11,309 result(s)
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10,526.
Bonner v. Via Rail Canada - 2009 FC 857 - 2009-09-09
Federal Court Decisions[81] That said, this Court in Professional Institute of the Public Service, above, has already decided that an applicant assumes “a fairly heavy burden” in establishing that the federal institution’s designation of a bilingual position “lacks objectivity” (paragraph 53). [...] While VIA and complainants have different viewpoints on the extent to which the SM on a given train otherwise deal with passengers, we accept the Corporation’s position that the incumbent is expected to deal extensively with passengers in a public relations’ capacity. [...] [...] Federal government offices and Crown corporations across the country must be able to deal with people in either French or English.
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10,527.
Collins v. Via Rail Canada - 2009 FC 860 - 2009-09-09
Federal Court Decisions[83] That said, this Court in Professional Institute of the Public Service, above, has already decided that an applicant assumes “a fairly heavy burden” in establishing that the federal institution’s designation of a bilingual position “lacks objectivity” (paragraph 53). [...] While VIA and complainants have different viewpoints on the extent to which the SM on a given train otherwise deal with passengers, we accept the Corporation’s position that the incumbent is expected to deal extensively with passengers in a public relations’ capacity. [...] [...] Federal government offices and Crown corporations across the country must be able to deal with people in either French or English.
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10,528.
Norton v. Via Rail Canada - 2009 FC 704 - 2009-09-09
Federal Court Decisions[80] That said, this Court in Professional Institute of the Public Service, above, has already decided that an applicant assumes “a fairly heavy burden” in establishing that the federal institution’s designation of a bilingual position “lacks objectivity” (paragraph 53). [...] While VIA and complainants have different viewpoints on the extent to which the SM on a given train otherwise deal with passengers, we accept the Corporation’s position that the incumbent is expected to deal extensively with passengers in a public relations’ capacity. [...] [...] Federal government offices and Crown corporations across the country must be able to deal with people in either French or English.
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10,529.
Canada v. Canada (Council for refugees) - 2008 FCA 229 - 2008-06-27
Federal Court of Appeal Decisions[51] The first question certified by the Applications judge deals with the vires issue and seeks to identify the appropriate standard of review in respect of the GIC’s “decision” to designate the U.S. as a safe third country. [...] (i) soit un étranger qui cherche à rentrer au Canada parce que sa demande d’admission aux États-Unis a été refusée sans qu’il ait eu l’occasion d’y faire étudier sa demande d’asile, [...] · Zhen Li Iao v. Gonzales, 400 F.3d 530, 533-535 (7th Cir. 2005) dealing with challenges of establishing credibility (para. 20)
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10,530.
Laboratoires Servier, Adir, Oril Industries, Servier Canada Inc. v. Apotex Inc. - 2008 FC 825 - 2008-07-02
Federal Court DecisionsTo the extent that I must deal with individual criticisms as I address specific areas of the testimony, I will do so. [...] [388] The balance of s. 43 sets out the procedures to be followed in declaring and dealing with conflicts. [...] The scope of patent protection must not only be fair, it must be reasonably predictable . . .
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10,531.
Philip Morris Products S.A. v. Malboro Canada Limited - 2010 FC 1099 - 2010-11-08
Federal Court DecisionsUnlike with many other kinds of products, the cigarette package is something that the consumer deals with several times a day, so the consumer needs to feel comfortable with. [...] This is a document designed for ITL representatives to be used in their dealings with retailers, suggesting ITL products as possible substitutes for other manufacturers’ brands. [...] I think it is fair to say, and no evidence to the contrary has been filed, that both marks are inherently distinctive and well known.
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10,532.
Toronto Dominion Bank v. Canada (Human Rights Commission) - 1998-07-23
Federal Court of Appeal DecisionsIn light of my conclusion on the first issue I need not deal with the second. [...] At the same time, the policy is concerned with treating employees with a drug abuse problem in a fair manner and in ways which respects their right to privacy and dignity. [...] And if we were dealing with an illegal drug, then existing guidelines dealing with breach of the law would allow the employer to terminate the employee.
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10,533.
Wynter v. The Queen - 2016 TCC 103 - 2016-04-22
Tax Court of Canada JudgmentsShe did not have any further dealings with DSC as the offices had been closed at some point, probably in late 2010. [...] Counsel made further submissions concerning the current state of the law as it pertained to the concept of wilful blindness and I will deal with those later in these Reasons. [...] [77] It is difficult to feel a great deal of sympathy for the Appellants notwithstanding some presented as most sympathetic characters, simply duped by the bad guys.
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10,534.
Pfizer Canada Inc. v. Canada (Health) - 2010 FC 447 - 2010-04-26
Federal Court Decisions[43] The ‘132 Patent deals with an ophthalmic solution for treatment of glaucoma and ocular hypertension. [...] By contrast, the ‘113 patent deals with olanzapine alone. In these circumstances, patent law considers the ‘113 to be a “selection patent”. [...] He said Claims 19. 31, 37 and 38 are overbroad because there is no disclosure dealing with the prevalence of irritation or hyperemia.
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10,535.
Abbott Laboratories v. Canada (Health) - 2008 FC 1359 - 2008-12-11
Federal Court DecisionsThus, a Motions Judge will not be found to have erred in law if he or she decides to deal with the motion. [...] [24] In the present case we are dealing with crystalline forms of a pharmaceutical chemical, a molecule known as clarithromycin. [...] Does that mean that if there is something other possibility, even a fairly remote one, that some other result would follow, I should conclude the result is not inevitable?
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10,536.
Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation - 2024 FC 1198 - 2024-08-08
Federal Court DecisionsThe public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] It would not be fair to allow the patentee to extend the scope of a claim to more or something other than what is claimed. [...] [116] However, this evidence must also be considered alongside a fair reading of the patent and the full claim set.
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10,537.
Wanakome Inc. v. Martin - 2024 FC 688 - 2024-05-06
Federal Court DecisionsThereafter, the Act only deals with registered trade marks. Within the context of section 20 of the Federal Court Act, the declaration is a remedy “in equity” and in this case is with respect to a trade mark. [...] The Court of Appeal does not appear to have found it necessary to deal with this issue, however. [...] The Martins point to an exchange between Hadad and Eric Martin from March 21, 2018 where Eric Martin proposes a “50/50” arrangement to which Hadad acknowledges he did not take issue, “as long as [it was] fair”.
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10,538.
Landbouwbedrijf Backx B.V. v. The Queen - 2021 TCC 2 - 2021-03-08
Tax Court of Canada JudgmentsParagraph (b) of the subsection indicates that, with certain exceptions, a taxpayer is deemed to have disposed of all their property immediately before entering Canada for proceeds equal to fair market value. [...] Paragraph (c) calls for a deemed reacquisition of the property at the same fair market value figure. [...] [77] The FCA then reviewed Article 4(3) of the Convention and noted that the “deemed non-resident provision exception,” in that provision relates to, “Article 13 of the Convention, which deals specifically with capital gains.” [59]
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10,539.
Eli Lilly Canada Inc. v. Novopharm Limited - 2010 FCA 197 - 2010-07-21
Federal Court of Appeal DecisionsIt 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. [...] [...] but I am persuaded that the main one – that the '113 is not a valid selection patent – is supported by the preponderance of evidence and, therefore, I deal with the others briefly at the end of my reasons. [...] • the requirement is that the claims be fairly based on the patent disclosure (para. 59);
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10,540.
Saputo inc. v. Canada (Attorney General) - 2009 FC 1016 - 2009-10-07
Federal Court Decisions[56] With respect to the source of protein in cheese, as the RIAS points out, there is a great deal of variation in international standards. [...] [59] The long term growth of the dairy sector was one of the policy issues the Governor in Council had to deal with in enacting the new Regulations. [...] [80] On a fair reading of the regulatory scheme as a whole, as amended by the new Regulations, it cannot be said in the Court’s opinion that the essential or dominant purpose of the impugned provisions is to effect an economic transfer from dairy processors to dairy producers.
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10,541.
Heiltsuk Horizon Maritime Services Ltd. v. Atlantic Towing Limited - 2021 FCA 26 - 2021-02-10
Federal Court of Appeal Decisions[65] For reasons outlined further below, I agree with Heiltsuk Horizon that this is a matter of procedural fairness attracting correctness review. [...] (1) Fairness to competitors in the procurement system. A fair procurement system that applies one set of transparent rules to all bidders increases confidence in the system, and encourages increased participation in competitions. [...] In short, fairness gives taxpayers value for the taxes they pay. (2) Ensuring competition among bidders.
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10,542.
Scott v. The Queen - 2017 TCC 224 - 2017-11-09
Tax Court of Canada JudgmentsThe principles of fairness generally would require this procedure as these third parties may have rights or interests affected by the Minister’s decision to disclose....[56] [...] In determining the impact of that obiter dicta on these Appeals, it is important to note that Tsiaprailis dealt with paragraph 6(1)(f) of the ITA, whereas these Appeals deal with subsection 6(4) or subparagraph 56(1)(a)(iii) of the ITA, as the case may be. [...] 116. Q. So is it fair to say that had Mr. Scott’s spouse not been employed with Nortel, he would not have been entitled to the survivor income benefit?
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10,543.
Astrazeneca Canada Inc. v. Mylan Pharmaceuticals ULC - 2017 FC 142 - 2017-02-07
Federal Court Decisions[73] This is far from a clear case where any of the experts were unable or unwilling to provide fair, objective and non-partisan input; no evidence of same was furnished. [...] After all, motivation is an intrinsically difficult measure to take, and even more so when it comes to the notional POSITA. In short, a “general” versus “specific” motivation distinction, which consumed a great deal of energy in these proceedings, may be a false dichotomy. [...] The test is not whether the skilled person had good reason to pursue solutions that provide a “fair expectation of success”: Eli Lilly Canada Inc v Mylan Pharmaceuticals ULC, 2015 FCA 286 at para 4.
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10,544.
507582 B.C. LTD. v. The Queen - 2008 TCC 220 - 2008-05-20
Tax Court of Canada Judgments[72] As a result, the fair market value of the property transferred by the Company to Mrs. Krmpotic on December 1, 2000 (that is, the legal title to the property) had a fair market value of no greater than $1. [...] Subsection 104(1) provides that “a trust is deemed not to include an arrangement under which the trust can reasonably be considered to act as agent for all the beneficiaries under the trust with respect to all dealings with all of the trust’s property”. [...] What the Company really did was to transfer property with a fair market value of $442,000 to Mrs. Krmpotic.
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10,545.
Glatt v. Canada (National Revenue) - 2019 FC 738 - 2019-05-24
Federal Court Decisions[34] Going back to the first principles, procedural fairness may require that reasons be given, recognizing the day-to-day realities of administrative agencies (Baker at para 43). [...] [91] Either way, when dealing with the return an overpayment of $1M, which is neither an insignificant amount, nor an insignificant step in a protracted dispute regarding an unusually large penalty, one would expect the CRA to have placed particular attention on what should have amounted to the final chapter. [...] For instance, the Minister argues that the Act must be interpreted strictly, being a complete code, and a judge’s evaluation of fairness in that interpretation – or “what is best for Canadians” – are not relevant (Cheema at para 80).
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10,546.
Newmont Canada Corporation v. The Queen - 2011 TCC 148 - 2011-03-08
Tax Court of Canada Judgments. . . In the absence of a provision like 80.2, it would have been fairly easy for oil and gas producers to plan their way around crown charges not being deductible by reimbursing other taxpayers for such amounts. [...] The memo also states that the financing facilitated a deal on another property controlled by the same Vancouver group that controlled Windarra. [...] [153] The Windarra Loan was part of a package deal. The other components were the acquisition of the Windarra shares and the 25% interest in the Eastern Property.
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10,547.
Canada (Citizenship and Immigration) v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 33 - 2009-01-15
Federal Court DecisionsJustice Dawson is also dealing with a review of the terms and conditions of Mr. Jaballah’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 August 30, 2007 photographs of the family’s move.
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10,548.
Tacan v. Canada - 2005 FC 385 - 2005-03-17
Federal Court Decisions[44] During his dealings with Mr. Young, Mr. Tacan had several difficulties. [...] [54] During his dealings with Mr. Young, there was no Chief or council with power. [...] Witnesses are no longer available, historical documents are lost and difficult to contextualize, and expectations of fair practices change;
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10,549.
Canada (National Revenue) v. Dominelli - 2022 FC 1418 - 2022-10-18
Federal Court DecisionsThe CRA's latest request for information (July 24, 2019) deals with the 2016 taxation year and here again, answers were provided to questions dealing with the 2016 taxation year in prior responses by and on behalf of Mr. Dominelli. [...] Here, we are dealing with a different provision, but one that nonetheless requires “reasonableness”. [...] The proper administration of justice and ensuring fairness are central to the doctrine [...]
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10,550.
SLFI Group - Invesco Canada Ltd. v. The Queen - 2017 TCC 78 - 2017-05-25
Tax Court of Canada Judgmentsa) provide, or arrange for the provision of, portfolio advisory and investment management services with respect to the investment portfolio of each Class and make decisions as to the purchase and sale of portfolio securities, other dealings with the assets in the portfolio and execution of all portfolio transactions, [...] (iv) monitoring another person’s payment record or dealing with payments made, or to be made, by the other person, [...] ... money includes any currency, cheque, promissory note, letter of credit, draft, traveller’s cheque, bill of exchange, postal note, money order, postal remittance and other similar instrument, whether Canadian or foreign, but does not include currency the fair market value of which exceeds its stated value as legal tender