11,309 result(s)
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10,726.
Tokmakjian Inc. v. Achorn - 2017 FC 1057 - 2017-11-22
Federal Court DecisionsHowever, I must do my best to determine the proper constitutional jurisdiction of Transit, since if Transit is not within federal jurisdiction I have no authority to deal with the matter of severance pay, based on s. 167 of the Canada Labour Code. [...] In fairness, I do not believe that the relevant constitutional framework was articulated before her with as much clarity as it was in this Application. [...] As Transit is not within federal jurisdiction, but rather falls under provincial regulation, the Referee has no authority to deal with the matter of severance pay based on section 167 of the Code.
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10,727.
Chanel S. de R.L. v. Lam Chan Kee Company Ltd. - 2016 FC 987 - 2016-08-30
Federal Court Decisions(b) Vicarious liability may exist where, taking into account the dual purposes of such liability – fair and effective compensation and deterrence of future harm – there is a sufficient rationale to do so. [...] On February 13, 2006, two separate actions were commenced in the Court by Chanel S. de R.L. and Chanel Inc. in relation to their offering for sale, selling, importing, distributing, manufacturing, printing, advertising, promoting, shipping, storing, displaying or otherwise dealing in merchandise bearing any or one or more [...] The Court also ordered the defendants to permanently restrain themselves from offering for sale, displaying, advertising, selling, manufacturing, distributing or otherwise dealing in merchandise bearing any of the Paul Frank Intellectual Property.
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10,728.
SNF L.P. v. The Queen - 2016 TCC 12 - 2016-01-28
Tax Court of Canada Judgments" AIM and its related companies have a system in place to ensure they are dealing with legitimate suppliers. [...] It was Mr. McDuff who was dealing with SNF and SNF ought to have realized this. [...] To be fair, I believe many of the facts assumed and pleaded by the respondent came to her attention after Revenu Québec issued the GST registration numbers and may not have been available to Revenu Québec earlier.
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10,729.
Tam International Inc. v. MCP Altona - 2012 FC 1168 - 2012-10-03
Federal Court DecisionsIncluded in the aforesaid commission shall be the services of the Sheriff in contacting any prospective or potential purchasers, in arranging physical inspection of the Vessel, in liaising with the shipowners or managers for the ship-board attendances by potential purchasers, the negotiation of the purchase price, dealing [...] [23] While I appreciate that both parties made certain that the Assessment Officer, in dealing with the Sheriff’s costs, was provided with a broader context of the matter before the Federal Court, I am of the opinion that my role in the present situation is not to determine the issues of the underlying litigation, but to [...] however, from the perspective of a strict technical construction of the period defined by the Sheriff responsibility for the Vessel, as defined by the Sale Order, its purchase date falls one day outside the time period even if I feel fairly certain that the paint itself was applied to the Vessel during said sale period.
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10,730.
Shire Biochem Inc. v. Canada (Health) - 2008 FC 538 - 2008-04-25
Federal Court DecisionsI will deal with these matters when considering the individual allegations. [...] The results are illustrated at Figure 8 (Figure 9 is similar but deals with a metabolite of modafinil and not modafinil itself). [...] [104] The final challenge to validity of the ’967 patent made by Apotex at the hearing deals with the use of the world “about” in the claims.
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10,731.
Desrochers v. Canada (Department of Industry) - 2006 FCA 374 - 2006-11-17
Federal Court of Appeal Decisions(c) What is the fair and appropriate remedy in the circumstances? (d) Should the Court award the appellants their costs in the court below, irrespective of the outcome of the case, under subsection 81(2) of the OLA? [...] It deals with rights in matters of communications and the language of communications and services. [...] [42] Section 25, contained in Part IV of the OLA, deals with the provision of services by third parties.
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10,732.
Cervinus Inc. v. Canada (Minister of Agriculture) - 2000-12-20
Federal Court DecisionsWhen asked by Mr. Kronick, counsel for the plaintiffs, on which facts this opinion was based, Dr. Prestwood replied: "I have no facts sometimes we have to deal with less than perfect evidence." [...] 8. The only fair inference to draw from the evidence is that the slaughtered animals were not infected with E. cervi and there was no basis for Agriculture Canada to conclude that the herd as a whole "could be affected by a disease, E. cervi". [...] The defence experts did not deal with this to any significant degree and certainly did not contradict the evidence of the plaintiffs' experts.
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10,733.
Halford v. Seed Hawk Inc. - 2006 FC 422 - 2006-03-31
Federal Court Decisions... ¶ 9 Having reviewed the evidence in this case, it is clear that the amounts taxed were fair and reasonable under the circumstances. [...] Once we get to Mr. -- after we gave dealt with Mr. Ukrainetz, if the defendants still wish to deal with the question of Dr. Domier, we can deal with that at that time. [...] So I guess what we're dealing with -- I think I see that, I think I see what's going on.
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10,734.
Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders) - 2023 FC 319 - 2023-03-08
Federal Court DecisionsIn the alternative, TLG offered to purchase the business at its fair market value. [...] Bad faith “may also include dealings which fall short of the standards of acceptable commercial behaviour as observed by reasonable experienced people in the area being examined” (Beijing Judian at para 35). [...] As an alternative, TLG offered to buy Ontario Inc.’s business, including the trademark, at fair market value.
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10,735.
Packers Plus Energy Services Inc. v. Essential Energy Services Ltd. - 2017 FC 1111 - 2017-12-06
Federal Court DecisionsMost of the witnesses I heard confirmed that the oil and gas industry is highly competitive and that operating companies have the upper hand in dealings with service companies such as Packers. [...] First, I do not believe he characterized the EOG fax to Mr Themig fairly. [...] The Wizard Packer is fairly long in length and rigid, such that it often cannot negotiate small radius turns in a wellbore.
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10,736.
Bell Helicopter Textron Canada Limitée v. Eurocopter, société par actions simplifiée - 2013 FCA 219 - 2013-09-24
Federal Court of Appeal DecisionsNevertheless, Bell Helicopter still maintained before the Judge that all the features of the Legacy landing gear could be found in prior art, particularly in prior art dealing with obstacle strike designs for landing gears and in certain NASA documents. [...] [38] The Judge reviewed (at para. 277) prior art publications dealing with obstacle strikes which were relied upon by Bell Helicopter and which he referred to as the “Obstacle strike documents”. [...] [39] He found (at para. 280) the second concept (use of fairings) of no pertinence to the Gillette defence.
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10,737.
Abbott Laboratories v. Canada (Minister of Health) - 2006 FC 69 - 2006-01-24
Federal Court DecisionsI find these features are incidental, and of no consequence, when each is clarified by a fair contextual reading. [...] Therefore, I find that Ratiopharm's argument does not give a fair reading to Dr. Amidon's evidence considered in context. [...] Therefore, I find that Dr. Miller's failure to deal with this interpretation fundamentally undermines his opinion.
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10,738.
Bombardier Inc. v. The Queen - 2011 TCC 48 - 2011-01-28
Tax Court of Canada Judgments2. Supplementary schedules may deal with measurement of a specific component (i.e. an asset, a liability or equity) by showing the details of: [...] 26 We are not, in Part I.3, dealing with the computation of income, a function that courts have jealously guarded to themselves. [...] We are dealing with a tax on capital and the base upon which the tax is to be computed.
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10,739.
Jay-Lor International Inc. v. Penta Farm Systems Ltd. - 2007 FC 358 - 2007-05-14
Federal Court DecisionsPredictability is achieved by tying the patentee to its claims; fairness is achieved by interpreting those claims in an informed and purposive way. [...] In dealing with each of the 13 factors below, I will consider the evidence of these two witnesses. [...] At that time, it is fair to conclude that Mr. Buurma had a reasonable belief that his version of the vertical feed mixer was not infringing.
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10,740.
Huang v. Canada (Citizenship and Immigration) - 2017 FC 762 - 2017-08-10
Federal Court Decisions[23] Allegations of bias, if found, can give rise to a breach of procedural fairness and are reviewed under the correctness standard: Gaziova v Canada (Citizenship and Immigration), 2017 FC 679 at para 24. [...] [29] The test for an apprehension of bias is whether an informed person, viewing the matter realistically and practically, and having thought the matter through, would conclude that it is more likely than not that the decision-maker, whether consciously or unconsciously, would not decide fairly: Committee for Justice and [...] The test for such an apprehension is whether an informed person, viewing and practically, and having thought the matter through, at it is more likely than not that the decision-maker, whether consciously or unconsciously, would not decide fairly.
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10,741.
Constellation Brands Quebec Inc. v. Smart & Biggar - 2016 FC 605 - 2016-05-31
Federal Court DecisionsHe emphasized that flexibility is the operative word in dealing with motions to intervene because every intervention is different; “i.e. different facts and legal issues and different contexts.” I find these comments respond to a large degree to CBQ’s argument that the Prothonotary erred in relying on Pictou Landing. [...] In such circumstances, it would seem to follow that by its intention of promoting competitive fairness, Parliament has put in place the means to ensure that its trade-mark regime is not abused. [...] [64] If section 45 is intended in part at least to ensure fairness by removing abusive trade-mark monopolies that are unfair to competitive trade-mark owners, the argument would seem to follow that Federal Court procedure used on appeals under section 45 should be liberally applied to align with the intention of the
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10,742.
Ishaq v. Canada (Citizenship and Immigration) - 2015 FC 156 - 2015-02-06
Federal Court DecisionsWhen dealing with these female candidates it is the responsibility of a citizenship official to confirm the candidate’s identity. [...] 22. (1) Le ministre ou la personne qu’il a déléguée par écrit peut faire prêter le serment de citoyenneté à toute personne qui s’est vu attribuer la citoyenneté. [...] b) à l’étranger, devant l’agent du service extérieur, le juge, le magistrat, l’agent d’une cour de justice ou le commissaire autorisé à faire prêter les serments dans le pays où réside la personne.
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10,743.
Alberta Wapiti Products Cooperative Ltd. v. Canada (Minister of Agriculture) - 2005 FC 1468 - 2005-10-28
Federal Court Decisions. . . 48. (1) Le ministre peut prendre toute mesure de disposition, notamment de destruction, - ou ordonner à leur propriétaire, ou à la personne qui en a la possession, la responsabilité ou la charge des soins, de le faire - à l'égard des animaux ou choses qui: [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] I will not deal with the outcome if such evidence had been available.
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10,744.
Alticor Inc. v. Nutravite Pharmaceuticals Inc. - 2004 FC 235 - 2004-02-16
Federal Court DecisionsAccordingly, I will deal with this issue first. Issue #1: Validity of the NUTRILITE trade-mark [...] Thus, I cannot fairly conclude that even the Canadian scientific community was familiar with the word "nutrilite". [...] On most of their outings, the store in question carried a range of NUTR products in fairly close proximity (for example, in the pharmacy section of a Walmart store, or in a small health food store).
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10,745.
Canada v. Nova Corporation of Alberta - 1997-05-01
Federal Court of Appeal DecisionsBy early 1986, AGCL had invested $25,425,000 in Petralgas, but its interest in Petralgas had only nominal fair market value because Petralgas had encountered serious financial difficulties. [...] During 1986, Allarco was indebted to The Bank of Nova Scotia (the "Bank"), in an amount exceeding $100,000,000 and the aggregate fair market value of its assets was considerably less than this amount. [...] I shall deal principally with the Allarco transaction, but will sometimes make reference to the Petralgas transaction.
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10,746.
Merck Sharp & Dohme Corp. v. Wyeth LLC - 2021 FC 317 - 2021-04-30
Federal Court Decisions[33] In addition, Wyeth notes that Dr. Kasper is not an expert in pneumococcus and that no more than 10 of the 400 papers he has authored deal with pneumococcus. [...] Q. Is that a fair way of doing it? A. Well, that is one way you could do it. [...] Q. And silicone oil is one of those factors but not the only one, fair?
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10,747.
Tensar Technologies, Limited v. Enviro-Pro Geosynthetics Ltd. - 2019 FC 277 - 2019-03-06
Federal Court DecisionsMR. McGOWN: In this sort of situation, you're dealing in the range 20 to 80 percent, and we're around about the middle of that, 40 to 60, 70; I don't think you would find material in that portion of the product with mixtures much different from that. [...] It is not fair for a person claiming to have invented a combination invention to break the combination down into its parts and find that, because each part is well known, the combination is therefore obvious (Bridgeview, above at para 51). [...] (b) Adherence to the language of the claims in turn promotes both fairness and predictability.
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10,748.
Taman v. Canada (Attorney General) - 2015 FC 1155 - 2015-10-13
Federal Court DecisionsIn Pinet, the twin goals of public safety and fair treatment grounded the assessment of whether an infringement of an individual’s liberty interest was justified (para. 19). [...] To ensure public confidence in its administration, prosecutorial discretion must be exercised in a manner that is objective, fair, transparent and consistent.” The purpose of the Deskbook and the guidance it offers is to realize these objectives. [...] For example, under the heading “Effort - Critical Thinking and Analysis” the descriptors include: “Exercises prosecutorial discretion before the courts to present a fair, complete and just prosecution on criminal matters in accordance with law practice standards.
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10,749.
Signalgene R&D Inc. v. Canada (National Revenue) - 2012 FC 1375 - 2012-11-27
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; [...] [77] The second factor is the fact the Respondent, in all previous decisions dealing with the Applicant’s claims, never identified or told Signalgene a Notice of Determination was contained in the Notice of Assessment. [...] It was decided under the fairness provisions of the Act. JUDGMENT THIS COURT’S JUDGMENT is that this judicial review application is granted with costs to be assessed on Column V with the units fixed at the highest number in the range for each assessable service of the Court’s Tariff.
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10,750.
St. Michael Trust Corp. v. Canada - 2010 FCA 309 - 2010-11-17
Federal Court of Appeal DecisionsThey would carry voting rights and be redeemable for an amount equal to the fair market value of the existing common shares immediately before the reorganization took effect, which at the time the parties agreed was $50 million. [...] The Minister assumed, when reassessing the appellants, that the fair market value immediately before the reorganization was substantially more than $50 million. [...] This allowed the beneficiaries to deal directly with the Trusts’ financial advisers and directly control the Trusts’ investment activity without the involvement of St. Michael Trust Corp.