11,309 result(s)
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11,001.
Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC - 2020 FC 1 - 2020-01-02
Federal Court Decisions[42] Dealing with those issues at the outset, as is customary in patent infringement cases, affords certain benefits. [...] [199] At paragraph 54 of his infringement report, which deals with claim 44, Mr. Sheehan asserts that the NGA EpiPen’s needle cover is not “mounted to” the housing or outer body, because it is not “directly fixed” to it. [...] It’s fair to say, Ms. Armstrong, that the business plans we have been looking at certainly note a concern with competition; is that fair?
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11,002.
Canada (Public Services and Procurement) v. Canada (Information Commissioner) - 2024 FC 918 - 2024-06-17
Federal Court Decisions4 (1) Sous réserve des autres dispositions de la présente partie mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande: [...] These practices include that BGIS “ensure its subcontracting processes are open, transparent and fair”, and that there is proper documentation including as to the selection criteria for subcontractors. [...] [104] Good faith in contractual dealings is an organizing principle in the law of contracts: Bhasin v. Hrynew, 2014 SCC 71, [2014] 3 SCR 494, at paras 63-66, 69-71; Wastech, at paras 58, 62-64, 128.
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11,003.
Hutton v. Sayat - 2024 FC 601 - 2024-04-09
Federal Court DecisionsThis judge has fifteen years of experience in dealing with matters related to national security as well as related prior legal experience. [...] While Justice Fothergill found that additional disclosure may be warranted when there are allegations of bias or a breach of procedural fairness, he also noted that “it does not allow a person to engage in a fishing expedition in the hopes of discovering some documents to establish the claim.” Therefore, Justice Fothergill [...] • Preserve the Court’s powers to act further, when necessary, to adjust the vexatious litigant order, but only in accordance with procedural fairness.
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11,004.
Canada (Attorney General) v. Nasogaluak - 2023 FCA 61 - 2023-03-17
Federal Court of Appeal DecisionsI will next deal in turn with each of the first four conditions for certification, adding further background as necessary for context, and discussing in respect of each condition the decision of the motion judge, the issues raised on appeal, and whether the motion judge erred in determining the condition was met. [...] act with integrity, fairness and impartiality, and do not compromise or abuse their authority, power or position, [...] The record before her included an acknowledgment by the current Commissioner of the RCMP not only that systemic racism now exists within the RCMP, but also that “[t]hroughout [its] history and today, [it has] not always treated racialized and indigenous people fairly”: Statement by Commissioner Brenda Lucki dated June 12,
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11,005.
Canada (National Revenue) v. Sharp - 2022 FCA 138 - 2022-07-27
Federal Court of Appeal DecisionsThe required information related to bank accounts, credit cards, investment accounts and business dealings. [...] They are points on a continuum, and it is the responsibility of a motions judge, looking at the pleadings as a whole, to ensure that the pleadings define the issues with sufficient precision to make the pre-trial and trial proceedings both manageable and fair. [...] [80] As discussed above, a proper pleading must clearly state the facts giving rise to the cause of action so that the pre-trial and trial proceedings are manageable and fair (Mancuso at paras. 18-19).
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11,006.
Canadian Security Intelligence Services Act (CA) (Re) - 2020 FC 757 - 2020-07-27
Federal Court DecisionsThis finding formed part of the basis upon which the Court found that a body of Canadian jurisprudence dealing with information in foreign jurisdictions was distinguishable, because that jurisprudence did not involve the collection of information in violation of foreign law, international practice or the comity of nations. [...] 21 (1) Le directeur ou un employé désigné à cette fin par le ministre peut, après avoir obtenu l’approbation du ministre, demander à un juge de décerner un mandat en conformité avec le présent article s’il a des motifs raison- nables de croire que le mandat est nécessaire pour per- mettre au Service de faire enquête, au [...] Further, [the proposed collection method, in violating foreign domestic and/or international law |and/or the international law principle of non-intervention]| cannot be characterized as according with the principle of international comity and being consistent with objectives of order and fairness.
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11,007.
Bigstone Cree Nation v. Nova Gas Transmission Ltd. - 2018 FCA 89 - 2018-05-08
Federal Court of Appeal Decisions[38] Accordingly, I will now deal with Bigstone’s arguments going to the sufficiency and adequacy of the consultation, and assess them on a reasonableness standard. [...] After weeks of silence, unanswered emails and comments never provided by Bigstone despite its commitment to provide them, this letter is disingenuous and flies in the face of an objective and fair-minded appreciation of the parties’ conduct. [...] At best, it will be but one factor to determine if the consultations were meaningful; or, as stated in Platinex, “[t]he issue of appropriate funding is essential to a fair and balanced consultation process” (at para. 27).
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11,008.
Tremblay v. Orio Canada Inc. - 2013 FC 109 - 2013-01-31
Federal Court DecisionsThis finding may appear rigid, but it complies with the formal requirements of the Act. It was not enough for the representative of the defendant company (François Gagné) to avoid explicitly dealing with the issue of copyright with the plaintiff simply because, [translation] “in [his] head, it was very clear” (Summary Trial [...] d) s’il s’agit d’une œuvre littéraire, dramatique ou musicale, d’en faire un enregistrement sonore, film cinématographique ou autre support, à l’aide desquels l’œuvre peut être reproduite, représentée ou exécutée mécaniquement; [...] (6) Il est entendu que la cession du droit d’action pour violation du droit d’auteur est réputée avoir toujours pu se faire en relation avec la cession du droit d’auteur ou la concession par licence de l’intérêt dans celui-ci.
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11,009.
McIvor v. The Queen - 2009 TCC 469 - 2009-09-17
Tax Court of Canada JudgmentsThe difficulty with this argument is that in the circumstances of this case, it does not deal with the issue at hand, namely, whether the appellant’s employment income is his property on a reserve. [...] [54] Ms. Bolduc testified that the following was a fair description of AMP’s goals: [...] As this matter is currently before the Courts, your request for information and evidence directly related to the issues that the Court has been asked to determine is highly inappropriate and prejudicial to a fair and impartial hearing of these cases.
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11,010.
Hill v. The Queen - 2002-04-30
Tax Court of Canada JudgmentsThe Respondent attempted to distinguish the decision in Wawang on the basis that in Wawang the Court was dealing with payments under a construction contract being held back, and further, that there was no doubt the amounts held back were legally required to be paid. [...] To determine the contingency nature of the liability at any point in time could require an assessment of the fair market value of the property at that point with a comparison to the outstanding indebtedness. [...] If the value of the property surpasses the outstanding indebtedness in a limited recourse mortgage, how can it be found that there is any contingency; whereas, conversely, if the fair market value is significantly less than the outstanding indebtedness, such as the case at hand, it may be that the annual interest payable
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11,011.
Hill v. The Queen - 2002-04-30
Tax Court of Canada JudgmentsThe Respondent attempted to distinguish the decision in Wawang on the basis that in Wawang the Court was dealing with payments under a construction contract being held back, and further, that there was no doubt the amounts held back were legally required to be paid. [...] To determine the contingency nature of the liability at any point in time could require an assessment of the fair market value of the property at that point with a comparison to the outstanding indebtedness. [...] If the value of the property surpasses the outstanding indebtedness in a limited recourse mortgage, how can it be found that there is any contingency; whereas, conversely, if the fair market value is significantly less than the outstanding indebtedness, such as the case at hand, it may be that the annual interest payable
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11,012.
Canadian Union Of Public Employees v. Canadian Human Rights Commssion - 2001 FCT 840 - 2001-07-27
Federal Court Decisions[82] The Tribunal sought to clarify further the applicants' positions as to whether it was necessary to establish and deal with the concept of occupational segregation before addressing the issue of "establishment". [...] [88] While this provision confers on a Tribunal a broad discretion regarding the form of and the manner in which it receives evidence and releases it from the constraints of the general rules of evidence, the provision does not relieve the Tribunal of its obligations with respect to the principles of procedural fairness. [...] They argue that the Tribunal lacked jurisdiction to consider the application of the Canadian Bill of Rights to its enabling statute, and that the binding nature of the E.W.G.,1986 does not contravene the respondents' right to a fair hearing in accordance with the principles of fundamental justice, as guaranteed by
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11,013.
Canada v. Boloh 1(a) - 2023 FCA 120 - 2023-05-31
Federal Court of Appeal Decisions[10] In response to this Court’s questioning during oral argument of this appeal, one of the counsel for the respondents fairly admitted that the situation in northeastern Syria is “very difficult” and has “been described as a war zone”, “the record is replete with all kinds of potential issues and problems and risks that [...] The Federal Court said that the Government of Canada “must make a formal request” for the repatriation of the respondents (at para. 155), must provide appropriate travel documents to the respondents (at para. 145) and “must appoint” a delegate or a Government of Canada official to travel to Syria to deal with the handover
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11,014.
Agbeja v. Canada (Citizenship and Immigration) - 2020 FC 781 - 2020-07-30
Federal Court DecisionsInstead, the court reviews the decision to ensure the substantive and procedural fairness of the administrative process. [...] (b) Did the RAD’s decision unreasonably deal with the evidence on female genital mutilation?
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11,015.
Insurance Institute of Ontario v. M.N.R. - 2020 TCC 69 - 2020-07-24
Tax Court of Canada JudgmentsI think it would be fair to say that, by the time the period in question had arrived, the Institute offered the two courses taught by Mr. Barlow at times that it knew Mr. Barlow was available and that Mr. Barlow had a reasonable expectation that he would be retained to teach those courses. [...] The Respondent places a great deal of emphasis on these restrictions.
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11,016.
Laliberte v. Day - 2020 FCA 119 - 2020-07-13
Federal Court of Appeal DecisionsRather, they are means of assisting the court, in the unique context of each case, to determine the best interests of the class (along with fairness to the defendants and the access to justice, judicial economy, and behaviour modification goals of class proceedings): Mancinelli v. Barrick Gold Corporation, 2016 ONCA 571 at [...] The record also disclosed the initial omission of Non-Status Indians from the pleadings in the LMO action, the experience of counsel in the Day action in dealing with Non-Status Indian issues and communities, and their outreach efforts to both Métis and Non-Status Indian survivors of the Sixties Scoop concerning the current
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11,017.
Reducto v. Canada (Citizenship and Immigration) - 2020 FC 511 - 2020-04-14
Federal Court DecisionsRather, those interests must be “‘well identified and defined’ and examined ‘with a great deal of attention’ in light of all the evidence” (Kanthasamy at para 39, quoting Legault at paras 12 and 31 and referencing Kolosovs v Canada (Minister of Citizenship and Immigration), 2008 FC 165 at paras 9-12). [...] Exceptions can be made when a fair-minded person would consider it just and equitable to do so.
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11,018.
Lilly v. Apotex Inc. - 2019 FC 1463 - 2019-12-10
Federal Court DecisionsThe appeal is dismissed except with respect to the portion of the award dealing with damages in the form of interest. [...] It is fair to say that addition of the Lost Profits would have had a minimal impact of Lilly’s business operations or profitability.
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11,019.
Nova Tube Inc./Nova Steel Inc. v. Conares Metal Supply Ltd. - 2019 FCA 52 - 2019-03-22
Federal Court of Appeal Decisionsprinciple of statutory interpretation that legislation will be presumed to conform to international law, and stated (at para. 13) that “where [the Tribunal] has discretionary authority under SIMA, it must exercise such authority in a manner that is fair and that is consonant with Canada’s international trade obligations.” [...] Many of the requests for review received by the CITT deal with a discrete aspect of an order/finding, (e.g., requests for a product or country exclusion).
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11,020.
Canadian National Railway Company v. Scott - 2018 FCA 148 - 2018-08-08
Federal Court of Appeal Decisionsd’une ordonnance d’un office fédéral, rendue à tout stade des procédures, cette décision ou cette ordonnance ne peut, dans la mesure où elle est susceptible d’un tel appel, faire l’objet de contrôle, de restriction, de prohibition, d’évocation, d’annulation ni d’aucune autre intervention, sauf en conformité avec cette loi. [...] Whether the appellate jurisdiction is discretionary, whether the applicant feels the reviewing body is "ill-suited" to deal with the proposed appeal, and whether pursuing the appeal is economical, it is the existence of the right to appeal which forecloses this Court's jurisdiction under section 28.
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11,021.
Tang v. The Queen - 2017 TCC 168 - 2017-09-07
Tax Court of Canada JudgmentsIn addition, Mr. Tang observed that his communications expenses seemed unreasonably high and also fluctuated a great deal, with $18,222 in 2004, $10,605 in 2005, and $14,967 in 2006. [...] If the evidence leaves any doubt that the gross negligence penalties should be applied in the circumstances of the appeal, then the only fair conclusion is that the taxpayer must receive the benefit of the doubt in those circumstances.
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11,022.
Rouleau v. Canada (Attorney General) - 2017 FC 534 - 2017-05-31
Federal Court DecisionsThe Court should refrain from dealing with an issue that should have properly been put to the tribunal whose function is to review leave application and whose expertise is recognized by Parliament (see Alberta Teachers’ Association, paras 24 to 27). [...] If it is found that the expert is unable or unwilling to carry out his duty to the court to provide fair, non-partisan and objective assistance, the trial judge may rule the testimony inadmissible.
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11,023.
Struck v. The Queen - 2017 TCC 94 - 2017-05-29
Tax Court of Canada JudgmentsJason Chow, a CRA Business Valuator, determined the fair market value of the Corporation’s shares at the time of disposition. [...] the income of the individual or any other person—if the individual is an individual, other than an excluded trust in respect of the corporation, who does not deal at arm's length with, or is affiliated with, the shareholder, member of the partnership or contemplated shareholder, as the case may be; [emphasis added]
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11,024.
Robotx Solutions Inc. v. The Queen - 2017 TCC 73 - 2017-05-03
Tax Court of Canada JudgmentsThe first criteria, technological uncertainty, is one way of dealing with the technological advancement criteria; there can hardly be a technological advancement if one already knows how to achieve the end result; the second and third criteria are, inter alia, one way of ensuring that the work was undertaken for the purpose [...] The respondent acknowledged that the appellant had to work with fairly old equipment to make it compliant with current standards, but according to her, this did not amount to SR&ED work.
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11,025.
Lessard-Gauvin v. Canada (Attorney General) - 2016 FC 418 - 2016-04-15
Federal Court DecisionsIn this regard, since the applicant is seeking findings of constitutional invalidity, I see no point in relying on Section 110 of the Federal Courts Rules dealing with Questions of General Importance. [...] [46] The Court will depart from this approach when the basis for the challenge to the tribunal’s decision is connected to an allegation of bias or a breach of procedural fairness, and the documents required are relevant to the issue (Gagliano v. Canada (Commission of Inquiry into the Sponsorship Program and Advertising