11,309 result(s)
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10,876.
Level v. Canada (Citizenship and Immigration) - 2010 FC 251 - 2010-03-04
Federal Court DecisionsThe task is to determine whether the applicants have a fairly arguable case, a serious question to be determined. [...] In Aldana v. Canada (Minister of Citizenship and Immigration), 2008 FCA 176, [2008] F.C.J. No. 725, the Federal Court of Appeal ruled that an order granting leave does not entitle the applicant to have the Federal Court deal with each and every issue raised in support of the leave when disposing of the judicial review
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10,877.
Jean v. Canada (Indian Affairs and Northern Development) - 2009 FCA 377 - 2009-12-22
Federal Court of Appeal DecisionsNeither the objective of the program nor the expectation of transparent, fair and equitable service shall be compromised by this delegation or transfer of funds. [...] [79] Lastly, the respondents had proposed that this Court deal with this case in light of Kapp, but given the above reasons, there is no need for me to adopt that approach or to address the other issues raised in this appeal.
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10,878.
Syrek v. Canada - 2009 FCA 53 - 2009-02-23
Federal Court of Appeal Decisions[48] Although the Court, in Consolidated Bathurst, supra, was dealing with an insurance contract, the words of Estey J., who wrote for the Court at pages 901-02, are entirely apposite to the matter before us: [...] Where words may bear two constructions, the more reasonable one, that which produces a fair result, must certainly be taken as the interpretation which would promote the intention of the parties.
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10,879.
BLAJ Hospitality Inc. v. M.N.R. - 2008 TCC 398 - 2008-08-20
Tax Court of Canada Judgments[31] The appellants submitted that the amount of rent they paid ($500 a month) was fair and reasonable for the accommodation provided, as there was little privacy and a great deal of inconvenience.
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10,880.
Nycomed Canada Inc. v. Canada (Health) - 2008 FC 541 - 2008-04-28
Federal Court DecisionsFor the purpose of this motion, it is fair to say that the relevant portions of the ‘748 patent claim a composition of pantoprozole and a Helicobacter Inhibiting Anti-Microbial Agent (“HIAMA”) for use in the treatment of gastrointestinal diseases caused or exacerbated by H. Pylori and secreted gastric acid. [...] Without going over all the aspects of the evidence Nycomed has tendered to show the type of evidence it would propose to lead on the merits of this application, I note that the evidence includes a statement from a pharmacist to the effect that, having had prior dealings with Sandoz’ sales representatives, Sandoz’ marketing
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10,881.
Gagné-Lessard Sports Inc. c. La Reine - 2007 TCC 300 - 2007-07-16
Tax Court of Canada Judgments[19] He also cited sections 22.7 and 22.9 of the QST statute, which deal with the presumption associated with the delivery [délivrance] of property: [...] I have found that the Minister's assessment is well founded in law, and thus, while the situation is completely different when it is analyzed from the perspective of fairness, the Respondent cannot be blamed for defending her assessment before this Court.
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10,882.
Guido Berlucchi & C. S.r.l.’s v. Brouillette Kosie Prince - 2007 FC 245 - 2007-03-02
Federal Court DecisionsIn paragraphs 4-7 of Maison Cousin, the Federal Court of Appeal deals with the role of the Court in respect of issues on which material new evidence had been presented in appeal. [...] In its view, a fair reading of the decision makes it clear that the Registrar would have accepted that the sale was sufficient to establish use if the applicant had properly established the identity of the trade-mark used on those bottles.
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10,883.
Ragupathy v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 1370 - 2006-11-10
Federal Court DecisionsThe Act does not, however, also require the delegate’s reasons to deal with whether the protected person is a “danger to the public” before assessing risk and balancing risk and danger. [...] This is the minimum required to meet the duty of fairness and fulfill the requirements of fundamental justice under section 7 of the Charter.
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10,884.
RATIOPHARM INC. v. LABORATOIRES RIVA INC. - 2006 FC 889 - 2006-07-18
Federal Court Decisions[6] Nor is it necessary to deal with the physical appearance or “get-up” of the two products either in the context of passing off or trade-mark infringement. [...] Benoît Leblanc, a linguistics professor, called by the plaintiff, made the point that the suffix “YLIN” is fairly common in the pharmaceutical industry.
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10,885.
Gebremichael v. Canada (Minister of Citizenship and Immigration) - 2006 FC 547 - 2006-05-01
Federal Court Decisions1. Did the Board err in law or in fact, breach fairness or exceed jurisdiction in determining that the Applicants' evidence was not credible? [...] The Applicants say that the Board was required to deal with this sur place element of the claim under section 96 of the IRPA. The Applicants also argue that the Board's failure to consider the sur place elements of the claim constitutes a fatal reviewable error (Ghasemian v. Canada(Minister of Citizenship and Immigration),
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10,886.
Welford v. The Queen - 2006 TCC 31 - 2006-02-08
Tax Court of Canada JudgmentsOne is the allegation of fraudulent under-reporting of income and the other one is dealing with employment duties, and also, of course, these issues have all been finalized in the civil action. [...] I have put in the words "either directly or indirectly," because, as it seems to me, a document can properly be said to contain information which may enable the party requiring the affidavit either to advance his own case or to damage the case of his adversary, if it is a document which may fairly lead him to a train of
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10,887.
Robin Aerospace Products Ltd. v. The Queen - 2005 TCC 128 - 2005-02-14
Tax Court of Canada JudgmentsThe GST ruling was that the supply of the financial audit service was zero-rated pursuant to Schedule VI, Part V, section 23 of the Act because "the public accountant's responsibility was to attest to the fairness, objectivity and comparability of the financial statements and their conformity with generally accepted [...] [13] At the commencement of his submission, counsel for the Respondent observed that the only period of time relevant to this appeal was January 1, 1998 to December 31, 1999.[8] Although a great deal of testimony was introduced with respect to the relationship between Whittome, Lorencz and Robin as well as the relationship
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10,888.
Canada (Attorney General) v. Caisse populaire de la Vallée de l'or - 2005 FC 119 - 2005-01-25
Federal Court Decisionsb) ne pas faire partie du patrimoine ou des biens de la personne à compter du moment où le montant est déduit ou retenu, que ces biens aient été ou non tenus séparés de ses propres biens ou de son patrimoine et qu'ils soient ou non assujettis à une telle garantie. [...] [46] First, the very wording of subsection 227(4.1) of the Act contains no such limitation, unlike the wording of subsection 224(1.2) of the Act, dealing with the garnishment procedure which materializes in the plaintiff's favour when a third party is sent a letter requiring the third party to pay the plaintiff an amount
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10,889.
Apotex Inc. v. Merck & Co., Inc. - 2004 FC 1452 - 2004-10-20
Federal Court DecisionsIn that order, Apotex maintains that the impugned paragraphs disclose no reasonable defence, are immaterial, redundant, frivolous and vexatious, will delay the fair trial of the section 8 action, and are an abuse of the process of the Court. [...] [56] Let me deal first with Apotex' request that the defence and counterclaim be struck pursuant to Rule 221(d), as unduly delaying the trial of the section 8 action.
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10,890.
Desbiens c. M.R.N. - 2004 TCC 557 - 2004-08-18
Tax Court of Canada Judgments[1] This deals with four separate appeals by the Appellants; each Appellant has two dockets. [...] 35 [...] Vicarious liability is fair in principle because the hazards of the business should be borne by the business itself; thus, it does not make sense to anchor liability on an employer for acts of an independent contractor, someone who was in business on his or her own account.
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10,891.
Mercier v. Canada (Minister of National Revenue) - 2004 FC 1036 - 2004-07-26
Federal Court DecisionsOnce this is established, the Act specifically deals with proof of the foreign origin once the goods have been found in Canada [ss.152(2)]. [...] moyen que le ministre juge indiqué, à l'agent qui a saisi les biens ou les moyens de transport ou a signifié ou fait signifier l'avis, ou à un agent du bureau de douane le plus proche du lieu de la saisie ou de la signification, présenter une demande en vue de faire rendre au ministre la décision prévue à l'article 131_:
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10,892.
Kraft Canada Inc. v. Euro Excellence Inc. - 2004 FC 652 - 2004-05-03
Federal Court DecisionsIt is of course not correct to say that no commercial dealing could be made with the bottles because of the copyright in the label, the label could simply be removed, and replaced with another label. [...] I think it fair and reasonable that Kraft be awarded pre-judgment interest at the simple rate of 5 percent, the legal rate set forth in the Interest Act, R.S.C. 1985, c. I-13.
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10,893.
Martin v. Canada (Attorney general) - 2003 FC 1158 - 2003-10-06
Federal Court Decisions[...] A board which is created and protected by a privative clause is the manifestation of the will of Parliament to create a mechanism that provides a speedy and final means of achieving the goal of fair resolution of labour-management disputes. [...] [50] The concept of danger as it existed in the pre-amended Code was not intended to deal with danger in the broadest sense of the word.
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10,894.
Canada (Minister of Citizenship and Immigration) v. Schneeberger - 2003 FC 970 - 2003-08-25
Federal Court Decisions[46] To the extent section 507 of the Criminal Code is relied upon, this section deals with a subsequent step in the prosecution with respect to either issuing a summons or a warrant for arrest. [...] La communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé.
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10,895.
Piedmont Airlines Inc. v. United Steel Workers of America - 2003 FCA 154 - 2003-03-25
Federal Court of Appeal Decisionsb) faire l'objet d'un recours judiciaire, notamment par voie d'injonction, de certiorari, de prohibition ou de quo warranto. [...] I shall deal with them one by one, even though the first three are variations on two themes: the meaning of article 3, clause C espoused by Piedmont, and the priority of the collective agreement over the certification order.
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10,896.
Eli Lilly Canada Inc. v. Canada (Minister of Health) - 2002 FCT 1248 - 2002-12-02
Federal Court Decisions[23] It must be recalled that Noël J. was dealing with a nasal spray intended for the treatment of inflammation of human nasal mucosa. [...] (3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité.
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10,897.
Riveros v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1009 - 2001-09-11
Federal Court Decisions(9.1) La décision doit faire état de l'absence de minimum de fondement, lorsque chacun des membres de la section du statut ayant entendu la revendication conclut que l'intéressé n'est pas un réfugié au sens de la Convention et estime qu'il n'a été présenté à l'audience aucun élément de preuve crédible ou digne de foi sur [...] In Sheikh, the Federal Court of Appeal was dealing with part of subsection 46.01(6) of the Immigration Act at a time when refugee determination was a two-stage process.
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10,898.
Rogers v. Canada (Correctional Service) - 2001-01-26
Federal Court Decisions56. (1) Il incombe au commissaire de prendre, dans le cadre de sa compétence, toutes les mesures visant à assurer la reconnaissance du statut de chacune des langues officielles et à faire respecter l'esprit de la présente loi et l'intention du législateur en ce qui touche l'administration des affaires des institutions [...] We are not dealing with the establishment of a past fact which in a civil court need only be proved on a balance of probabilities.
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10,899.
Hervé Pomerleau Inc. v. Canada. - 2000-05-31
Federal Court of Appeal DecisionsIn my opinion, since the "public notice" mentioned in paragraph 22.4 deals with the changing of a tax imposed by legislation, it is far from clear that the meaning to be given to these words is independent of the legislative process as Létourneau J.A. suggests. [...] In that event, clauses 22.2, 22.3 and 22.4 are intended to provide fair protection for both parties to the contract by allowing for a possible change in the tax rate and the fact that a bidder was, or was not, informed in good time of such a possibility so he could protect himself against the financial consequences that
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10,900.
Federated Co-operatives Ltd. v. The Queen - 2000-02-18
Tax Court of Canada JudgmentsHaving made the choice, New Grade would call back the broker who made the best bid to accept the bid and the deal would be done. [...] ... Question: Would it be fair to say that the investor or the purchaser of a banker's acceptance is purchasing that particular instrument on the strength of the bank that has accepted it as opposed to the particular circumstances of the drawer?