Advanced Search

Canada (Attorney General) v. Ubah - 2021 FC 1466 - 2021-12-23

• Mr. Ubah repeats his allegation that the government is engaged in a conspiracy against him or his family members throughout his litigation history.In his proceeding against the Crown, T-756-20, Mr. Ubah has claimed that the IRCC is defaming and oppressing him, making “secret deals” with third parties, including a judge,   [...]  • Preserve the Court’s powers to act further, when necessary, to adjust the vexatious litigant order, but only in accordance with procedural fairness.   [...]  And the Court’s ability to strengthen its order when necessary and to punish non-compliance—always in accordance with procedural fairness rights—must be preserved.

Lochner v. Canada (Attorney General) - 2021 FC 692 - 2021-06-30

[43] Mr. Lochner also asserts that Justice Pepall “falsified facts” in order to avoid dealing with the core complaint of his appeal (the Crown Attorney’s decision to stay his private prosecution of the police involved in the tasering incident).   [...]  [38] There seems to me to be no doubt that constitutional issues and procedural fairness issues are subject to the standard of correctness, while the Council’s findings on questions of fact or of interpretation of its enabling statute or the 2015 By‑laws must be assessed on a standard of reasonableness.   [...]  To have disciplinary proceedings conducted by a judge’s peers offers the guarantees of expertise and fairness that judicial officers are sensitive to, while avoiding the potential perception of bias or conflict that could arise if judges were to sit in court regularly in judgment of each other.

6610048 Canada Inc. v. The Queen - 2019 TCC 255 - 2019-11-15

[71] The appellant submits that its shareholders were not real estate developers, that the appellant never wanted to complete the TOD project for Mascouche Station itself and that the lots were sold to a direct competitor at a price lower than their fair market value, which allowed it to make a big profit in a short time.   [...]  10(1) For the purpose of computing a taxpayer’s income for a taxation year from a business that is not an adventure or concern in the nature of trade, property described in an inventory shall be valued at the end of the year at the cost at which the taxpayer acquired the property or its fair market value at the end of the   [...]  • (l) Evidence that the appellant and its shareholders are engaged in large-scale land deals – Mr. Labrecque and Mr. Duchaine have always acted as real estate developers through their roles as shareholders and directors of several companies involved in the purchase, development and resale of real estate.

Adir v. Apotex Inc. - 2018 FC 346 - 2018-03-28

Now that it has been, and that the parties have been permitted to make additional submissions for the purpose of this rehearing, it is both fair and logical to permit Servier to make arguments applying the current law to the trial record.   [...]   of the infringer’s profit which is causally attributable to the invention” (at para 101), thus requiring courts to segregate the profits made by the infringer or the sales lost by the patentee, attributable to the patent, and leave aside the profits/lost sales resulting from the infringer’s fair and legal competition.   [...]  [67] In Perindopril FCA, Justice Dawson did not analyse the “would have” branch, most probably because I barely deal with the subject in Perindopril FC. However, she states the following :

Amazon.com, Inc. v. Canada (Attorney General) - 2010 FC 1011 - 2010-10-14

As Duff C.J. said in Vanity Fair Silk Mills v. Commissioner of Patents (at p. 246):   [...]  Indeed, many of the principal cases dealing with what is an art have in fact concerned processes, Shell Oil being a prime example.   [...]  [70] In fairness, in this instance the Commissioner does glean some of her rationale from the language in the Patent Rules and Canadian jurisprudence, but this does not translate into an endorsement or imposition of a “technical test”.

Paszkowski v. Canada (Attorney General) - 2006 FC 198 - 2006-02-15

[71] The plaintiff’s remedies, following February 1, 1993, were to either bring an application for judicial review and an order of mandamus to compel the defendants to deal with her application or, alternatively, as she ultimately did, to file a fresh landing application.   [...]  He concluded that, absent evidence of bad faith, gross negligence or undue delay, it would not be just, fair and reasonable for the law to impose a duty of care on those responsible for the administrative implementation of immigration decisions.   [...]  In Justice Martineau’s view, it would not be just, fair and reasonable for the law to impose a duty of care on those responsible for the administrative implementation of immigration policies, absent evidence of bad faith, misfeasance or abuse of process (para. 102).

Raîche v. Canada (Attorney General) - 2004 FC 679 - 2004-05-11

They explained that a great deal of effort has been made in the past to develop the northeastern region of New Brunswick; the proposed changes to the electoral district would destroy what has been accomplished and interfere with further development, both social and economic.   [...]  Johnson stated that the readjustment of the electoral boundaries is fair.   [...]  (ii) le souci de faire en sorte que la superficie des circonscriptions dans les régions peu peuplées, rurales ou septentrionales de la province ne soit pas trop vaste.

Boston Pizza International Inc. v. Boston Chicken Inc. - 2001 FCT 1024 - 2001-09-17

6. (2) L'emploi d'une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l'emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services   [...]  A greater degree of discrimination may fairly be expected from the public where a trade name consists wholly or in part of words descriptive of the articles to be sold or the services to be rendered."   [...]  Malone J.A., in dealing with this issue in United States Polo Assn v. Polo Ralph Lauren Corp., [2000] F.C.J. No. 1472 (F.C.A.), made the following remarks at paragraph 25 of his Reasons:

Auto Maculate Inc. v. The Queen - 2020 TCC 105 - 2020-09-18

Accordingly, for his 2009 taxation year, this decision deals only with Mr. Wahab’s other issues related to the appeal of his 2009 income tax reassessment.   [...]  X. DECEMBER 31, 2007 BALANCE SHEET UNDERSTATED FAIR MARKET VALUE OF ASSETS   [...]  [157] The Wahabs assert that the Minister understated the fair market value of their assets at the end of 2007.

Guindon v. The Queen - 2012 TCC 287 - 2012-10-16

g. It was anticipated that the beneficiaries would donate the VOWs to a registered Canadian charitable organization for a receipt for the fair market value of the donated VOWs; and   [...]  In the government's view there is a great deal of difference between “ordinary” negligence and “gross” negligence.   [...]  They deal with deliberate misconduct that has already taken place by characterizing it as an offence punishable on summary conviction or by indictment.

Merck Frosst Canada Ltd. v. Apotex Inc. - 2009 FCA 187 - 2009-06-04

Les modifications envisagées renforceront l’équilibre entre l’assurance d’un mécanisme qui permet de faire véritablement respecter les droits conférés par les brevets et la garantie que les médicaments génériques soient commercialisés aussitôt que possible.   [...]  [17] Dealing with the first set of issues, the Federal Court Judge rejected Merck’s argument that the Patent Act does not confer on the Federal Court jurisdiction to hear actions brought pursuant to section 8 of the PM(NOC) Regulations.   [...]  [64] Dealing with the extent of the encroachment, the right of action created by section 8 is only available to a limited group of persons operating within a defined industry.

Haydon v. Canada (Treasury Board) - 2004 FC 749 - 2004-05-21

Before the adjudicator, Dr. Evans testified that a number of technical staff, who would have otherwise been preparing for the upcoming February 13, 2001, trip had to be diverted to deal with the deluge of briefing notes prepared for the Minister in light of the applicant's comments in The Globe and Mail.   [...]  (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;   [...]  If the decision under review is sufficiently difficult, then perhaps a great deal of reading and thinking will be required before the judge will be able to grasp the dimensions of the problem.

Spencer v. Canada (Health) - 2021 FC 621 - 2021-06-18

I will deal first with the latter claim. (a) Security of the Person   [...]  My assessment of that context is set forth above and does not need to be repeated here to deal with the narrow point raised by Mr. Colvin.   [...]  a) elle doit, avant de monter à bord de l’aéronef pour le vol à destination du Canada, faire ce qui suit :