Advanced Search

Porto Seguro Companhia de Seguros Gerais v. Belcan S. A. - 2001-01-31

[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.

Rémillard v. Canada (National Revenue) - 2022 FCA 63 - 2022-04-08

I 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

Canada (National Revenue) v. Stankovic - 2018 FC 462 - 2018-04-30

Therefore, 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

Twins v. Canada (Attorney General) - 2016 FC 537 - 2016-05-13

However, 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.

AbbVie Biotechnology Ltd. v. Canada (Attorney General) - 2014 FC 1251 - 2014-12-22

[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.

Apotex Inc. v. Allergan Inc. - 2012 FCA 308 - 2012-11-23

In 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.

Nagalingam v. Canada (Citizenship and Immigration) - 2008 FCA 153 - 2008-04-24

13. 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.

Adviento v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1430 - 2003-12-09

(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:

Comeau's Sea Foods Limited / Ce 1999-1794(cpp) v. M.N.R. - 2001-06-11

I 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. ...

David Suzuki Foundation v. Canada (Fisheries and Oceans) - 2010 FC 1233 - 2010-12-07

b) 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.

Airbus Helicopters, S.A.S. v. Bell Helicopter Textron Canada Limitée - 2017 FC 170 - 2017-03-02

Rule 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.

Milano Pizza Ltd. v. 6034799 Canada Inc. - 2022 FC 425 - 2022-04-04

He 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;

Worldspan Marine Inc. v. Sargeant III - 2021 FCA 130 - 2021-06-29

[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