parliament is to facilitate access to government information, and that, in my view, the provision of independent review of proposed disclosure, is only a "fairness" adjunct to that purpose, and given the entire context of the Act, and the somewhat ambiguous [...] It made available to the Government information reflected in the records at issue in the course of its ordinary dealings with Government and presumably with full knowledge of the commitment of the Government of Canada to public access to information in its possession. [...] [23] It is submitted that from this passage emerges a proposition that, when dealing with section 20 of the Act, the other mandatory exemptions of the Act are to be ignored.
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10,274.
Hunter v. The Queen - 2002-11-27
Tax Court of Canada JudgmentsAs a result of that, the client has been put to considerable costs, and in these circumstances on the authorities that are reflected dealing with the costs issues, even in the most recent one of Finch, that it warrants an amount higher than the tariff, and it would justify an award of $25,000, in light of the fact that the [...] Counsel said that there was an application to extend the time for appeal in this case "and, in fairness, that can't be visited on Revenue". [...] ... the mere fact that a case is novel, unique, complex or difficult, or that it involves a great deal of money is not a reason for departing from the tariff, which, generally speaking, should be respected in the absence of exceptional circumstances. ...
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10,275.
Somerville v. MNR - 2001-01-25
Tax Court of Canada JudgmentsThe new working relationship had come about because business had been slow and Bourget had thought it was fair to Somerville to change the arrangement to one of sharing revenue produced by his labour on the jobs performed. [...] In a more recent case, one not dealing with the employee vs. contractor issue but an issue similar to that in the Montreal Locomotive and Regina Industries cases, the Supreme Court of Canada referred to these two cases as merely "very special" cases dealing with constitutional issues.