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Moffat v. Canada (Citizenship and Immigration) - 2019 FC 896 - 2019-07-05

[47] There remains an issue as to whether the above test may be applied by administrative tribunals dealing with expert evidence.   [...]  Instead, the matter was decided on the basis of fairness principles, namely whether or not there was a reasonable apprehension that the decision-maker was biased.   [...]  [121] It is fair to conclude that medical experts retained by counsel have had their way with little constraint in the content and nature of the medical and psychological reports filed in refugee matters.

Shire Canada Inc. v. Apotex Inc. - 2016 FC 382 - 2016-04-07

The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably: Free World Trust at para 51.   [...]  I summarize them here and deal with each in detail below: a) Whether the blood plasma concentration on the Y-axis of Figure 7 refers to total amphetamine (meaning d-amphetamine and l-amphetamine) or just d-amphetamine.   [...]  The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.

Caterpillar Inc. v. Puma SE - 2021 FC 974 - 2021-09-22

Notwithstanding the pre-2017 legal statement, the Wetherald affidavit evidences sales of both CAT footwear and headgear in Canada as early as 2000 under Caterpillar’s control, with fairly substantial sales from then until 2017.   [...]  6 (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   [...]  In response to a requested undertaking, Mr. Beaupre clarified that Wolverine deals directly with its retailers, including online retailers.

Rozas del Solar v. Canada (Citizenship and Immigration) - 2018 FC 1145 - 2018-12-28

[58] Sections 110 and 111, reproduced above, deal with appeals from the RPD to the RAD. Subject to my comments with respect to paragraph 111(2)(b), I generally agree with the RAD’s finding that neither section 110 nor 111, nor the legislation as a whole, point to the need to show deference to the RPD’s findings of fact.   [...]  [58] First, Re: Sound was decided on the basis of procedural fairness, and does not provide for correctness with some deference as a standard.   [...]  [27] On the record before us, I conclude that there is a strong connection between the ability to see the face of a witness and a fair trial.

Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca) - 2015 FC 18 - 2015-01-07

If so, what remedy or remedies are fair and available to the Defendants as a result of that infringement?   [...]  It is his opinion that the financial statements tendered into evidence present the financial position and operations of the Plaintiff fairly.   [...]  [100] The evidence before me shows that the Plaintiff’s redtag metatags allegedly copied by the Defendants were substantially derived from a list of Google key words which are then incorporated into short phrases descriptive of travel industry types of travel, locations, and discounts or deals for consumers.

Rebel News Network Ltd. v. Canada (Elections) - 2023 FC 1650 - 2023-12-07

However, it endorsed spending limits as an essential means of promoting fairness in referenda and elections (Harper at para 61).   [...]  The overarching objective of the regime is to promote electoral fairness by creating equality in the political discourse.   [...]  The advancement of equality and fairness in elections ultimately encourages public confidence in the electoral system.

Alcon Canada Inc. v. Cobalt Pharmaceuticals Company - 2014 FC 149 - 2014-02-14

[6] The present application deals with the 0.2% concentration and was commenced on March 8, 2012.   [...]  [28] The 924 Patent also contains a number of examples, several of which provide results of experiments conducted by Alcon, which are more fully discussed in the section dealing with utility, below.   [...]  [167] Thus, viewed fairly, the evidence of both experts with respect to the 1300K grade PVP is not very different.

Delisle v. Canada (Attorney General) - 2006 FC 933 - 2006-07-28

(i) faire part au fabricant de la drogue nouvelle et au Directeur général des résultats de l'usage de la drogue au cours de l'urgence, y compris les renseignements se rapportant à toute réaction défavorable qu'il aura observée, et   [...]  In my view, in dealing with legislation of this nature, the courts should, wherever possible, avoid a narrow, technical construction, and endeavour to make effective the legislative intent as applied to the administrative scheme involved.   [...]  ¶ 62 Where Canadian law parts company with the developing English law is the assertion, which lies at the heart of the Coughlan treatment of substantive fairness, of the centrality of the judicial role in regulating government policy.

Fiddler Enterprises Ltd. v. Allied Shipbuilders Ltd. - 2003 FCT 463 - 2003-04-17

In this report, he deals with the possibility that the fire, which was described as an explosion and fireball, may have been caused by soot.   [...]  [147] A plaintiff meets the burden of proof as to the origin of a fire if the plaintiff produces evidence enabling a reasonable inference to be drawn as to the origin and excluding any other fair inference and a plaintiff must establish this on a balance of probabilities, as in any other civil action: see Elder v. Kingston   [...]  It is unnecessary for me to deal with the issue of damages. [175] The action is dismissed, with costs to the Defendant.

Janssen Inc. v. Pharmascience Inc. - 2023 FC 1464 - 2023-11-02

It is important for me to highlight though, that in my role as an Assessment Officer, I must avoid “stepping away from a position of neutrality to act as the litigant's advocate,” hence it is not my role to substitute absent submissions for a party due to procedural fairness (Dahl v Canada, 2007 FC 192 at para 2).   [...]  This being noted, I am also in agreement with Janssen regarding the importance of an expert’s experience in dealing with a specific area within a certain field of work.

Cheung’s Bakery Products Ltd. v. Easywin Ltd. - 2023 FC 190 - 2023-02-08

[32] The relevant dates can be found directly in the claimed grounds of invalidity, with the exception of paragraph 18(1)(d) which directs us to section 16 of the TMA which in turn deals with entitlement.   [...]  6 (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 produits liés à ces marques de commerce sont fabriqués, vendus, donnés à bail ou loués, ou que les services liés à ces

H-D U.S.A., LLC v. Varzari - 2021 FC 620 - 2021-06-17

to enter (electric bicycles); the continued infringement despite enforcement attempts by Harley-Davidson; the failure to respond to this litigation and thereby provide information relevant to the assessment of damages, prompting a negative inference; and the fairly high price point of the advertised electric bicycle.   [...]  selling, distributing, advertising, or otherwise dealing in goods or services in association with a trademark that is confusing with H-D USA, LLC’s registered trademarks TMA649,923; TMA640,988; TMA358,497, TMA528,480; and/or TMA980,318;

Kiflom v. Canada (Citizenship and Immigration) - 2020 FC 205 - 2020-02-05

[27] There is a wealth of jurisprudence dealing with extensions of time under IRPA, or under the Federal Courts Act and Rules.   [...]  I come back again to the question of fairness. It is unfair for some counsel to be proceeding on the basis that barring unforeseen events the time limits must be met and for others to be assuming that all they need do is plead overwork, or some other controllable event, and they will be granted at least one extension of