11,309 result(s)
-
10,601.
Pictou v. Canada - 2003 FCA 9 - 2003-01-14
Federal Court of Appeal Decisionswe give in Exchange, and in order to draw the greatest advantage from this Article, which is the friendship of these Indians, all private trade is excluded, and none to be carried on, but in Truckhouses established by the Government; where they will be dealt with on fair terms, according to the prices establish'd... [...] He was also of the view that no evidence had been led that would bring the Mi'kmaq within the protection of the trade clause in the 1760-61 treaties for the reason that the retail outlets run by the appellants "do not deal in the product of the traditional Mi'kmaq way of life" and that there could be no analogy between the [...] He found too that the Mi'kmaq interest at the time was of "forging a trading relationship in which they would receive a fair price for their furs" and other goods that they brought to trade.
-
10,602.
Rolls Royce v. Fitzwilliam - 2002 FCT 598 - 2002-05-24
Federal Court Decisionsto commence action against all of the executive and non-executive directors of the plaintiff Rolls-Royce plc and other parties, under the United States Racketeer Influenced and Corrupt Organizations Act, supra for alleged breach of fiduciary duty, breach of confidence and trust, theft, misrepresentation and self-dealing; [...] 120. Une personne morale, une société de personnes ou une association sans personnalité morale se fait représenter par un avocat dans toute instance, à moins que la Cour, à cause de circonstances particulières, ne l'autorise à se faire représenter par un de ses dirigeants, associés ou membres, selon le cas. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent;
-
10,603.
Heffco Ltd. v. Dreco Energy Services Ltd. - 1997-04-09
Federal Court DecisionsWe must look at the whole of the disclosure and claims to ascertain the nature of the invention and methods of its performance...being neither benevolent nor harsh, but rather seeking a construction which is reasonable and fair to both patentee and public. [...] The following passage from the Supplemental Brief of Argument, which I find fairly states the evidence, provides a precis of Griffith's grounds for attacking Heffco's evidence on this issue: [...] To deal with this situation, a typical bottom hole assembly is comprised of the following (from the bottom up): drill bit, drill bit sub, IBS [integral blade stabilizer] or reamer, drill collar, IBS or reamer, shock tool, drill collars, and drill pipe.
-
10,604.
AbbVie Corporation v. Jamp Pharma Corporation - 2023 FC 1520 - 2023-12-04
Federal Court DecisionsThese specific concerns will be addressed when dealing with their evidence. [...] I think we should deal with the merits” (December 14 Trial Transcript at 2510). [...] (3) La seconde personne peut faire une demande reconventionnelle afin d’obtenir une déclaration:
-
10,605.
FU2 Productions Ltd. v. The King - 2022 TCC 148 - 2023-04-03
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] (a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] [54] As illustrated by the preceding paragraph, sections 21, 22 and 35 of the Constitution Act, 1867 deal with separate matters.
-
10,606.
Al Yamani v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 1276 - 2022-09-09
Federal Court Decisions[55] The brief does not deal at any length with Mr. Al Yamani’s statement that he is a changed man, a man of peace, as also claimed by numerous supporters who have provided often long written testimonies. [...] In fairness to the decision and the Minister, the decision did not have at the time the benefit of Vavilov which is now the controlling authority on the requirement of reasons in administrative law cases. [...] They help to show affected parties that their arguments have been considered and demonstrate that the decision was made in a fair and lawful manner.
-
10,607.
Gervais v. The Queen - 2016 TCC 180 - 2016-09-12
Tax Court of Canada Judgments[49] On conversion, each of the class E and B shares had a fair market value of $1 per share. [...] 35 A large part of my analysis will deal with a review of the holdings in McClurg. [...] [5] The fair market value of each share did not change between September 26, 2002, and October 6, 2002.
-
10,608.
Takeda Canada Inc. v. Canada (Health) - 2013 FCA 13 - 2013-01-18
Federal Court of Appeal Decisions(a) the information is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons that normally deal with the kind of information in question; [...] 2. Une Partie pourra exiger que, pour faire l'objet d'une protection, un secret commercial soit établi par des documents, des médias électroniques ou magnétiques, des disques optiques, des microfilms, des films ou autres supports analogues. [...] [134] First, I see no error in the Federal Court’s conclusion that the process afforded to Takeda was fair “as it provided an opportunity to present written submissions and reasons were given” (Federal Court Reasons at paragraph 44).
-
10,609.
Ewert v. Canada (Attorney General) - 2007 FC 13 - 2007-01-12
Federal Court Decisions(g) that correctional decisions be made in a forthright and fair manner, with access by the offender to an effective grievance procedure; [...] [29] Although it is not coached in these terms, the Applicant raises a procedural fairness matter with respect to the delay in obtaining a decision. [...] It is an established practice in Canadian law that, if a judge can decide a case without dealing with a constitutional issue, he or she should do so: R.J. Sharpe, K.E. Swinton and K. Roach, The Charter of Rights and Freedoms, 2nd ed.
-
10,610.
Canada (Attorney General) v. St Hilaire - 2001 FCA 63 - 2001-03-19
Federal Court of Appeal DecisionsL'héritier n'est pas indigne de succéder et ne peut être déclaré tel si le défunt, connaissant la cause d'indignité, l'a néanmoins avantagé ou n'a pas modifié la libéralité, alors qu'il aurait pu le faire. [...] L'héritier n'est pas indigne de succéder et ne peut être déclaré tel si le défunt, connaissant la cause d'indignité, l'a néanmoins avantagé ou n'a pas modifié la libéralité, alors qu'il aurait pu le faire. [...] L'objet de l'obligation est la prestation à laquelle le débiteur est tenu envers le créancier et qui consiste à faire ou à ne pas faire quelque chose.
-
10,611.
Makivik Corporation v. Canada (Environment and Climate Change) - 2019 FC 1297 - 2019-10-30
Federal Court DecisionsMakivik is also involved politically, culturally, and economically in various projects dealing with modern aboriginal treaties, governments, and other Inuit. [...] [80] Before dealing with the issues as identified by Makivik, I must address the appropriate standard of review. [...] NTI also argues that the ratio of polar bears between the Nunavut Inuit and Nunavik Inuit is fair because the SHB has a higher population of Nunavik Inuit than Nunavut Inuit.
-
10,612.
Mahjoub v. Canada (Citizenship and Immigration) - 2007 FC 171 - 2007-02-15
Federal Court DecisionsShe is prepared to offer a $1000 conditional bond in support of his release because she believes that releasing him to his home and family would be just and fair. [...] As such, strip searches are not commonly conducted at the KIHC. In addition, specific protocols for dealing with individuals subject to security certificates (ISSC) have been developed. [...] He freely acknowledged that with his college and other obligations he would not be able to devote a great deal of time to this task.
-
10,613.
Easter v. Alexander - 2024 FC 567 - 2024-04-10
Federal Court DecisionsI deal first, however, with the preliminary matter of the Plaintiff’s Supplementary Motion Record containing further affidavit evidence that was submitted after the filing of the Defendant’s Motion Record. [...] The FCR pertaining to motions do not contemplate reply evidence, although I observe that it may be permitted in unusual circumstances involving a question of procedural fairness and where it is necessary to make a proper determination: Black & White Merchandising Co Ltd v Deltrans International Shipping Corporation,
-
10,614.
Canada (Attorney General) v. Hutton - 2023 FCA 45 - 2023-02-15
Federal Court of Appeal DecisionsThis regime is entirely different than the one set out in section 38 of the Act, which was designed to deal specifically with the protection and disclosure of information that is potentially injurious to national security, national defence and international relations and which sets out, to that end, its own - and unique - [...] [54] With respect to the judicial review proceeding in particular, the application judge noted the Amicus’ position that the public interest required disclosure of the answers to the following questions, in order “to permit the fair and just resolution [of that proceeding]”:
-
10,615.
Dr. Reddy’s Laboratories Ltd. v. Janssen Inc. - 2022 FC 1672 - 2022-12-05
Federal Court Decisions[14] The within motion deals only with the first stage. As such, the only issue for the Court to decide is whether it is appropriate for the proposed question to be addressed by way of a motion before trial. [...] 187. Given that, it seems to me that Riva and Teva would have behaved in the hypothetical world just as they did in the real world, which was to seek summary dismissal as soon as they considered they had a fair chance of success.
-
10,616.
Vujicic v. Canada (Citizenship and Immigration) - 2022 FC 1590 - 2022-11-21
Federal Court DecisionsThose interests must be well identified and defined, and examined with a great deal of attention in light of all the evidence: see Kanthasamy, at paras 35 and 38-40; Hawthorne v Canada (Minister of Citizenship and Immigration), 2002 FCA 475, [2003] 2 FC 555, at paras 5 and 10; Legault v Canada (Minister of Citizenship and [...] In this case, the evidence presented in support of the children’s best interests is itself fairly thin.
-
10,617.
Su v. Canada (Citizenship and Immigration) - 2022 FC 731 - 2022-05-17
Federal Court DecisionsIndeed the main point of her appeal to the RAD was to distance herself from those portions of her own BOC dealing with family planning issues in China before she left for the US. However, what the Applicant could not overcome was the manner in which she had chosen to intertwine the Falun Gong and family planning claims. [...] The Applicant submits the RAD’s finding on this point constituted a breach of procedural fairness.
-
10,618.
Natesan v. Canada (Citizenship and Immigration) - 2022 FC 540 - 2022-04-13
Federal Court Decisions[32] I interpret the above quoted reasons to suggest that the Officer accepted Dr. Devins’ diagnosis that Ms. Natesan has “major depressive disorder of moderate severity”, but the Officer did not accept other findings in the report dealing with country conditions. [...] In fairness to my colleagues, I note that Kanthasamy was rendered after their decisions.
-
10,619.
Le v. Canada (Citizenship and Immigration) - 2022 FC 427 - 2022-03-29
Federal Court DecisionsThis means that decision makers must do more than simply state that the interests of a child have been taken into account, those interests must be well identified and defined, and examined with a great deal of attention in light of all the evidence (Kanthasamy at paras 23–25, 35, 38 and 41). [...] [17] Read fairly, I do not take the officer to be ignoring the hardship the Arsus may face in Turkey on the basis that others face greater hardship, or requiring them to be “more likely” to face hardship than others.
-
10,620.
Fiducie Immobilière JP v. The King - 2022 TCC 7 - 2022-02-09
Tax Court of Canada Judgmentsto receive an amount, unless the debt or right, as the case may be, was acquired by the taxpayer for the purpose of gaining or producing income from a business or property (other than exempt income) or as consideration for the disposition of capital property to a person with whom the taxpayer was dealing at arm's length, [...] In all fairness to Mr. Pichette, I would reiterate his testimony that he is an engineer who is interested in the technical side of his businesses rather than the accounting side.
-
10,621.
Singh v. Canada (Citizenship and Immigration) - 2022 FC 79 - 2022-01-25
Federal Court DecisionsMr. Singh alleged that it is possible for a high-ranking law enforcement officer to help citizens dealing with police persecution, considering that corruption is pervasive in Indian police forces. [...] The reviewing court must show restraint and only intervene “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).
-
10,622.
Sherman v. Pfizer Canada Inc. - 2021 FC 554 - 2021-06-07
Federal Court Decisions[11] The Prothonotary then set out Rule 249(1) and explained that Apotex Inc v Eli Lilly Canada Inc, 2013 FCA 45 [Eli Lilly] established that Rule 249 should be interpreted to facilitate fair and expeditious determination of the issues and balance the competing interests between the party making the request and the party in [...] As always, facts do matter and they are particularly important when dealing with motions such as those under Rule 249 which require the Court to balance any number of factors relevant to the three main interests at play: those of the party requesting the inspection or samples, those of the party in possession of the
-
10,623.
Ade-Ogunade v. Canada (Citizenship and Immigration) - 2021 FC 195 - 2021-03-03
Federal Court DecisionsIf the decision on admissibility of evidence by the RAD was made in error, was the duty of fairness owed to the applicants breached? [...] of the RAD’s refusal to admit new evidence; (b) the reasonableness of the RAD’s finding they could live safely in the IFA; and (c) the reasonableness of the RAD’s finding it was reasonable for them to relocate to the IFA. In my respectful view, the Respondent has identified the main issues, which I will deal with shortly.
-
10,624.
Berger v. Canada (Attorney General) - 2019 FC 780 - 2019-06-04
Federal Court Decisions[29] The test for a reasonable apprehension of bias is whether an informed person, viewing the matter realistically and practically – and having thought the matter through – would think that it is more likely than not that the decision-maker, whether consciously or unconsciously, would not decide fairly: Yukon Francophone [...] Ms. Berger noted that the member was a retired lawyer, and as such, he may have had past dealings with the CIBC, a bank with whom she had been engaged in litigation.
-
10,625.
Canadian National Railway Company v. BNSF Railway Company - 2019 FC 281 - 2019-03-07
Federal Court Decisionsprocess, the parties discussed and agreed on terms for a protective order that would define two levels of confidential documents and information, “Confidential Information” and “Confidential Information – Counsel’s Eyes Only,” and that would prescribe how a party receiving such documents and information may deal therewith. [...] (b) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings.