11,309 result(s)
-
10,676.
Proctor & Gamble Inc. v. John Doe - 2000-01-06
Federal Court DecisionsRather, he relied on the dealings between Scotti and Usher. The relationship between Usher and Mario Ruffo (the supplier of the counterfeit products) is supported by documents obtained as a result of the Anton Piller Order. [...] However, fairness to those whose property is seized under the authority of an order of this Court requires that their interests also receive consideration, at least to the extent of demonstrating objective need for the court"s intervention.
-
10,677.
Radil Bros. Fishing Co. v. Canada (Department of Fisheries and Oceans, Pacific Region) - 1999-07-12
Federal Court DecisionsFishing licences have substantial market values, far beyond the fairly token yearly licence fee. [...] The portion of the reasons dealing with this aspect is instructive: A motion for summary judgment is not intended, and should not be treated, as a substitute for a trial.
-
10,678.
Canada v. Mercier - 1996-11-15
Federal Court DecisionsBarring the odd exception, it is the factor which applies, and is applied, most commonly, conveniently and fairly to the proper determination of the family unit for benefit-allocation purposes. [...] In my view, in light of the current economic situation in which the government must reduce its expenditures and increase its revenues to deal with the deficit, there is no doubt that the government was justified in making the choice it made.
-
10,679.
Bristol-Myers Squibb Canada v. Apotex Inc. - 2017 FC 296 - 2017-03-21
Federal Court Decisions[73] A fair construction of the ‘932 Patent, according to the Applicants, would preclude an overarching promise of therapeutic utility that touches claim 27. [...] Therefore, I do not find it necessary to deal with the Respondent’s sufficiency allegations in detail. [...] It would be surprising, to say the least, if Binnie J. purported to deal with a novel question by implication ...
-
10,680.
Reddy Cheminor Inc. v. Canada (Attorney General) - 2003 FCT 542 - 2003-05-14
Federal Court DecisionsIt contains sections dealing with the filing of information and material, the screening of information and material, the evaluation of submissions, re-filed submissions, the appeal process and drug evaluation fees. [...] I do not propose to deal further with this question since, in my view, the application can be determined on the basis of the arguments advanced in relation to the issues delineated above. [...] p) autoriser que soit faite auprès du grand public de la publicité relative à des moyens anticonceptionnels et des drogues fabriquées ou vendues pour servir à prévenir la conception, ou présentées comme telles, et déterminer les circonstances et les conditions dans lesquelles ces moyens et ces drogues peuvent faire l'objet
-
10,681.
Canadian Hardwood Plywood and Veneer Association v. Canada (Attorney General) - 2023 FCA 74 - 2023-04-05
Federal Court of Appeal Decisions“[T]he ultimate question remains whether the applicant knew the case to meet and had a full and fair chance to respond” (CPR I at para. 56). [...] [68] It is understood that the applicants are owed a duty of fairness both before the CBSA (as an administrative decision maker) and before this Court. [...] I will deal with each argument in turn. (1) Limiting “government support programs” to “countervailable subsidies”
-
10,682.
Mowi Canada West Inc. v. Canada (Fisheries, Oceans and Coast Guard) - 2021 FC 700 - 2021-07-02
Federal Court DecisionsThe 1.5 million fish will have been culled and the Minister will have achieved the objective of her decision while having dodged procedural fairness, reasonableness and the reviewing powers of this Court. [...] 3. A declaration that the Constraining Decision was made in a manner contrary to the principles of natural justice and procedural fairness. [...] [124] And, when discussing the balance of convenience aspect of the tripartite test, Justice Pamel noted that Canada had argued that a stay of the component of the Minister’s Decision dealing with transfer licences would harm reconciliation efforts with First Nations.
-
10,683.
Nova Chemicals Corporation v. Dow Chemical Company - 2020 FCA 141 - 2020-09-15
Federal Court of Appeal DecisionsIt invites some to think that the court’s task is to divide the profits into recoverable and irrecoverable amounts on the basis of fairness. [...] Dow says that NOVA cast its apportionment arguments differently in the Federal Court and that it is asking this Court to deal with new legal arguments without the Federal Court’s views on them. [...] Counsel: Well, it should be given a fair market value, correct. That’s the point we’re talking about, apportionment on that basis.
-
10,684.
Rovi Guides, Inc. v. Telus Corporation - 2024 FCA 126 - 2024-08-06
Federal Court of Appeal DecisionsThe companion appeal deals with claims in one of the same Patents in issue on this appeal, the 870 Patent, and with a different patent (Canadian Patent No. 2,730,344). [...] According to the Court, the respondents behaved responsibly in their dealings with Rovi and their conduct was beyond reproach: Federal Court Decision at para. 635. [...] On a fair reading of paragraph 400, the Federal Court was simply introducing the concept of the “Restart” function and spoke about the 585 Patent generally, much like Mr. Wahlers did in his testimony.
-
10,685.
Hôpital Santa-Cabrini v.. The Queen - 2015 TCC 264 - 2015-10-28
Tax Court of Canada JudgmentsGenerally speaking, the expressions “loan of personnel” and [Translation] “lease of personnel” provide a fairly good description of the economic reality. [...] [72] Counsel for the Hôpital cited several decisions dealing with this issue, including the decision it described as a leading case, O.A. Brown Ltd. v. Canada, [1995] T.C.J. No. 678 (QL.), [1995] G.S.T.C. 40, also cited by the Federal Court of Appeal in Hidden Valley Golf Resort Assn. v. Canada, [2000] F.C.J. No. 869 (QL), [...] [19] Counsel’s analysis was conducted in the context of a historical analysis of the provisions of the Act, notably those in force prior to the amendments of 2008 to section 5 of Part II of Schedule V, which deals with the supply of health care services rendered by a physician.
-
10,686.
Robertson v. Beauvais - 2014 FC 208 - 2014-03-04
Federal Court Decisions(4) Elle a compétence concurrente, en première instance, dans les procédures visant à régler les différends mettant en cause la Couronne à propos d’une obligation réelle ou éventuelle pouvant faire l’objet de demandes contradictoires. [...] [84] In dealing with this issue, Justice Wilson stated as follows at para 21 of Roberts: [...] [94] Thus, while the foregoing cases support the conclusion that I do possess jurisdiction to award the damages claimed, they deal with the issue only tangentially.
-
10,687.
1772887 Ontario Limited v. M.N.R. - 2011 TCC 204 - 2011-04-07
Tax Court of Canada Judgments[98] The Appellant also discusses a line of cases dealing with the question of what constitutes “carrying on a business”. [...] I will deal with such arguments under traditional headings. Pi Media’s control over the Workers [...] As to the labour component, it might be by the hour or just be based on a fair price for the work.
-
10,688.
Ali v. The Queen - 2006 TCC 287 - 2006-05-18
Tax Court of Canada Judgments[70] Counsel for the appellants decided not to pursue either argument during oral argument and consequently I do not propose to deal with them in these reasons. [...] [74] I would note, however, that this Court often deals with circumstances where the tax results in individual cases are harsh - this ground alone is not sufficient to invalidate the legislation. [...] [122] First, the pharmacist-recording requirement limits the scope of the provision to fairly well-defined parameters to what are commonly referred to as prescription drugs and other substances that can only be obtained through a pharmacist.
-
10,689.
Stone v. Canada (Attorney General) - 2006 FCA 27 - 2006-01-24
Federal Court of Appeal Decisions118. La décision du juge-arbitre sur un appel est définitive et sans appel; elle peut cependant faire l'objet d'une demande de contrôle judiciaire aux termes de la Loi sur les Cours fédérales. [...] [44] In considering the light that these factors shed on particular paragraph 33(2)(a) cases, it may be beneficial to examine two lines of jurisprudence, both of which deal with wrongful dismissal claims. [...] Subsection 33(2) constitutes a discrete regime within the overall employment insurance scheme to deal with the difficult problem raised by the particular position of teachers.
-
10,690.
Roy v. R. - 2002 FCT 233 - 2002-03-01
Federal Court Decisions[49] Since the plaintiffs have a direct interest in this case, I do not need to deal with the arguments that were made with respect to public interest standing. [...] In other words, we are dealing here with a targeted ameliorative program which is alleged to be underinclusive, rather than a more comprehensive ameliorative program alleged to be underinclusive. [...] The defendant argued that the apportionment formula is pressing and substantial because there has to be a means of dividing up the benefit in a way that it does not affect other plan members by giving too much money out, and which is fair to the two individuals.
-
10,691.
Alcon Canada Inc. v. Cobalt Pharmaceuticals Company - 2014 FC 462 - 2014-05-14
Federal Court Decisions[23] With respect to the validity of the 114 Patent, there are four matters to be addressed in dealing with the patent’s validity: [...] [37] Given that this case deals with obviousness and utility, the Skilled Person (even if an amalgam of talents) is a person who would work the patent in a real sense. [...] It is not necessary to deal with the issue of anticipation. [184] In regard to 211 Patent, the Applicant’s application for a prohibition order is dismissed with costs.
-
10,692.
Construction and Specialized Workers' Union, Local 1611 v. Canada (Citizenship and Immigration) - 2013 FC 512 - 2013-05-21
Federal Court DecisionsAs the decision of the Court will deal only with the grounds of review invoked by the applicant, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the applicant. [...] As noted earlier, I will deal with the various issues raised by the Applicants within the context of these six factors, to the extent that this can be done in an orderly way. [...] In other words, that somebody in subsequent dealings with the company may review that and bring those back up.
-
10,693.
Gilead Sciences, Inc. v. Idenix Pharmaceuticals Inc. - 2015 FC 1156 - 2015-11-02
Federal Court DecisionsIt obviously does not deal with other issues such as toxicity problems associated with fluorine. [...] I will deal with all of these contentions below. (1) Dr Griffon’s Attempts to Synthesize the 2’-C-Me/F Compound [...] The compound AMRI made was fairly pure. Dr Damha believes it to be more than 90% pure.
-
10,694.
Rovi Guides, Inc. v. Bell Canada - 2022 FC 1388 - 2022-10-24
Federal Court DecisionsQ. And the invention was the creation of the provisional application, is that fair? [...] [447] There was a great deal of development in the area of TV distribution. [...] Q. You had less than a month to go before the five years expired, is that fair?
-
10,695.
Allergan Inc. v. Juno Pharmaceuticals Corp. - 2023 FC 1686 - 2023-12-18
Federal Court DecisionsIndeed, the evidence indicates that most ophthalmologists spend a great deal of their professional lives helping patients with these conditions. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] In the ordinary course of things, a ruling by the Federal Court of Appeal dealing with the same claims in the same patent would be binding on me.
-
10,696.
Wasylynuk v. Canada (Royal Mounted Police) - 2020 FC 962 - 2020-10-14
Federal Court Decisions[3] The Commissioner of the RCMP has quashed the applicant’s medical discharge because he was not afforded procedural fairness. [...] The Commissioner concluded that Cpl. Wasylynuk’s right to procedural fairness had been breached. [...] It is convenient to deal with the mandamus point now, and address prematurity issues later.
-
10,697.
Mungwarere v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 708 - 2017-07-21
Federal Court DecisionsSecond, the member rejected the Minister’s recommendation that the ID apply paragraph 15b) of the IRPR to deal with this case, so that it will be for the “[Translation] Minister to prove that Mr. Mungwarere, as marked on his report [under section] 44 [of the IRPA] that was referred to us [...] committed under paragraph [...] In fact, the decision-maker must be satisfied that the damage that would have been done to the public interest in the fairness of the administrative process should the proceedings continue would exceed the harm to the public interest in the enforcement of the legislation if the proceedings were halted (Blencoe v. British [...] For example, in its written submissions to the ID, the Minister suggested that the applicant was probably part of a group of attackers by referring to paragraphs 1238 et seq. of the judgment of acquittal that deal with the testimony of Gérard Bandora, who said that he saw the applicant participate in the Bisesero attacks.
-
10,698.
Canada v. Bombardier Inc. - 2012 FCA 46 - 2012-02-08
Federal Court of Appeal Decisions[7] Before dealing with the issues and the parties’ submissions, a brief summary of the facts is in order to better illustrate the problem. [...] [16] The relevant legislative provisions are paragraphs 12(1)(a) and 20(1)(m) and sections 181 to 181.2(6) of the Act, which deal with elements to be included in the income and taxable capital of a large corporation under Part 1.3. [...] d’une banque ou d’une compagnie d’assurance tenue par la loi de faire rapport au surintendant, ou par le surintendant des assurances ou un autre agent ou autorité semblable de la province où elle est constituée, s’il s’agit d’une compagnie d’assurance tenue par la loi de faire rapport à cet agent ou à cette autorité.
-
10,699.
Canada (Citizenship and Immigration) v. Mahjoub - 2011 FC 506 - 2011-05-02
Federal Court DecisionsGiven the delays experienced in setting down the reasonableness hearing (at that time two and a half years) and the Court’s concern that the hearing proceed as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit, the Court was not prepared to again adjourn the [...] (8) “The danger to the security of Canada must be grave in the sense that the danger must be serious according to a broad and fair interpretation and in conformity with the international standards which require evidence of a potentially grave threat that puts the nation in danger.” [...] by counsel for the Ministers and shall be in accordance with the terms and conditions of guarantees provided pursuant to section 56 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), and Part 4 of the Immigration and Refugee Protection Regulations, SOR/2002-227, dealing with deposits and guarantees.
-
10,700.
Toussaint v. Canada (Citizenship and Immigration) - 2009 FC 873 - 2009-09-04
Federal Court DecisionsGiven the importance of having a proper factual foundation before the Court upon which to make important Charter determinations, I will not deal extensively with LIFT’s arguments in these Reasons for Judgment. [...] 1. Does the law, program or activity, based on a personal characteristic, impose differential treatment between the claimant and others with whom the claimant may fairly claim equality? [...] In a case of this kind, and when deciding whether so called economic discrimination could possibly be read into the ambit of s. 15(1), it is well to keep in mind that almost any law dealing with sales or income taxes, licence fees, tariffs or social benefits will have a different and more adverse impact on some groups of