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Amoroso v. Canada (Attorney General) - 2013 FC 157 - 2013-02-14

It made a fair and generous offer to settle and even extended the time for acceptance.   [...]  (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length,   [...]  (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

Turner v. Telus Communications Inc. - 2005 FC 1601 - 2005-11-29

In the circumstances of this complaint, therefore, a voice print that is used solely for one-to-one authentication purposes seems to be fairly benign.   [...]  Information shall be collected by fair and lawful means. 4.4.1 Organizations shall not collect personal information indiscriminately.   [...]  Les organisations doivent faire un effort raisonnable pour s'assurer que la personne est informée des fins auxquelles les renseignements seront utilisés.

Canada v. Deans Knight Income Corporation - 2021 FCA 160 - 2021-08-04

However, the actual control test is different than the statutory de facto control test in subsection 256(5.1) of the Act. Moreover, it must be remembered that the GAAR is intended to supplement the provisions of the Act in order to deal with abusive tax avoidance.   [...]  [99] The Investment Agreement deals separately with control in general, and control over the approval of the Corporate Opportunity.   [...]  It deals with situations involving transfers of shares between related persons and reorganizations within a group of related corporations, as well as amalgamations and reverse takeovers.

Offshore Interiors Inc. v. Sargeant - 2015 FCA 46 - 2015-02-16

[4] The relevant facts of this case are fairly straightforward and undisputed.   [...]  [80] Offshore further observes that the Judge omitted wording from and mis-cited a portion of section 13.5, which deals with termination of the VCA on account of a breach of its terms by Sargeant.   [...]  Further, I am satisfied that Offshore’s reliance on Commonwealth Construction is misplaced since that case deals with an insurer’s right to subrogate against a co-assured under the policy.

Simon v. The Queen - 2001-08-09

[23] In his testimony, Mr. Simon explained that a transfer of a business was subject to fairly strict conditions under the new Civil Code of Québec and that the negotiations between Aviron and RTI lasted from March to June 1994.   [...]  "Did you have any dealings with Mr. Chehab?" "I never dealt with him."   [...]  And Mr. Lafond told us that he never had any dealings with Mr. Chehab except at that meeting.

Johnson v. M.N.R. - 2018 TCC 201 - 2018-10-22

To find where the right resides one must look first to the express terms of the contract, and if they deal fully with the matter one may look no further.   [...]  The judge’s role is to discover the true facts and apply the relevant law in order to resolve the issue in a fair and impartial way for all the parties.   [...]  In addition to the sales representatives dealing with clients, there is the assignment manager and the human resources manager, who deal with BDI’s staff of some 600 butlers.

Ploughman v. The Queen - 2017 TCC 64 - 2017-04-25

Then you throw in the fact that we are dealing with a Caribbean country and the speed gets slower still....   [...]  A. Yes, that’s fair. Q. ... And you have no explanation why you would mislead your clients that way or the donors of this charitable campaign that way?   [...]  Then you throw in the fact that we are dealing with a Caribbean country and the speed gets slower still.

Corocord Raumnetz GMBH v. Dynamo Industries Inc. - 2016 FC 1369 - 2016-12-14

[23] Mr. David Wagner is a landscape architect with over 36 years of experience and whose work encompasses over 150 projects dealing with recreational parks and playground designs.   [...]  a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent;   [...]  c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;

Pfizer Canada Inc. v. Ratiopharm Inc. - 2010 FC 612 - 2010-06-08

The facts in Servier, supra, similarly to the facts in Merck, supra, deal with an infringement action for an ACE-inhibitor drug used to treat hypertensive patients where the contention was that a class of compounds constituted a single invention.   [...]  The ‘324 Patent deals with all forms of pulmonary hypertension. Step Four: Viewed without any knowledge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require any degree of invention?   [...]  [171] The Court concludes that it was self-evident or plain that there was a fair expectation of success that sildenafil would treat pulmonary hypertension based on the prior art, specifically the case studies in Atz et al. and the sheep model in Weimann et al.

The Commissioner of competition v. Pearson Canada Inc. - 2014 FC 376 - 2014-04-23

It would then remain open to the respondent to bring a motion to deal with issues that subsequently arise, in the usual manner.   [...]  Part VIII deals with civilly reviewable trade practices, such as refusals to supply, price maintenance, exclusive dealing, tied selling, market restriction, abuse of dominant position and mergers.   [...]  c) de faire de la publicité trompeuse; d) de ne pas assurer la qualité de service à laquelle leurs acheteurs pouvaient raisonnablement s’attendre.

Quinn v. Canada (Attorney General) - 2021 FC 342 - 2021-04-20

The historical record of how the Papaschase Band ceased to exist, and which gives rise to the Plaintiffs’ claims against the Crown in this matter, is fairly well established and is not disputed for the purposes of this motion.   [...]  The Statement of Claim sought injunctions preventing those individuals from acting on behalf of the descendants of the Papaschase Band and from dealing with any business or monies received on behalf of the descendants.   [...]  [32] Dealing, finally, with the question of standing to pursue the derivative claim for an accounting of any proceeds of the sale of IR 136 still in possession of the Crown, Justice Slatter stated that only a plaintiff “who is a descendant of the Papaschase Band, other than through a former member who took scrip” might be

Jefferson v. The Queen - 2019 TCC 91 - 2019-05-24

Subsection 160(1) allows the Minister of National Revenue (the “Minister”) to recover a tax debt from a person who has received a transfer of property from a non-arm’s length tax debtor for less than fair market value consideration.   [...]  The Appellant said he also had many informal meetings with clients and potential clients and that those meetings, as well as the trustee meetings, involved a great deal of travel, meals out and entertainment.   [...]  For this reason, and because the Appellant did not deal at arm’s length with Global, I do not accept that it can be inferred from the fact that Global reimbursed these amounts to the Appellant that they were related to Global’s business.

Joly v. Gadwa - 2019 FC 175 - 2019-02-12

[2] This contempt hearing was bifurcated to deal separately with the issues of contempt and sentencing, as in the circumstances was appropriate given the contempt decision would be reserved and the Federal Court of Appeal’s decision in Winnicki v Canada (Human Rights Commission), 2007 FCA 52, per Sexton JA.   [...]  [4] These reasons deal with the appropriate sentence. [5] That said, as a preliminary issue, the Respondents also challenged the Applicants’ standing to address the issue of appropriate sentence based on the fact that this First Nation’s elections in September, 2018, resulted in the Applicant Brenda Joly [Joly], who was   [...]  Therefore the Court found it would be fair and reasonable to impose a fine at the upper end of the range, setting the fine at $4,000.