11,309 result(s)
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10,926.
Bell Canada v. 7265921 Canada Ltd. - 2018 FCA 174 - 2018-10-01
Federal Court of Appeal Decisions• (a) requiring an unreasonable rate (defined as other than fair market value); [...] [78] Fairly characterized, Bell’s argument is not a disguised attempt to challenge the merits of the regulatory scheme encompassed by the Code. [...] His reasons, which I have read in draft, comprise 163 paragraphs of which 64 (paragraphs 38 to 102) deal with the standard of review.
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10,927.
Canada (Human Rights Commission) v. Warman - 2012 FC 1162 - 2012-10-02
Federal Court Decisionsgroupe de personnes agissant d’un commun accord, d’utiliser ou de faire utiliser un téléphone de façon répétée en recourant ou en faisant recourir aux services d’une entreprise de télécommunication relevant de la compétence du Parlement pour aborder ou faire aborder des questions susceptibles d’exposer à la haine ou au [...] (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; [...] It sets out a complete mechanism for dealing with human rights complaints.
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10,928.
Rio Tinto Alcan Inc. v. The Queen - 2017 TCC 67 - 2017-04-26
Tax Court of Canada JudgmentsPour ce faire, il doit : a) soit être désigné à cette fin dans la déclaration de renseignements remplie en application de l’article 229 du Règlement de l’impôt sur le revenu pour l’exercice; [...] (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, [...] (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length,
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10,929.
Letnes v. Canada (Attorney General) - 2020 FC 636 - 2020-05-25
Federal Court Decisions44 Indépendamment de toute autre forme de réparation qu’elle peut accorder, la Cour d’appel fédérale ou la Cour fédérale peut, dans tous les cas où il lui paraît juste ou opportun de le faire, décerner un mandamus, une injonction ou une ordonnance d’exécution intégrale, ou nommer un séquestre, soit sans condition, soit [...] Concerns about procedural fairness or bias, the presence of an important legal or constitutional issue, or the fact that all parties have consented to early recourse to the courts are not exceptional circumstances allowing parties to bypass an administrative process, as long as that process allows the issues to be raised [...] Conversely, the fact that an important legal issue is at stake or that concerns about procedural fairness arise do not allow the Court to expand the exception to the rule against the judicial review of interlocutory administrative decisions (CB Powell at para 33; Singh v Canada (Public Safety and Emergency Preparedness),
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10,930.
Deri v. Canada (Citizenship and Immigration) - 2015 FC 1042 - 2015-09-02
Federal Court DecisionsWhen a particular “law” is being assessed for Charter compliance, on the other hand, we are dealing with principles of general application. [...] 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). [...] In my view the RPD fairly described the article. [78] The reference to employment, reads as follows:
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10,931.
Tradition Fine Foods Ltd. v. Group Tradition'l Inc. - 2006 FC 858 - 2006-07-10
Federal Court DecisionsIn cases where one or both parties elects to do so, the Court will have more latitude in dealing with the Board’s decision. [...] (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 liés [...] (3) L’emploi d’une marque de commerce crée de la confusion avec un nom commercial, lorsque l’emploi des deux dans la même région serait susceptible de faire conclure que les marchandises liées à cette marque et les marchandises liées à l’entreprise poursuivie sous ce nom sont fabriquées, vendues, données à bail ou louées,
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10,932.
Trojan Technologies Inc. v. Suntec Environmental Inc. - 2003 FC 825 - 2003-07-03
Federal Court DecisionsWe must look to the whole of the disclosure and the claims to ascertain the nature of the invention and methods of its performance, ... being neither benevolent nor harsh, but rather seeking a construction which is reasonable and fair to both patentee and public. [...] Counsel for Suntec urged that, on a construction of claims 36 and 42 which is reasonable and fair to both Trojan and Suntec, and more particularly on such a construction of the phrases and word in question in the context of those claims, the preferred embodiment of the invention as disclosed in the materials at Schedule A [...] He pointed out that the Glatthar Patent was the only one of the four (4) references to deal with a ballast, a central component identified in claim 36 of the patent in suit and therefore in related dependent claims 38 and 40.
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10,933.
JC Penney Co. Inc. v. Gaberdine Clothing Co. Inc. - 2001 FCT 1333 - 2001-12-04
Federal Court DecisionsThis case was decided in connection with s. 4(2) of the Trade Marks Act dealing with services which reads as follows: [...] I do not agree that, on a fair reading of MacEachern, those two small sales alone were accepted as previous use. [...] 5. Une personne est réputée faire connaître une marque de commerce au Canada seulement si elle l'emploie dans un pays de l'Union, autre que le Canada, en liaison avec des marchandises ou services, si, selon le cas:
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10,934.
Western Oilfield Equipment Rentals Ltd. v. M-I LLC - 2019 FC 1606 - 2019-12-23
Federal Court Decisions[70] On its own, the term “vapour” has a fairly uncomplicated meaning – air or gas containing suspended liquids. [...] The VSS is not configured to deal with hazardous gases or to separate vapours from drilling fluid. [...] [168] Further, Mr Palmer noted that Derrick does not deal with conveying air, vapour, and fluid to an external chamber for separation, or with a degassing chamber.
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10,935.
GF Partnership v. The Queen - 2013 TCC 53 - 2013-02-12
Tax Court of Canada JudgmentsIn 1989, the legislature responded by passing the old DCA. It came into force on November 23, 1989, and was designed to replace the patchwork system of subdivision agreements with a fair and consistent regime for the obtaining of financial contributions by developers to growth related infrastructure costs. [...] [79] The following is a typical provision in the Purchase Agreements dealing with NHRs (JBD, Tab 14). [...] [81] Dealing first with subsection 296(2.1), in my view it does not apply to Mattamy.
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10,936.
Harris v. Canada (Human Resources and Skills Development) - 2009 FCA 22 - 2009-01-26
Federal Court of Appeal DecisionsHer evidence was that he could only attend school for the equivalent of two days a week, and that she could not afford to hire a baby-sitter qualified to deal with Bradley’s special needs. [...] It is not fair to use the differences between people as an excuse to exclude them arbitrarily from equitable participation. [...] While we are dealing in this appeal with access to a government benefit, and the starting point is thus the purpose of the legislative provisions, a similar exercise is required where a claim is based on the effect of an impugned law or state action.
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10,937.
Ville de Québec v. The Queen - 2007 TCC 329 - 2007-11-09
Tax Court of Canada JudgmentsThe Appellant made submissions to the Canadian tax authorities based primarily on fairness and the text of the applicable collective agreements. [...] [13] The Appellant explained that following the decision in Fraser, the Agency had, beginning in the year 2000, changed its procedure for dealing with "advances". [...] Draft reasons for judgment dealing with the application of Part I of the Income Tax Regulations to the facts of this case were enclosed with the letter dated August 31, 1995 issued by the Deputy Registrar of this Court confirming the reopening of the hearing.
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10,938.
Quigley v. Canada (House of Commons) - 2002 FCT 645 - 2002-06-05
Federal Court DecisionsThe applicant submits that both are concerned with free speech and fair and accurate reporting, but not with dissemination after publication. [...] Furthermore, it is asserted that, as the exclusive source of such broadcast signals, the House is well-positioned to set contractual pre-conditions on its delivery of broadcast signals to CPAC and on CPAC's dealings with BDUs. The intervener also submits that a federal institution may not limit constitutional language [...] In any event, the respondents argue that the House is attempting to deal with the issue.
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10,939.
McDowell v. A Drip of Honey - 2024 FC 453 - 2024-03-25
Federal Court DecisionsI will deal with each in turn; however, I note from the outset that the Plaintiff’s submissions almost entirely relate to passing off. [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;
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10,940.
Li v. Canada (Citizenship and Immigration) - 2023 FC 1753 - 2023-12-22
Federal Court Decisions[13] On December 4, 2023, Mr. Li attended a “procedural fairness interview” to address the Officer’s concerns that he may be inadmissible to Canada pursuant to paragraph 34(1)(a) of the IRPA. [...] The Officer also noted that Mr. Li stated that he would prefer to study in Canada because he will have better opportunities to collaborate with industries and to deal with real-world problems.
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10,941.
Bayer Inc. v. BGP Pharma ULC (Viatris Canada) - 2023 FC 1325 - 2023-10-03
Federal Court Decisions[31] This dual purpose was noted by the Supreme Court of Canada in Bristol-Myers Squibb Co v Canada (Attorney General), 2005 SCC 26 [Biolyse] at paragraph 47, as a fair compromise between the important social interests in health (as represented by cheaper generic drugs) and the interests of patentees to protect their patent [...] [36] While there is no specific provision of the FDR that deals with a change in the name of a manufacturer during the review of a submission, the handling of such change is dealt with as a matter of policy.
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10,942.
Transport Car-Fré Ltée v. Canada - 2023 FC 1275 - 2023-09-22
Federal Court DecisionsThat paragraph deals exclusively with the issue of whether Gestion, which does not operate the transportation business as such, but which is nonetheless the employer, may also be considered subject to federal jurisdiction. [...] And without having to speculate on the issue, it seems fairly obvious that the worksite managed by Car-Fré failed to meet minimum health and safety standards, either federal or provincial.
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10,943.
Schnarr v. Markle - 2023 FC 1004 - 2023-07-21
Federal Court Decisions• [46]The Case Management Judge can also deal with setting other time limits as may be required. [...] a) déterminer le montant de la responsabilité et faire le nécessaire pour la constitution et la répartition du fonds de limitation correspondant, conformément aux articles 11 et 12 de la Convention;
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10,944.
Janssen Inc. v. Apotex Inc. - 2023 FC 912 - 2023-06-28
Federal Court Decisions[36] There will be no genuine issue for trial when the Court is able to make necessary findings of fact, apply the law to those facts, and achieve a fair and just determination on the merits of the claims (Hryniak v Mauldin, 2014 SCC 7 at para 49). [...] It would be just, expeditious and potentially less expensive to deal with these matters on this motion, rather than to delay the matters to trial, when the Court will be in no better position to assess the relevant undisputed facts and apply the law.
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10,945.
Janssen Inc. v. Apotex Inc. - 2022 FCA 184 - 2022-11-01
Federal Court of Appeal Decisions6 (3) La seconde [ici, Apotex] personne peut faire une demande reconventionnelle afin d’obtenir une déclaration : [...] [235] Given the consent of the Plaintiffs in this case, the parties found a more expeditious way to deal with non-asserted claims, none of which impact the Judgment in this case.
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10,946.
Reuven International Limited v. Canada (Attorney General) - 2022 FC 61 - 2022-01-19
Federal Court DecisionsThe Respondent emphasized that the section of the SFCR dealing with the recognition of foreign establishments is distinct from the non-compliance findings issued in relation to importers’ shipments — it is about Canada’s relationship with a foreign government, not a specific importer. [...] In doing so, Reuven asserts that the CFIA also breached Reuven’s procedural fairness rights in departing from established policy on inspection, failing to advise Reuven of the content of the CFIA’s internal deliberations and failing to provide Reuven with an opportunity to make submissions on the applicability of the
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10,947.
Bangloy v. Canada (Attorney General) - 2021 FCA 245 - 2021-12-30
Federal Court of Appeal DecisionsWe are not dealing with constitutional questions requiring answers on the correctness standard of review. [...] The appellant had the opportunity to present her case fully and fairly, and the Tribunal Decision addressed all of the central issues and concerns raised by her and Ms. Beattie.
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10,948.
Primeau v. Canada (Attorney General) - 2021 FC 829 - 2021-08-09
Federal Court Decisions[35] Interpreting VWBA subs. 56.5(1), the Board stated that there were several statutes that deal with disability claims for CAF and RCMP members. [...] This is connected to the principle of procedural fairness and the right of the parties to be heard, and listened to.
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10,949.
Rivera Benavides v. Canada (Citizenship and Immigration) - 2020 FC 810 - 2020-08-24
Federal Court DecisionsThis connects to the principle of procedural fairness and the right of the parties to be heard, and listened to. [...] and the importance of that conclusion to the RAD’s analysis of the means and motivation of the cartel to do so in Mexico City under the first prong of Rasaratnam, the RAD was obligated to deal with this issue, squarely, and to consider all the evidence of the cartel members’ searches for the applicants as detailed above.
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10,950.
Toth v. Canada (Citizenship and Immigration) - 2020 FC 431 - 2020-03-26
Federal Court DecisionsFurthermore, the RAD found that “The RPD conducted a thorough and lengthy analysis of the documentary evidence” of the Roma community in Hungary, and found that “the RPD reached its conclusion on state protection after a lengthy and fair analysis of all of the documentary evidence”. [...] It is reasonable to expect that the Principal Appellant, when specifically asked during his interview if he had ever had any dealing with the police in his home country, he did not state that he and his son had been harassed by them.