11,309 result(s)
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11,051.
AstraZeneca Canada Inc. v. Pharmascience Inc. - 2012 FC 1189 - 2012-10-11
Federal Court Decisions[165] The evidence shows that Dr. Desbrières’ tests deal with five different subtypes of low-viscosity HPMC rather than tests of different batches of the same subtype. [...] ... The court should, therefore, in construing a specification, be the fair and impartial arbitrator between the patentee and the public. [...] * the requirement is that the claims be fairly based on the patent disclosure (para. 59);
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11,052.
Propak Systems Ltd. v. The King - 2022 TCC 153 - 2022-12-02
Tax Court of Canada Judgments(a)may prejudice or delay the fair hearing of the appeal; (b)is scandalous, frivolous or vexatious; [...] [81] The Tax Court has no jurisdiction to deal with an issue that was not properly raised in the notice of objection. [...] The Federal Court of Appeal stated “...notwithstanding the pleadings, the Tax Court, in an appeal involving a "specified person", has no jurisdiction to deal with an issue that was not properly raised in the notice of objection”, paragraphs 17, 13 and 14.
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11,053.
Westcoast Energy Inc. v. The Queen - 2020 TCC 116 - 2020-10-28
Tax Court of Canada Judgments[30] In Brasserie Labatt, Justice Teskey noted that “Sections 174 and 175 [of the ETA] are very similar although the former deals with allowances while the latter with reimbursements.” [18] As set out above, subparagraph 174(a)(iv) refers to supplies of property or services acquired by an employee “in relation to activities [...] And, obviously, if it didn’t, I would need to deal with it, saying, I didn’t go for that service, so they’re – they’re probably a fraudulent claim, et cetera, but -- and then in my massage therapist’s case, she gets paid directly from Manulife on my behalf, and I get a note when the payment is made. [...] [49] Although most dentists and pharmacists used direct billing, most of the other health care providers, including paramedical providers, generally did not use direct billing, as it was “a fairly new and recent thing....” [50] Mr. DeBoer did state that direct billing was becoming more prevalent; [51] however, that
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11,054.
Kang v. The Queen - 2015 TCC 18 - 2015-01-27
Tax Court of Canada Judgments. . . 381 [translation It should be noted that the appellants are basing their argument regarding the inconsistency of the assessments on a body of case law that does not contain any decision about assessments made using indirect audit methods, in cases dealing with the appearance of large amounts of cash knowingly hidden [...] [197] The urgency, the lack of information and the other constraints that the auditor had to deal with could have affected the quality and perhaps the outcome of her work, even assuming the irreproachable cooperation of the persons concerned by the possible assessments. [...] [199] I therefore conclude that the position submitted by counsel for the respondent appears to me to be fair, reasonable and appropriate, particularly since it is clearly confirmed by a preponderance of the evidence.
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11,055.
Apotex Inc. v. Sanofi-Aventis - 2010 FC 182 - 2010-02-18
Federal Court DecisionsHow that assumption will impact the case management of this matter will become apparent as I deal with the various aspects of these motions.” [...] The Apotex Defendants also plead and rely upon subsections 55.2(1) and (6) of the Patent Act, as they read at all material times, dealing with the manufacture, construction, use or sale (collectively, for the purposes of paragraphs 83 to 84, “use”) of a patented invention relating to the development of regulatory [...] Apotex would also use those new facts to argue that preclusion of action outside the U.S. should be an implied term of the May 2006 Agreement, based on the presumed intention of the parties, in order to give it business efficacy or as necessary to a fair functioning of the Agreement.
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11,056.
Monsanto Canada Inc. v. Rivett - 2009 FC 317 - 2009-03-26
Federal Court DecisionsHe also spoke to the enforcement mechanisms that have been put in place to track and deal with infringers of the ‘830 Patent. [...] This is said to be possible when dealing with higher life forms such as the ROUNDUP READY® seed which is more likely to escape from a planted field onto other land. [...] We have no evidence whether Mr. Rivett would have used bulk or bagged seed, and accordingly it is fair that the calculation be based on bulk seed as it generates the greatest profit differential.
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11,057.
Eli Lilly Canada Inc. v. Novopharm Limited - 2009 FC 235 - 2008-03-19
Federal Court DecisionsShe formed her own company and deals in the filing of New Drug Submissions and Abbreviated New Drug Submissions with Health Canada. [...] It was also conceded by all Counsel at the hearing that claim 7, which deals with a particular use of the product, is not of concern in these proceedings. [...] This construction is to be conducted in a purposive manner so as to endeavour to be fair to both the patentee and the public of the decision of Binnie J. for the Court in Whirlpool Inc. v. Camco Inc., [2000] 2 S.C.R. 1067:
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11,058.
Royal Winnipeg Ballet v. Canada (Minister of National Revenue) - 2006 FCA 87 - 2006-03-02
Federal Court of Appeal DecisionsThe importance of this to the RWB is that the RWB has no obligation to pay employment insurance premiums or make contributions to the Canada Pension Plan for the dancers unless they are employees of the RWB. Although this case deals with only three dancers for a limited period of time, it is anticipated that as a practical [...] It deals with a number of issues relating to self-employed artists engaged in work that is within federal legislative jurisdiction. [...] He found that test not to be a fair one because it will necessarily result in a finding of employment if the parties have developed a relationship of mutual dependence.
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11,059.
Montréal (City) v. Montréal Port Authority - 2007 FC 701 - 2007-07-05
Federal Court DecisionsThis is contrary to section 6 of the CCPR and to the purpose of the PLTA, which provides for fair and equitable payments to municipalities. [...] The interpretation suggested by the applicant would mean that the regulation has a broader scope than the Act, which would be contrary to the purpose of the PLTA, namely, to provide for fair and equitable payments. [...] 2.1 The purpose of this Act is to provide for the fair and equitable administration of payments in lieu of taxes.
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11,060.
President's Choice Bank v. The Queen - 2022 TCC 84 - 2022-07-19
Tax Court of Canada Judgments(iv) monitoring another person’s payment record or dealing with payments made, or to be made, by the other person, [...] • monitoring another person’s payment record, or dealing with payments made, or to be made, by the other person. [...] [146] The Appellant, in its written and oral submissions, relies a great deal on CIBC (Visa).
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11,061.
Prairie Acid Rain Coalition v. Canada (Minister of Fisheries and Oceans) - 2004 FC 1265 - 2004-09-16
Federal Court DecisionsThe triggers found in paragraphs 5(1)(a), (b), and (c) of CEAA relate to the exercise of the government's powers to act as a natural person (proponent) - (a), to spend government funds - (b), or to deal with its own property - (c). [...] In the Hydro-Quebec case, the NEB was dealing with an application for a licence to construct and use an international power transmission line. [...] But para. 16(1)(a) deals with "cumulative effects" so that, as Rothstein J. pointed out, it is "implicit in a cumulative effects assessment that both the project as scoped and sources outside that scope are to be considered."
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11,062.
Grenke v. DNOW Canada ULC - 2018 FC 564 - 2018-05-31
Federal Court DecisionsAs indicated earlier, Cohen’s evidence was generally preferred as it was a better attempt to find fair and reasonable damages. [...] There is no reason to believe that increased advertising would be necessary to deal with increased revenue. [...] It is particularly relevant that GrenCo had market strength because of its technology and also important is that all the evidence suggests Grenke would have been an unwilling seller, difficult to deal with, and prepared to push the limits of “reasonableness” to the edge (and perhaps over).
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11,063.
Conseil des Innus de Pessamit v. Riverin - 2017 FC 934 - 2017-10-19
Federal Court DecisionsThe 2010 Conseil was facing a done deal [93] The adjudicator was correct in stating that Vice‑Chief Benjamin supported Uapats by allowing it to obtain the contract with Résolu or Rexforêt, but it seems that, when he learned about the existence of a conflict of interest in June 2012, he was facing a done deal. [...] The evidence strongly suggests that the purpose of concealing the respondent’s interests in Uapats was to present the Conseil with a done deal: an agreement already entered into that would immediately employ members of the community to prevent the Conseil from considering other competitors. [...] Such facts are related to the duty to act fairly, an issue that is not disputed in this case.
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11,064.
Felipa v. Canada (Citizenship and Immigration) - 2010 FC 89 - 2010-01-26
Federal Court Decisions... ... section 99 prevents us from dealing with the tenure of office of superior court or high court judges. [...] This change in the law can be made without any constitutional amendment since we are not dealing here with judges who were appointed pursuant to section 96 of the British North American Act.[18] [...] 92. Dans chaque province la législature pourra exclusivement faire des lois relatives aux matières tombant dans les catégories de sujets ci-dessous énumérés, savoir:
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11,065.
ITV Technologies Inc. v. WIC Television Ltd. - 2003 FC 1056 - 2003-09-10
Federal Court DecisionsIt also tendered a number of patents dealing with inventions for industrial television, and patents for inventions that used the letters ITV as an acronym. [...] [97] Distinctiveness of a trade-mark deals with whether or not the mark when used in association with the wares, distinguishes for the consumer the source of those wares. [...] The evidence establishes that the letters ITV were used to represent various meanings dealing with television, such as independent television, Internet televison, interactive television, and informational television.
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11,066.
UPL NA Inc. v. AgraCity Crop & Nutrition Ltd. - 2022 FC 1422 - 2022-11-10
Federal Court DecisionsThey adopt a fair and objective approach. They read the patent and the prior art trying to understand what the author meant. [...] [31] The Patent Act promotes adherence to the language of the claims, which in turn promotes fairness and predictability (Free World Trust at paras. 31(a), (b) and 41). [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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11,067.
Canada v. Obodzinsky - 2003 FC 1080 - 2003-09-19
Federal Court DecisionsLa communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé.(3) A decision of the Court made under subsection (1) is final and, notwithstanding any other Act of Parliament, no appeal lies therefrom. [...] Consequently, the delay affected his right to present a defence and the fairness of the hearing to be held and constituted an abuse by the plaintiff. [...] The defendant argued that certain comments and records were inadmissible on the ground that his expert witness report made no mention of them and did not deal in any way with these records.
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11,068.
Urbanowski Estate v. The King - 2024 TCC 6 - 2024-01-31
Tax Court of Canada Judgments[19] As is the Court’s practice when dealing with a large group of appellants who have participated in the same scheme or tax shelter, a case management judge was appointed to manage the appellants who had participated in the Fiscal Arbitrators and/or DeMara scheme. [...] The Court’s procedures ensure that each appellant is treated fairly and is provided with the opportunity to have their day in court.
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11,069.
MF Electric Incorporated v. The King - 2023 TCC 60 - 2023-05-09
Tax Court of Canada Judgments[9] I think it is fair to say that, stripped to its bare essentials, the Appellant’s position is that any false statements it made in filing its returns are attributable to Doug Rudolph with whom the MacInnises, described by counsel for the Appellant as unsophisticated, working-class, simple people, had built a long-term [...] [48] In cases dealing with penalties assessed under subsection 163(2), and although not an exhaustive list, the courts have considered the following personal attributes and particular circumstances to be relevant: education, intelligence, knowledge and experience of the taxpayer; the magnitude of the advantage or omission;
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11,070.
Zhuk v. Canada (Attorney General) - 2022 FC 1215 - 2022-08-19
Federal Court DecisionsMy impression, based on the record and the unfolding before me of this assessment of costs, including a teleconference in advance to set parameters for the exchange of materials, is that these litigants may have had general difficulties in dealing with one another in turn possibly inducing higher costs than normal. [...] To award costs in these circumstances would be a breach of the duty of fairness because it would subject the party against whom they are awarded to a liability when the party had had no notice or an opportunity to respond: see, for example, Nova Scotia (Minister of Community Services) v. Elliott (Guardian ad litem of)
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11,071.
Campeau v. Canada - 2021 FC 1449 - 2021-12-20
Federal Court DecisionsSection 50(1)(a) deals with a specific circumstance when it may not be in the interests of justice to allow a proceeding to continue—namely, when the claim is being pursued in another jurisdiction. [...] Uniting these claims in one court would avoid the potential for inconsistent findings of fact and liability and would avoid the possibility of the Defendant paying more than its fair share of damages; and
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11,072.
Khir v. Canada (Citizenship and Immigration) - 2021 FC 160 - 2021-02-18
Federal Court DecisionsJustice Evans concluded in that case that the evidence was not of sufficient importance or probative value that the decision maker’s reasons had to deal with it expressly. [...] As factual matters, both points are fair game for consideration. It is therefore not necessary to consider the legal issue raised by the applicants as to whether re-availment is a proper consideration on an H&C application.
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11,073.
Canada (Attorney General) v. Meng - 2020 FC 844 - 2020-08-20
Federal Court Decisions[54] Counsel submit that a great deal of information regarding the manner of Ms. Meng’s arrest has already been made public and the disclosure of additional information of the same type could not likely cause injury. [...] [62] Counsel further submit that there is a public interest to be considered over and above the public interest in the fair trial of Ms. Meng, which includes human rights and the open court principle.
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11,074.
Latham v. Canada - 2020 FC 670 - 2020-06-04
Federal Court Decisions58. Fourth, an appropriate and just remedy is one that, after ensuring that the right of the claimant is fully vindicated, is also fair to the party against whom the order is made. [...] [92] My decision is meant solely to deal with the running of procedural timelines going forward, and is to have no impact on the timeliness of Mr. Latham’s initial filing of his application for judicial review on March 10, 2020, or on the validity of the notice of appearance already filed by the Respondent.
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11,075.
Weldemariam v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 631 - 2020-05-20
Federal Court DecisionsThe reasonableness standard is meant to ensure that “courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] While the case before me deals with inadmissibility pursuant to paragraph 34(1)(a) of the IRPA, rather than the relief provisions set forth in paragraph 42.1, I find that the principles set out by the Supreme Court of Canada (SCC) in Agraira [footnote omitted] with regard to the meaning of the expression “contrary to the