11,309 result(s)
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11,126.
Pfizer Canada Inc. v. Amgen Inc. - 2019 FCA 249 - 2019-10-04
Federal Court of Appeal Decisions6(3) La seconde personne peut faire une demande reconventionnelle afin d’obtenir une déclaration : [...] Futility of the proceedings at issue (the plain and obvious test) is not the correct test in dealing with motions of abuse of process because proceedings which constitute an abuse of process are not necessarily futile.
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11,127.
Huang v. Canada (Citizenship and Immigration) - 2016 FC 163 - 2016-02-10
Federal Court Decisions107. (2) Si elle estime, en cas de rejet, qu’il n’a été présenté aucun élément de preuve crédible ou digne de foi sur lequel elle aurait pu fonder une décision favorable, la section doit faire état dans sa décision de l’absence de minimum de fondement de la demande. [...] [60] The Applicants argue that, when dealing with the sur place aspect of their claim, the Board simply relied upon its credibility finding related to China and provided no real assessment of the genuineness of the Principal Applicant’s Falun Gong faith as evidenced by his activities in Canada.
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11,128.
Ismailov v. Canada (Citizenship and Immigration) - 2015 FC 967 - 2015-08-13
Federal Court Decisions[8] After informing the Applicant that he should return the 3 billion Uzbeki soms or face 18 years in prison for his involvement with the company, the officer offered the Applicant a deal if he testified against Mr. Abdusalyamov in a manner to be stipulated by the officer. [...] Thus, the RAD breached procedural fairness by failing to take this highly material documentary evidence into consideration when assessing the RPD’s credibility findings.
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11,129.
Rio Tinto Alcan Inc. v. Québec Silicon Limited Partnership (QSLP) - 2015 FCA 72 - 2015-03-16
Federal Court of Appeal Decisionse) si les marchandises sont importées sur le marché national à des prix qui auront vraisemblablement pour effet de faire baisser ou de comprimer de façon marquée les prix de marchandises similaires et d’accroître la demande en importations additionnelles de ces marchandises; [...] [58] In its threat of injury analysis, the Tribunal did not appear to specifically deal with the question of whether the Lockout was an “other factor”, as contemplated by subparagraph 37.1(3)(b)(iv) of the SIMR, that gave rise to a threat of injury to the domestic industry.
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11,130.
Irshad v. Canada (Citizenship and Immigration) - 2013 FC 1205 - 2013-11-29
Federal Court DecisionsIn addition, the RPD raised the issue of the Applicant’s delay in claiming asylum in Canada despite dealing with this issue only “curtly” during the hearing, and despite the Applicant’s reasonable and plausible explanation for the delay. [...] [60] This is simply one instance of a discrepancy that is not explained and, in my view, it is fairly minor.
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11,131.
Fournier Pharma Inc. v. Canada (Health) - 2013 FC 863 - 2013-08-14
Federal Court DecisionsCounsel contended that paragraph 1 of the subsequent Reasons for Order and Order dated September 25, 2012, makes it clear that the Costs Order only deals with the eight issues in dispute between the parties, those issues enumerated in the Costs Order. [...] Fournier submits a more fair and reasonable approach would be to limit the assessment of Sandoz’ travel fees such that one counsel be entitled to one general meeting with an expert, and then once more for defending that expert’s cross-examination.
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11,132.
Norris v. Matsqui First Nation - 2012 FC 1469 - 2012-12-12
Federal Court Decisions[65] It is sufficient to deal with this question by addressing the second assumption. [...] a) après avoir donné un avis convenable de son intention de ce faire, fixer les règles d’appartenance à ses effectifs;
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11,133.
O'Dwyer v. The Queen - 2012 TCC 261 - 2012-07-20
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. [...] brought before discoveries) and/or should ultimately be tested at discoveries, suggests a possibility that the necessary facts and assumptions which can be fairly placed in the Reply regarding the Statement Element, the Calculation Element and/or the Role Element do not exist to establish the Legal Elements of the Penalty.
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11,134.
Le Conseil Atlantique du Canada -The Atlantic Council of Canada v. M.N.R. - 2012 TCC 13 - 2011-12-22
Tax Court of Canada JudgmentsHe also referred the Court to National Capital Outaouais Ski Team v. Canada, 2008 FCA 132 and Mondo-Tech Inc. v. Canada, 2003 CAF 62, as examples of cases dealing with similar government programs where an employer‑employee relationship was found to exist. [...] Recognizing that she was not an employee, the appellant afforded Ms. Sargsyan a fair degree of independence and flexibility in what she did.
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11,135.
Trejos v. Canada (Citizenship and Immigration) - 2011 FC 170 - 2011-02-11
Federal Court DecisionsThe panel also finds it contradictory to her claim of fear of Mr. Norris that she did not return to Quito, Ecuador, the metro area of which has a fair sized population of about 2 million, in which she can blend with reasonable precautions on keeping her phone numbers and address confidential or only with relatives she can [...] Aside from an Ombudsman for women and family issues, special police stations to deal with violence against women have been set up with offices in key areas of the country.
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11,136.
9056-2059 Québec Inc. v. The Queen - 2010 TCC 358 - 2010-07-02
Tax Court of Canada Judgments[32] The tax dispute occurred when the Appellant's directors put in place a procedure or system whereby the asking price for the exempt supply was not commensurate, according to the Respondent, with fair value. [...] Nevertheless, when dealing with, as in the case bar, individual goods that have absolutely nothing in common, this instantly raises a number of questions for the purposes of identifying what is primary as opposed to incidental.
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11,137.
Apotex Inc. v. Sanofi-Aventis - 2010 FC 77 - 2010-01-22
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. [...] It is an affidavit and, unless and until the contrary is shown, it is to be taken as setting out what it alleges accurately and fairly and that is why provision is made in the Rules for a solicitor to instruct and advise the person preparing the affidavit as to his or her obligations”.
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11,138.
Ab Hassle v. Apotex Inc. - 2008 FC 184 - 2007-02-13
Federal Court Decisions97 The doctrines of issue estoppel, collateral attack and abuse of process comprehensively address the concerns that arise when finality in litigation must be balanced against fairness to a particular litigant. [...] [33] Apotex on these motions relies on the reasoning appearing at paragraph 8 of the same decision to argue that if the there are “changed circumstances” the Court has “inherent continuing jurisdiction” to revisit on earlier Order of the kind that deals with prohibition or an injunction:
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11,139.
Canada (Attorney General) v. Grover - 2007 FC 28 - 2007-01-16
Federal Court Decisions[6] Dr. Grover wrote to Dr. Arthur Carty, the President of NRC, to express his concern that “this arrangement is directly linked to my situation, and that Dr. Hackett has been sent to deal with me.” He closed his letter by saying, “The aggregate of these issues has caused me considerable stress.” (Exhibit G-6: Letter from [...] The Applicant apparently accepts that employers must show that they have reasonable and probable grounds to be concerned about a safety risk caused by the employee’s health; however, there is also a “procedural fairness” component as well.
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11,140.
Szebenyi v. Canada - 2006 FC 602 - 2006-05-15
Federal Court DecisionsThe accepted approach in dealing with this issue is the “two-step” approach set out by the House of Lords in Anns v. Merton London Borough Council, [1978] A.C. 728 (H.L.). [...] 102. ... In my view, it would not be just, fair and reasonable for the law of this land to impose a duty of care on those responsible for the administrative implementation of immigration policies of the kind which have been made in the case of the Plaintiff, absent evidence of bad faith, misfeasance, or abuse of process.
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11,141.
Pfizer Canada Inc. v. Novopharm Ltd. - 2004 FC 1633 - 2004-11-22
Federal Court DecisionsQ. Fair enough. Certainly, to have a completely positive identification, the C-13 NMR solid state and the x-ray powder diffraction should be consistent if it is the same material? [...] In Pfizer Canada Inc. v. Apotex Inc.,[27] dealing with an application similar to this in relation to the same patent, my colleague Justice Snider wrote at paragraph [32]:
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11,142.
Xie v. Canada (Minister of citizenship and immigration) - 2003 FC 1023 - 2003-09-04
Federal Court Decisions3. (1) Toute personne peut être extradée du Canada, en conformité avec la présente loi et tout accord applicable, à la demande d'un partenaire pour subir son procès dans le ressort de celui-ci, se faire infliger une peine ou y purger une peine si_: [...] As the offence described in paragraph 380(1)(a) of the Criminal Code is punishable by a maximum term of ten years, there is no need for me to deal with this distinction.
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11,143.
Joseph Ribkoff Inc. c. La Reine - 2003 TCC 397 - 2003-06-12
Tax Court of Canada JudgmentsFourteen or fifteen years ago, cases involving a scheme of purchasing false invoices were fairly widespread. [...] [103] I must now deal with the case of the corporation whose certificate of incorporation was falsified and that used the GST account number of another corporation.
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11,144.
Villani v. Canada (Attorney General) - 2001 FCA 248 - 2001-08-03
Federal Court of Appeal Decisions12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] This interpretive approach to legislation designed to secure a social benefit has been adopted in a number of Supreme Court decisions dealing with the Unemployment Insurance Act, 1971 (see Abrahams v. A.G. Canada, [1983] 1 S.C.R. 2; Hills v. Canada (A.G.), [1988] 1 S.C.R. 513; Canada (Canada Employment and Immigration
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11,145.
Mccague v. The Queen - 2001 FCA 228 - 2001-07-04
Federal Court of Appeal DecisionsFor example, subs. 17(1) deals with benefits payable upon retirement at the end of an "intermediate engagement". [...] Considering the Canadian Forces Superannuation Act as a whole, it is fair to infer that its object is to provide annuities for members of the regular force who are engaged for lengthy periods of continuing, full-time service.
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11,146.
Devinat v. Canada (Immigration and Refugee Board) (C.A.) - 1999-11-29
Federal Court of Appeal DecisionsIV or V, or s. 91 of the Act. On this point the parties in the case and the intervener considered that this conclusion is correct since the complaint deals with s. 20, which is to be found in Part III of the OLA. However, the motions judge added that s. 77(5) of the OLA conferred no new right of action on the applicant. [...] nonetheless the result of a delicate social and political compromise, it requires the courts to exercise caution and to "pause before they decide to act as instruments of change", as Beetz J. observed in Société des Acadiens du Nouveau-Brunswick Inc. et al. v. Association of Parents for Fairness in Education et al. . . .
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11,147.
Nickerson v. Canada - 1999-05-05
Federal Court DecisionsNormally, the outer and inner faces of the sandwich laminate are to be faired into a solid laminate at the keel and sheerstrake. [...] [43] I will now deal with the plaintiff"s allegations which appear in paragraphs 16(a), 16(b) and 16(c) of the amended statement of claim.
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11,148.
Wolf Lake First Nation v. Young - 1997-04-28
Federal Court DecisionsFor reasons which will soon become obvious, I will deal with each decision in its turn. [...] Furthermore, if the tribunal has failed to dispose of an issue which is fairly raised by the proceedings and of which the tribunal is empowered by its enabling statute to dispose, it ought to be allowed to complete its statutory task.
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11,149.
Louis Vuitton Malletier S.A. v. Singga Enterprises (Canada) Inc. - 2011 FC 776 - 2011-06-27
Federal Court DecisionsI find the assessment of the situation as found in the evidence presented by the Plaintiffs to be fair and accurate. [...] The Defendants are not and never have been, authorized by the Plaintiffs to manufacture, import, distribute, offer for sale, sell or otherwise deal in any product bearing the Louis Vuitton Trade-marks or the Burberry Trade-marks. [...] None of the Defendants are, nor have ever been, authorized by the Louis Vuitton Plaintiffs to manufacture, import, distribute, offer for sale, sell or otherwise deal in any product bearing the Louis Vuitton Copyrighted Works.
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11,150.
Vilven v. Air Canada - 2009 FC 367 - 2009-04-09
Federal Court DecisionsIt does, however, create a discrete and specialized administrative regime to deal with complaints of discrimination at the federal level. [...] As a consequence, I will deal with the applicants’ argument. [130] Although I agree with Messrs. [...] As a consequence, I will deal only briefly with this issue. [254] Equality is inherently a comparative concept.