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Tokmakjian Inc. v. Achorn - 2017 FC 1057 - 2017-11-22

However, 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.

SNF L.P. v. The Queen - 2016 TCC 12 - 2016-01-28

" 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.

Shire Biochem Inc. v. Canada (Health) - 2008 FC 538 - 2008-04-25

I 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.

Cervinus Inc. v. Canada (Minister of Agriculture) - 2000-12-20

When 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.

Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders) - 2023 FC 319 - 2023-03-08

In 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.

Bell Helicopter Textron Canada Limitée v. Eurocopter, société par actions simplifiée - 2013 FCA 219 - 2013-09-24

Nevertheless, 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.

Bombardier Inc. v. The Queen - 2011 TCC 48 - 2011-01-28

2. 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.

Huang v. Canada (Citizenship and Immigration) - 2017 FC 762 - 2017-08-10

[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.

Ishaq v. Canada (Citizenship and Immigration) - 2015 FC 156 - 2015-02-06

When 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.

Alticor Inc. v. Nutravite Pharmaceuticals Inc. - 2004 FC 235 - 2004-02-16

Accordingly, 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).

Merck Sharp & Dohme Corp. v. Wyeth LLC - 2021 FC 317 - 2021-04-30

[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?

Taman v. Canada (Attorney General) - 2015 FC 1155 - 2015-10-13

In 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.

St. Michael Trust Corp. v. Canada - 2010 FCA 309 - 2010-11-17

They 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.