11,309 result(s)
-
10,701.
Porto Seguro Companhia de Seguros Gerais v. Belcan S. A. - 2001-01-31
Federal Court Decisions[18] Sixth, acknowledging the Collision Regulations make no particular reference to the posting of a lookout while at anchor, he points to Rule 5 dealing with look-outs. [...] 83. Un navire qui jette l'ancre dans un mouillage désigné, ou ailleurs, [...] doit immédiatement faire rapport de sa position au contrôleur du trafic maritime et il ne doit pas poursuivre son voyage sans l'autorisation de ce dernier. [...] [21] A fair reading of the evidence indicates that the Federal Danube's yaw from 21.40 was not a normal yaw.
-
10,702.
Monit International Inc. v. Canada - 2004 FC 75 - 2004-01-20
Federal Court DecisionsIf the Crown thinks the price is not fair, negotiations should be undertaken with the proponent with a view to obtaining a fair value. [...] 314 The weighting and the existence of a certain redundancy are aspects that all bidders had to deal with, and this does not violate the principle of equality among bidders. [...] (iii) Duty to act with fairness and transparency [64] (iv) Duty to accept a complying bid [65]
-
10,703.
Rémillard v. Canada (National Revenue) - 2022 FCA 63 - 2022-04-08
Federal Court of Appeal DecisionsI will deal with this issue as part of my analysis of the first issue. [...] [41] Rules 23 and 26 are in Part 2 of the Rules, which deals with the administration of the Court. [...] I therefore see no breach of procedural fairness in this approach. [61] In summary, I agree with the appellant that judges on judicial review, like judges hearing an action, cannot go beyond what was submitted to them by the parties in the course of their deliberations and must rely on the evidentiary record in reaching
-
10,704.
Sandpiper Distributing Inc. v. Ringas - 2020 FC 366 - 2020-03-12
Federal Court DecisionsNothing in either party’s correspondence refers to the costs award made in the Striking Order, and Rule 402 deals only with the costs of an abandoned motion, not the costs of any underlying order that the motion may seek to set aside. [...] However, any aspects of the motion dealing with the main action were rendered moot, or effectively determined in Ringas’s favour, by the discontinuance of the main action. [...] Relying on general principles of equity and fairness, Ringas suggests that all of the costs that they were required to incur in the action arose from Sandpiper “starting the war,” which they were then called upon to defend.
-
10,705.
Canada (National Revenue) v. Stankovic - 2018 FC 462 - 2018-04-30
Federal Court DecisionsTherefore, pursuant to the rule in Browne v Dunn (1893), 6 R 67 (HL), fairness required the Respondent to bring the matter to the Auditor’s attention and the Respondent is now precluded from suggesting that the Auditor was influenced by those facts. [...] Hence, in order to justify why she does not have to comply with the s 231.1(1) request letters and produce all of her bank account information for the audit period, the Respondent has raised a number of grounds that I will deal with in turn. [...] If the Respondent’s position were accepted, it would mean that, given the government’s intent to deal with offshore tax offenders, every Canadian taxpayer with an offshore bank account would be immune from compliance with the audit requests made under s 231.1(1) because this could lead to criminal proceedings at some time
-
10,706.
Asics Corporation v. 9153-2267 Québec Inc. - 2017 FC 257 - 2017-03-02
Federal Court DecisionsAt that time, the Plaintiff consented to a request by counsel to the Alleged Contemnors to bifurcate the hearing, in order to permit the Court to make a determination with respect to the allegations of contempt against 9153 and the Two Individuals, prior to dealing with the allegations against 9279. [...] It was ultimately decided to deal with the latter allegations in a separate hearing that was scheduled to take place on January 11, 2017, the same day as the hearing of the present Motion. [...] [65] More generally, it is readily apparent from a review of the transcript of the cross-examination that Mr. Nassar’s memory is fairly good in respect of matters that support his version of the facts, yet invariably poor in respect of matters that could be of assistance to the Plaintiff.
-
10,707.
Twins v. Canada (Attorney General) - 2016 FC 537 - 2016-05-13
Federal Court DecisionsHowever, the Board also noted that the file reports and statements at the hearing indicated that dealing with the applicant became difficult after the August 23, 2014 incident and that she objected to the additional requirements then imposed. [...] The figures are stark and reflect what may fairly be termed a crisis in the Canadian criminal justice system. [...] 69 In this case, of course, we are dealing with factors that must be considered by a judge sentencing an aboriginal offender.
-
10,708.
Canada (Office of the Information Commissioner) v. Canada (National Defence) - 2015 FCA 56 - 2015-03-03
Federal Court of Appeal Decisions[7] On March 4, 2011, DND notified the requester that, pursuant to subsection 9(1) of the Act, it was extending the 30-day time limit set out in section 7 by 1,110 days in order to deal with the request. [...] [8] On March 29, 2011, the Commissioner provided notice of her intention to investigate pursuant to section 32 of the Act. During the course of the investigation, DND informed the Commissioner that 230 of the 1,110 days had been taken under paragraph 9(1)(a) to deal with the large number of records involved and that the [...] 4. (2.1) Le responsable de l’institution fédérale fait tous les efforts raisonnables, sans égard à l’identité de la personne qui fait ou s’apprête à faire une demande, pour lui prêter toute l’assistance indiquée, donner suite à sa demande de façon précise et complète et, sous réserve des règlements, lui communiquer le
-
10,709.
AbbVie Biotechnology Ltd. v. Canada (Attorney General) - 2014 FC 1251 - 2014-12-22
Federal Court Decisions[2] The appellant submits that the Commissioner erred by applying the wrong definition of a “method of medical treatment” by failing to rely on the established case law dealing with the proper interpretation of “invention” in the Act and, by misinterpreting the jurisprudence and inappropriately acting on the basis of a new [...] [93] Justice Hughes noted that “a distinction must be made between claims that rely upon the skill and judgment of a medical practitioner and those that deal with a vendible product, be it a scalpel, X-ray machine or 1 mg tablet that are to be used or prescribed for use by such practitioner. [...] It is only within that framework that the question of whether the '950 Patent covers a method of medical treatment could be fairly and properly addressed - and here the Janssen witnesses failed to squarely speak to it.
-
10,710.
Demers v. The Queen - 2014 TCC 368 - 2014-12-16
Tax Court of Canada Judgments[64] The fact that the initial cheques issued in December 2002 were NSF seems to me to be another fairly clear red flag, coming not long before the season when the 2002 tax return had to be prepared. [...] [11] Seventh edition, 2013, Éditions Yvon Blais; paragraphs 378 to 394, 398 to 402 and 920 to 935 of the book, which deal with the theory of nullity and the restitution of prestations, are relevant. [...] Although that criminal judgment is of no help to me in determining this case, I note that it deals with, among other things, Mr. Demers’ investment and the “Club des Présidents”.
-
10,711.
Apotex Inc. v. Allergan Inc. - 2012 FCA 308 - 2012-11-23
Federal Court of Appeal DecisionsIn Sandoz, Mr. Beck was intensively cross-examined, and during the course of the questioning apparently put in a great deal of evidence not set out in his affidavit as to the work involved. [...] [39] The Federal Court judge was confronted with a fairly straightforward application of the doctrine of comity. [...] [84] Dealing with this last contention, the Federal Court judge did not dismiss Dr. Fechtner’s evidence outright.
-
10,712.
Dewdney Transport Group Ltd. v. M.N.R. - 2009 TCC 569 - 2009-11-05
Tax Court of Canada JudgmentsAccording to Flannigan, each justification deals with regulating the risk-taking of the employer and, as such, control is always the critical element because the ability to control the enterprise is what enables the employer to take risks. [...] For these reasons, it was important that the workers obtain a fairly detailed medical history prior to providing a massage. [...] As well, the massage therapists could promote the sale of products and earn commission and could avoid providing services to customers whose medical coverage paid a lesser fee than that ordinarily charged by Vida Spa. Dealing with the factor concerning the risk of loss, Miller, J. - at paragraphs 28-31, inclusive – stated:
-
10,713.
Nagalingam v. Canada (Citizenship and Immigration) - 2008 FCA 153 - 2008-04-24
Federal Court of Appeal Decisions13. It was common ground to both parties during argument that it is not open to this Court to interpret the "liability" of accomplices under this Convention exclusively in the light of section 21 of the Canadian Criminal Code [R.S.C., 1985, c. C-46], which deals with parties to an offence, since that provision stems from [...] It will most often apply when dealing with complicity. It reads as follows: [...] Despite the legal errors committed by the Delegate during the examination of the appellant’s file, his rights to a fair process were never breached.
-
10,714.
Fournier c. La Reine - 2004 TCC 786 - 2004-12-01
Tax Court of Canada JudgmentsTenacity can certainly be a good quality, but Mr. Fournier's extreme and abusive stubbornness constitutes vexatious conduct, and it has caused the Court to waste a great deal of time. [...] Obviously that is just a departmental assessing policy, and while arbitrary is undoubtedly a useful and functional mechanism in dealing with a difficult section of the Act, I would think the Minister might be hard-pressed to refuse a claim where the percentage was 89%, may be even 85% or 80% or lower - and that brings up [...] Claiming a limitation to vacate part of the assessment under these circumstances would therefore constitute a violation of the principle of procedural fairness.
-
10,715.
Adviento v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1430 - 2003-12-09
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] Sections 49 and 50 deal with statutory stays of execution in certain defined circumstances; for instance, where an applicant has filed an appeal which has yet to be heard and disposed of, or where there are other proceedings. [...] Section 6 of the said Act deals with the coverage of the insurance program and states as follows:
-
10,716.
HJ Heinz Co. of Canada Ltd. v. Canada (Attorney General) - 2003 FCT 250 - 2003-02-27
Federal Court Decisions[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. [...] As outlined by Jerome A.C.J. in earlier cases dealing with subsection 20(1)(b): [...] 4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande_:
-
10,717.
Comeau's Sea Foods Limited / Ce 1999-1794(cpp) v. M.N.R. - 2001-06-11
Tax Court of Canada JudgmentsI refer to interpretation Bulletin IT-254R2, which although dealing with a totally different matter contains this comment in paragraph 1: [...] However, it is important to note that courts have placed less weight on the ownership of tools simply because it can be fairly inconclusive depending on the nature of the services being performed. [...] so absolute and participation in the decision-making by the other party is so completely absent that it appears more plausible to believe, in applying this first test that the nature of the legal relationship between the fishing vessel owner and the deck hands is rather that of an employer who deals with his employees. ...
-
10,718.
Bayside Towing Ltd. v. Canadian Pacific Railway Co. - 2000-11-28
Federal Court DecisionsCounsel for the applicants/plaintiffs urged that, despite the concession by counsel for the respondent/defendant CPR, I should nonetheless deal with this issue. [...] calculée conformément aux règles de jaugeage prévues à l'annexe I de la Convention internationale de 1969 sur le jaugeage des navires, signée à Londres le 23 juin 1969, y compris les modifications don't les annexes ou l'appendice de cette convention peuvent faire l'objet, indépendamment du moment où elles sont apportées. [...] However it is determined to deal with the issue of costs, following disposition with regard to that issue, a supplementary judgment, if required, will issue.
-
10,719.
David Suzuki Foundation v. Canada (Fisheries and Oceans) - 2010 FC 1233 - 2010-12-07
Federal Court Decisionsb) une désignation des menaces à la survie de l’espèce et des menaces à son habitat qui soit compatible avec les renseignements fournis par le COSEPAC, et des grandes lignes du plan à suivre pour y faire face; [...] The fact that it has will have an impact upon the way I deal with the exercise of the Court’s discretion to hear the Protection Statement Application. [...] [166] I will deal briefly with each of the Respondents’ grounds for resisting the Protection Order Application.
-
10,720.
Wenger S.A. v. Travel Way Group International Inc. - 2016 FC 347 - 2016-03-24
Federal Court DecisionsThis survey does not deal with possibilities of confusion of consumers; the study is lacking information and does not meet the prerequisite of necessity. [...] 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;
-
10,721.
Airbus Helicopters, S.A.S. v. Bell Helicopter Textron Canada Limitée - 2017 FC 170 - 2017-03-02
Federal Court DecisionsRule 106 deals specifically with the severance of proceedings, in contradistinction with Rule 107, which permits bifurcation. [...] The rules of evidence are there to protect the right of each party to fairly present their case before the Court. [...] She added that they essentially relied on Textron’s policy – the Textron guide – when dealing with intellectual property issues referred to in the employee ethics code.
-
10,722.
Responsible Plastic Use Coalition v. Canada (Environment and Climate Change) - 2023 FC 1511 - 2023-11-16
Federal Court Decisions[...] [...] [60] CEPA is organized into twelve different parts: Part 4 deals with “Pollution Prevention”, Part 7 deals with “Controlling Pollution and Managing Wastes”, and as relevant to this Application, Part 5 deals with “Controlling Toxic Substances”, which includes maintaining Schedule 1. [...] c) fournir des renseignements et faire des recommandations concernant toute question liée à une substance, notamment en ce qui touche les mesures à prendre pour limiter la présence de celle-ci dans l’environnement. [...] To help ensure that this finding was fair, a neutral party within the Department conducted an independent review of the scientific analysis of the notices of objection.
-
10,723.
Milano Pizza Ltd. v. 6034799 Canada Inc. - 2022 FC 425 - 2022-04-04
Federal Court DecisionsHe also added that they had declined to be involved in some of the initiatives Kassis was supporting, specifically a two-for-one deal. [...] 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;
-
10,724.
Hildebrand v. Canada (Attorney General) - 2022 FC 1608 - 2022-11-23
Federal Court Decisions(a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.53(2)(a), (b) or (c) or subsection 45.53(3) applies; or [...] [31] It is perhaps most efficient to simply deal with each item challenged by the Respondent: [...] [46] It sets out s 366(1) of the Criminal Code which deals with forgery:
-
10,725.
Worldspan Marine Inc. v. Sargeant III - 2021 FCA 130 - 2021-06-29
Federal Court of Appeal Decisions[47] I will deal first with Offshore’s appeal which raises two issues, namely whether the Judge erred in refusing to allow the filing of the affidavit of David Kelly sworn November 29, 2017, and that of Fred Lillian sworn November 30, 2017, and if so, whether consideration of these affidavits should lead to the conclusion [...] b) de la publicité à faire à leur intention; (c) the time within which claimants must file their claims; and [...] [59] Rule 492(1) allows the Federal Court, in making orders under Rules 490 and 491 which deal with the sale of a ship under arrest and the payment of the proceeds of sale thereof, to give directions, inter alia, with respect to the time within which in rem claimants must file their claims and the procedure to be followed