11,309 result(s)
-
11,101.
Moffat v. Canada (Citizenship and Immigration) - 2019 FC 896 - 2019-07-05
Federal Court Decisions[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.
-
11,102.
Turp v. Canada (Foreign Affairs) - 2018 FC 12 - 2018-01-09
Federal Court Decisions• j) An article from the Globe and Mail dated July 28, 2017, entitled “Saudi Arabia appears to be deploying Canadianmade armoured vehicles against its own citizens” and an article from CBC News dated July 28, 2017, entitled “Ottawa ready to review Saudi arms deals amid crackdown” (Exhibit J) – in reference to the facts [...] On the contrary, “[t]he power to strike out claims that have no reasonable prospect of success is a valuable housekeeping measure essential to effective and fair litigation. [...] [58] However, the Court found that the applicant could not raise procedural fairness issues, which includes the issues raised by the applicant regarding procedural errors and the Minister’s closed mind (Turp FC at paragraphs 31–32).
-
11,103.
Shire Canada Inc. v. Apotex Inc. - 2016 FC 382 - 2016-04-07
Federal Court DecisionsThe 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.
-
11,104.
Chan v. Canada (Employment, Workforce Development and Official Languages) - 2024 TCC 83 - 2024-06-17
Tax Court of Canada Judgments[40] Factually, the Respondent’s position is based on the notion that, to qualify as an RRIF under the provisions of the ITA and Income Tax Regulations,[5] the terms of an RRIF must provide for annual minimum withdrawals by the annuitant of a prescribed percentage of the fair market value of all properties held in [...] The Act does not consider benefits from a RRSP to be superannuation benefits even when property from a pension plan was transferred to the RRSP and neither are benefits from an IRA. The Act deals with pension and superannuation benefits separately from other retirement funds such as a RRSP. [...] But, this version of the preamble clearly acknowledges that income from the base calendar year may be subject to adjustment under provisions within the part of the OAS Act that deals with the GIS, such as pre-2007 versions of subsections 14(2) to (6) when they were still law.
-
11,105.
Caterpillar Inc. v. Puma SE - 2021 FC 974 - 2021-09-22
Federal Court DecisionsNotwithstanding 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.
-
11,106.
Tippett v. Canada - 2019 FC 869 - 2019-06-26
Federal Court Decisions(i) would fairly and adequately represent the interests of the class, [...] [82] The Defendant argues that the Plaintiff’s allegation of systemic negligence underlying the proposed class proceeding will require a great deal of pre-trial production and discovery work, which would be unnecessary if his allegation instead focused upon the actions of the Alleged Abuser and vicarious liability on the [...] These comments on the plan may be fair. However, the requirement is that the representative plaintiff has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and notifying class members as to how the proceeding is progressing.
-
11,107.
Rozas del Solar v. Canada (Citizenship and Immigration) - 2018 FC 1145 - 2018-12-28
Federal Court Decisions[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.
-
11,108.
Greenpeace Canada v. Canada (Attorney General) - 2016 FCA 114 - 2016-04-13
Federal Court of Appeal DecisionsIn dealing with any of the statutory criteria, the range of factual possibilities is practically unlimited. [...] a) verse au site Internet, avant de donner au public la possibilité d’examiner le rapport d’examen préalable et de faire des observations à son égard, une description de la portée du projet, des éléments à prendre en compte dans le cadre de l’examen préalable et de la portée de ceux-ci ou une indication de la façon [...] b) avant de prendre sa décision aux termes de l’article 20, donne au public la possibilité d’examiner le rapport d’examen préalable et tout document relatif au projet et de faire ses observations à leur égard et un avis suffisant de cette possibilité;
-
11,109.
Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca) - 2015 FC 18 - 2015-01-07
Federal Court DecisionsIf 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.
-
11,110.
Canada v. Delta Pride (The) - 2003 FCT 11 - 2003-01-13
Federal Court Decisions[39] When dealing with breakwaters, the primary concern was safety, both navigational and public. [...] He was totally fair when giving his evidence and he recanted, or at least softened, a previous statement. [...] (a) The breakwater was constructed in 1977 and by 1987 required fairly extensive work.
-
11,111.
Rebel News Network Ltd. v. Canada (Elections) - 2023 FC 1650 - 2023-12-07
Federal Court DecisionsHowever, 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.
-
11,112.
Janssen-Ortho Inc. v. Apotex Inc. - 2008 FC 744 - 2008-06-17
Federal Court DecisionsThis exercise is conducted in a purposive and not overly literal manner that is fair and reasonable to the patentee and the public. [...] (e) John J. Partridge has worked for the past 37 years in organic chemistry dealing with pharmaceuticals. [...] Dr. Kellogg, Apotex' witness, agreed that the ‘840 patent only deals with racemates.
-
11,113.
Alcon Canada Inc. v. Cobalt Pharmaceuticals Company - 2014 FC 149 - 2014-02-14
Federal Court Decisions[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.
-
11,114.
Allard v. Canada - 2016 FC 236 - 2016-02-24
Federal Court Decisions[6] The Plaintiffs are four individuals, who have a medical requirement for marihuana to deal with certain physical conditions from which they suffer. [...] [159] The Plaintiffs state that a fair summary of his findings is that availability of medical marihuana from LPs is sporadic, with many either out of stock or not accepting new customers. [...] [112] Overbreadth deals with a law that is so broad in scope that it includes some conduct that bears no relation to its purpose.
-
11,115.
Delisle v. Canada (Attorney General) - 2006 FC 933 - 2006-07-28
Federal Court Decisions(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.
-
11,116.
Little Black Bear First Nation v. Kawacatoose First Nation - 2024 FCA 119 - 2024-07-12
Federal Court of Appeal DecisionsSecond, the honour of the Crown is always at stake in its dealing with Indian people. [...] The Indigenous entitlement to social justice follows from the need to uphold the honour of the Crown in its dealings with Indigenous peoples. [...] Elements like concern for delay, fairness to the parties, urgency of providing a resolution to the dispute, the nature of the particular regulatory regime, whether the administrative decision maker had a genuine opportunity to weigh in on the issue in question, costs to the parties, and the efficient use of public resources
-
11,117.
Fiddler Enterprises Ltd. v. Allied Shipbuilders Ltd. - 2003 FCT 463 - 2003-04-17
Federal Court DecisionsIn 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.
-
11,118.
Matas v. Canada (Global Affairs) - 2024 FC 88 - 2024-01-23
Federal Court Decisions[21] Section 3 of the PA and subsection 19(1) of the ATIA therefore deal with information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing, information described in paragraphs (a) to (i) of section 3 of the PA. The information must be given a [...] e) communication à un organisme d’enquête déterminé par règlement et qui en fait la demande par écrit, en vue de faire respecter des lois fédérales ou provinciales ou pour la tenue d’enquêtes licites, pourvu que la demande précise les fins auxquelles les renseignements sont destinés et la nature des renseignements demandés;
-
11,119.
Janssen Inc. v. Pharmascience Inc. - 2023 FC 1464 - 2023-11-02
Federal Court DecisionsIt 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.
-
11,120.
Adelberg v. Canada - 2023 FC 252 - 2023-02-21
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] Pleadings should be drafted with sufficient clarity and precision so as to give the other party fair notice of the case they are required to meet and of the remedies being sought.
-
11,121.
Cheung’s Bakery Products Ltd. v. Easywin Ltd. - 2023 FC 190 - 2023-02-08
Federal Court Decisions[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
-
11,122.
Liang v. The Queen - 2022 TCC 55 - 2022-06-07
Tax Court of Canada Judgments(B) the total of all amounts each of which is the amount of any prescribed benefit that is expected to be received or enjoyed, directly or indirectly, in respect of the interest in the property, by the person or another person with whom the person does not deal at arm’s length. [...] It can fairly be said that this was his avocation. He has not convinced me that his predominant intention was to make a profit from his business activities.
-
11,123.
H-D U.S.A., LLC v. Varzari - 2021 FC 620 - 2021-06-17
Federal Court Decisionsto 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;
-
11,124.
Srikanthan v. Canada (Citizenship and Immigration) - 2020 FC 403 - 2020-03-23
Federal Court DecisionsIn dealing with this issue, the RPD shows it is fully aware, and has taken into account, the difficulties that the Applicant might have in explaining himself in an unfamiliar environment: [...] [69] There is a significant amount of fairly recent case law in this Court that says it is reasonable for the RPD to draw a negative inference from the fact that a claimant was able to leave Sri Lanka using his or her own passport.
-
11,125.
Kiflom v. Canada (Citizenship and Immigration) - 2020 FC 205 - 2020-02-05
Federal Court Decisions[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