11,309 result(s)
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11,026.
Bell Canada v. Amtelecom Limited Partnership - 2015 FCA 126 - 2015-05-19
Federal Court of Appeal DecisionsIn such a case, fairness to the parties requires that the reviewing court undertake its own standard of review analysis and, if it concludes that the applicable standard is reasonableness, assess the reasonableness of the decision. [...] The Code contains a large number of other provisions dealing with consumer choice and consumer protection.
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11,027.
Caithkin Inc. v. The Queen - 2014 TCC 80 - 2014-03-24
Tax Court of Canada JudgmentsFor example, the manual sets out Caithkin’s policies on disciplining foster children, reporting behavioural issues, dealing with criminal conduct and communicating with the foster child’s natural parents. [...] [1] The Provincial Ministry appears to have changed its name fairly frequently over the years.
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11,028.
Leuthold v. Canadian Broadcasting Corporation - 2012 FC 1257 - 2012-10-29
Federal Court Decisionsf) any other order that this Honourable Court could consider fair and reasonable. [...] [34] Dealing next with her refusal of the Defendants’ offer, the Plaintiff asserts that the Defendants did not provide her with sufficient and reliable information concerning the Defendants’ advertising and subscription revenues as well as the number and scope of the infringements.
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11,029.
Marr v. Canada (Citizenship and Immigration) - 2011 FC 367 - 2011-03-28
Federal Court Decisions[2] One of the central issues in this application is the interpretation of s. 78 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (Regulations), which deals with the points to be awarded to applicants for their educational accomplishments. [...] Basic fairness and common sense suggest that if a visa officer, within days of rendering a negative decision on an application that has been outstanding for many years, receives a document confirming information already before the officer that materially affects the result of the application, then he or she should exercise
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11,030.
Piersanti v. The Queen - 2010 TCC 430 - 2010-08-20
Tax Court of Canada JudgmentsQuestions 122, 152 and 161 deal with publicly available corporate profile reports relating to corporations over which the Appellant had control. [...] Although I am not awarding elevated costs, let this be fair warning to the Appellant’s counsel that unless he complies with the timelines I have established, he may well be faced with not only elevated costs but greatly elevated costs in the next round.
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11,031.
Entral Group International Inc. v. MCUE Enterprises Corp. (Di Da Di Karaoke Company) - 2010 FC 606 - 2010-06-03
Federal Court Decisionsd) s’il s’agit d’une oeuvre littéraire, dramatique ou musicale, d’en faire un enregistrement sonore, film cinématographique ou autre support, à l’aide desquels l’oeuvre peut être reproduite, représentée ou exécutée mécaniquement; [...] iv.As well as the Works that have been identified and used as an efficient way to bring this action and deal with the problem caused by the Defendants’ infringing conduct, there is also evidence of much more widespread infringement by the Defendants and abuse of the Plaintiffs’ rights in hundreds of other works;
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11,032.
Boisvert v. Canada (Attorney General) - 2009 FC 735 - 2009-07-20
Federal Court DecisionsAlthough that argument strikes me as baseless and was not advanced with much conviction, I will deal with it briefly in these reasons. [...] That seems to me to be fully in keeping with the requirements of procedural fairness, especially since the the Armed Forces are not allowed to appear or to make written submissions before the appeal panel.
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11,033.
Lord Rothermere Donation v. The Queen - 2009 TCC 70 - 2009-02-03
Tax Court of Canada Judgmentsou la partie de ce montant dont elle n'était pas redevable, à moins qu'elle ne soit tenue de faire un paiement à Sa Majesté du chef du Canada, ou soit sur le point de l'être, auquel cas le ministre peut appliquer le montant par ailleurs payable selon le présent paragraphe à ce paiement et avise la personne en conséquence. [...] All these decisions deal with the Latin expression mutatis mutandis (Latin expression) which, in counsel's view, is equivalent to the disputed expression, which has been used in the Act since the amendment made to subsection 227(7) in 1985.[7] The part following paragraph (b) in subsection 227(7) formerly read as follows:
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11,034.
Thomas v. Canada (Citizenship and Immigration) - 2007 FC 838 - 2007-08-13
Federal Court DecisionsWhere the issue raised is one of procedural fairness, such as the adequacy of reasons, the standard of review is correctness, and the pragmatic and functional approach need not be applied: Adu v. Canada (Minister of Citizenship and Immigration), 2005 FC 565 at para. 9; Canadian Union of Public Employees (C.U.P.E.) v. [...] As noted by the Court in Kasturiarachchi at paragraph 17, “[a]lthough the court was dealing with crimes against humanity in the context of admissibility, the discussion, in my view, is equally applicable to the issue of exclusion.”
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11,035.
Altana Pharma Inc. v. Novopharm Limited - 2007 FC 637 - 2007-06-14
Federal Court DecisionsHopefully, we will find a more efficient way of dealing with these so-called “summary proceedings” given that, in this case, the need to limit the hearing to seven days meant that the Court had to review more than 100 cases as well as a very substantial amount of evidence after the hearing. [...] Although the Applicants’ attempt to identify some fifty infringement issues is obviously contrived, it is fair to say that if infringement is not a single issue, then there are at most two infringement issues: the first going to infringement of the use claims of both patents, and the second going to infringement of the
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11,036.
Scott Paper Ltd. v. Canada - 2005 FC 1354 - 2005-10-03
Federal Court Decisionsin the present case would result in an impermissible double-standard, amounting to a breach of the Defendant's obligation to treat similarly situated taxpayers in a similar manner, as discussed in Mitchell et al. v. Canada (Attorney General) (2002), 296 N.R. 259 (F.C.A.) and the CCRA's "Fairness Pledge" and Policy. [...] When dealing with ... piecemeal legislation such as the Excise Tax Act, ... which, unlike, for example, the Income Tax Act, has no coherent structure and contains no basic rules to start with and which is amended on a routine basis to accommodate or redress specific situations in a constantly evolving commercial reality,
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11,037.
Aventis Pharma Inc. v. Mayne Pharma (Canada) Inc. - 2005 FC 1183 - 2005-08-31
Federal Court DecisionsIn other words, the first person is forced to deal with the allegations made in the detailed statement provided by the second person (Mayne Pharma (Canada) Inc. v. Aventis Pharma Inc. et al (2005), 38 C.P.R. (4th) 1 (F.C.A.)). [...] [¼] [...] [¼] In Catnic, as in the earlier case law, the scope of the monopoly remains a function of the written claims but, as before, flexibility and fairness is achieved by differentiating the essential features ("the pith and marrow") from the unessential, based on a knowledgeable reading of the whole specification
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11,038.
Pashulya v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1275 - 2004-09-17
Federal Court Decisions[38] Although the Applicant argues strenuously that the Officer erred in not considering his H & C application under the former IP-5 guidelines (because these guidelines were in effect when he submitted his application), this Court's recent Osadolor decision has made it clear that it is fair and correct for Immigration [...] The Decision necessarily deals with the different matters referred to in the guidelines as applied to the specific facts on the application.
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11,039.
Canadian Pacific Railway Co. v. Clerk - 2004 FC 715 - 2004-05-18
Federal Court Decisions(3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority. [...] 241. (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l'employeur de lui faire connaître les motifs du congédiement; le cas échéant, l'employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande.
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11,040.
Ominayak v. Returning Officer for the Lubicon Lake Indian Nation Election - 2003 FCT 596 - 2003-05-14
Federal Court DecisionsThis right to a hearing reflects that, within an autonomous process for electing band governments, minimum standards of natural justice or procedural fairness must still be met. [...] [46] Dealing with each of those items, the evidence failed to establish any close personal friendship between the Chief Electoral Officer and any of the Chief, councillors, membership clerk or band consultant.
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11,041.
Barlow v. Canada - 2000-03-03
Federal Court Decisions(d) regional and economic fairness issues; and (e) evidence relating to the need to avoid the type of civil unrest that took place in New Brunswick between September 17 and October 22, 1999. [...] [52] As a preliminary matter, it appears that the issue of standing and the fourth issue raised by the respondents, the failure of the plaintiffs to name all persons directly affected in the originating notice of motion, are closely related and therefore I shall deal with them together.
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11,042.
Marklib Investments II-A Ltd. v. The Queen - 1999-10-27
Tax Court of Canada Judgments[12] In addition, Mr. Barry Lebow, an expert witness, testified for the appellant as to the fair market value (FMV) of the buildings in 1990. [...] Judge Bowman and this Court have both referred to this section of the IT-128R, as have other judges, when dealing with the issue of capital versus current expenditures.
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11,043.
Apotex Inc v. Shire LLC - 2018 FC 637 - 2018-06-29
Federal Court Decisions• (b) adherence to the language of the claims allows them to be read in the manner the inventor is presumed to have intended, and in a way that is sympathetic to accomplishing the inventor’s purpose, which promotes both fairness and predictability; and [...] • (c) the whole of the specification should be considered to ascertain the nature of the invention, and the construction of claims must be neither benevolent nor harsh, but should instead be reasonable and fair to both the patentee and the public. [...] [158] Subsection 55.2(6) of the Patent Act preserves the common law experimental use and fair dealing exemptions that permit manufacturers to make and use a patented invention in the course of experimental research and development work designed to establish and implement a commercial process or product made in accordance
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11,044.
Norton v. The Queen - 2010 TCC 62 - 2010-02-02
Tax Court of Canada JudgmentsIt includes not merely any assets in which the taxpayer deals but also any asset that he acquires and subsequently disposes of, even in an isolated transaction, through an “adventure in nature of trade” (see 7.02(3) (g)). [...] Since these assets were acquired from Gregory Norton’s father, the amount paid may not be the best indication of fair market value. [...] There was no evidence to establish how the amount paid by the Appellants to Gregory Norton’s father would compare to the fair market value of these assets.
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11,045.
Kwan v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 971 - 2001-08-30
Federal Court DecisionsThe amendments extend the eligibility of an adopted child for purposes of immigration to children under nineteen years of age, thus bringing the adoption provisions in line with the other immigration provisions dealing with sponsorship of children and dependency. [...] This sampling was thought to be fairly representative of the situation in the Region. [...] [43] Parliament considered retaining the status quo to prevent abuse, but concluded that an approach which balanced considerations of equality, fairness, the welfare of the child, and some abuse of immigration requirements, was needed.
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11,046.
Imperial Oil Ltd. v. Lubrizol Corp. - 2000-06-12
Federal Court DecisionsIn dealing with Lubrizol"s action, I will also refer to and discuss proceedings commenced by Lubrizol in the United States. [...] [31] In his affidavit, Dr. Billmeyer deals only with the Mn of Parapol 2200. [...] This view, on my understanding of the evidence, is indeed a fair assessment of what has happened.
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11,047.
Janssen Inc. v. Apotex Inc. - 2019 FC 1355 - 2019-10-29
Federal Court Decisions[62] It is fair to say that in large measure Apotex has met the burden of “an air of reality” on the issue of validity. [...] To be obvious to try, a POS just needs to have a fair expectation of success, but does not need to be able to predict success with certainty: AstraZeneca Canada Inc v Teva Canada Ltd, 2013 FC 245 at para 43, 428 FTR 269. [...] Apotex’s basic contention is that there is no nexus between ZYTIGA and the 422 Patent and therefore the Patent cannot be listed because PN’s role is to deal with side effects, not cancer treatment.
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11,048.
Bristol-Myers Squibb Canada Co. v. Mylan Pharmaceuticals ULC - 2012 FC 1142 - 2012-09-27
Federal Court DecisionsThe Court must take a fair and generous view as to what sort of person comprises a person skilled in the art. [...] [64] Notwithstanding the above finding, I will deal with Mylan’s inutility allegation on the merits. [...] 507 Q. Fair enough. I understand that to be your answer. I want to make sure I understand how your opinion hangs, so to speak.
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11,049.
Abinader c. La Reine - 2007 TCC 111 - 2007-02-23
Tax Court of Canada JudgmentsThe appellant is pleading the expiry of the limitation period and invoking procedural fairness, and questions the relevance of similar facts referred to by some of the respondent's witnesses. [...] A. In fact, it wasn't my money that they were dealing with, it was money from . . . it was money from the donations, not my own money. [...] Procedural fairness [116] Counsel for appellant brings up a series of events that allegedly occurred from August 13 to September 13, 2002, when the Minister confirmed the assessment.
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11,050.
Allergan Inc. v. Apotex Inc. - 2022 FC 260 - 2022-02-23
Federal Court DecisionsOther claims (the use claim set) deal with the product’s use for the treatment of osteoporosis. [...] [220] Although the parties each submit that the experts supported their respective views on construction, the experts were fairly consistent. [...] As acknowledged by Allergan, some formulations of BR 601 would overlap with the ‘188 Patent, but arriving at these formulations would require a great deal of trial and error and experimentation.