11,309 result(s)
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11,151.
Canada (Minister of Citizenship and Immigration) v. Kisluk - 1999-06-07
Federal Court DecisionsThis is the sort of thing which we were dealing with. And we would make our own notes on a file. [...] Even thirty years later, in R. v. Home Secretary, ex p., Hosenball, [1977] 3 All E.R. 452 (C.A.), a decision dealing with the issuance of a deportation order, Lane L.J. observed at 464 "[d]ifferent principles and strict principles apply where matters of the safety of the realm are at stake. [...] What is fair cannot be decided in a vacuum: it has to be determined against the whole background of any particular case."
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11,152.
Bernier v. M.N.R. - 2011 TCC 99 - 2011-02-17
Tax Court of Canada JudgmentsHowever, for the purposes of these reasons, it is preferable to deal with the facts relating to each case separately. [...] - Deal with minor technical problems. - Make sure all the cameras are synchronized. [...] It matters not whether the employment is for a fixed term or not, or whether it is of extended or very brief duration, although regular collaboration over a fairly lengthy period may in itself be an indication of subordination.
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11,153.
Merck Sharp & Dohme Corp. v. Pharmascience Inc. - 2022 FC 417 - 2022-04-11
Federal Court Decisions[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. [...] [107] Indeed, each of Drs. Foley and Lewanczuk provided useful insight as to the skilled clinician’s understanding of those portions of the 400 Patent dealing with the use of the monohydrate.
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11,154.
Harrison v. Canada (National Revenue) - 2020 FC 772 - 2020-07-21
Federal Court Decisions[77] As to judicial interpretation of the term, there would not appear to be a great deal of case law directly on point. [...] c) obliger une personne à faire un paiement, conformément au paragraphe 224(1); [...] d) obliger une institution ou une personne visée au paragraphe 224(1.1) à faire un paiement, conformément à ce paragraphe;
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11,155.
Arterra Wines Canada, Inc. v. Diageo North America, Inc. - 2020 FC 508 - 2020-04-09
Federal Court DecisionsRegarding THE NAKED RUM CO. mentioned above, which is an integral part of the design mark THE NAKED TURTLE – front label, I am of the view that there is a great deal of similarity in terms of the degree of resemblance with NAKED GRAPE, such that it enhances the overall degree of resemblance between these two trademarks [...] (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 [...] (3) L’emploi d’une marque de commerce crée de la confusion avec un nom commercial, lorsque l’emploi des deux dans la même région serait susceptible de faire conclure que les produits liés à cette marque et les produits liés à l’entreprise poursuivie sous ce nom sont fabriqués, vendus, donnés à bail ou loués, ou que les
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11,156.
Teva Canada Limited v. Janssen Inc. - 2018 FC 754 - 2018-07-18
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 will deal with the second point here. [163] Teva argues that pyrazine carbonyl falls within the definition of “N-terminal blocking group”. [...] [298] For the purposes of claim construction, it will be helpful to deal individually with the preamble and each of the four steps of claim 1.
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11,157.
Alcon Canada Inc. v. Apotex Inc. - 2014 FC 791 - 2014-08-25
Federal Court Decisions[217] Alcon also argues that the reliance on McCarthy is misplaced as it teaches reactions regarding the precipitation of salts, whereas the ‘370 deals with ions in solution. [...] Apotex notes that the “obvious to try” branch of the Plavix test demands that there is a reasonable or fair expectation of success and that there was no such expectation. [...] [423] The third element -- proper disclosure -- has been the subject of a great deal of jurisprudence.
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11,158.
Merck & Co., Inc. v. Nu-Pharm Inc. - 2007 FC 537 - 2007-05-23
Federal Court Decisions(3) Les renseignements donnés aux termes du paragraphe (2) sont réputés faire partie de l’interrogatoire préalable. [...] a third Order of Prothonotary Aronovitch dated August 9, 2006, dealing with the defendant Sherman (7 pages) [...] * stand down only insofar as it deals with VanDoornik, Beyger & Culp
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11,159.
Innu Nation Inc. v. Canada (Crown-Indigenous Relations) - 2024 FC 896 - 2024-06-12
Federal Court DecisionsHe also confirmed that it was fair to say that Canada has never told NCC that it is not welcome to submit another claim. [...] However, Canada is not free to discuss the possibility of implementing rights for a settler group on Innu lands before dealing with the protection for our rights to lands and waters Innu have occupied for thousands of years. [...] Innu Nation has spent a great deal of time and money to vindicate our rights through the treaty process.
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11,160.
Angelcare Canada Inc. v. Munchkin, Inc. - 2023 FC 1111 - 2023-08-17
Federal Court Decisions[52] The Plaintiffs, fairly, acknowledge that there is no such thing in the case at hand. [...] I shall deal hereinafter with the Angelcare Patents without distinguishing the 312 Patent from the other four patents. [...] Once again, our Court showed its willingness to consider the broad reality of commercial dealings, given the extensive meaning given to “persons claiming under the patentee”.
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11,161.
Canada v. Corbiere - 1996-11-20
Federal Court of Appeal DecisionsFollowing this, elections were held fairly regularly pursuant to amendments to the Indian Act, but although there was a residency requirement in that scheme, for the convenience of non-resident members of the Band, polling stations were often located on the Garden River Reserve and at the Batchewana Village. [...] The appellant argues that the Trial Judge exceeded his jurisdiction in addressing the impact of subsection 77(1) on provisions in the Indian Act dealing with Indian moneys and land such as paragraph 39(1)(b) and subsections 64(1) and 66(1). [...] The Court ultimately awarded the constitutional exemption under subsection 24(1), stating that "[i]ndividual remedies granted pursuant to s.24(1) can protect rights and freedoms adequately by dealing discretely and precisely with those situations where the effect of an otherwise valid law impinges a right or freedom".106
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11,162.
Perreault v. Canada (Foreign Affairs) - 2023 FC 1051 - 2023-07-31
Federal Court Decisions[12] In dealing with complaint nos. 3218-01044 and 5821-01172, Global Affairs reviewed the application of certain exemptions in the disclosure of May 21, 2021. [...] We think the de novo hearing is a better opportunity to revisit procedural fairness concerns that may have occurred during the course of the investigation on three levels. [...] It is not necessarily a question of reading down but rather of determining whether, on a fair reading of section 44.1 of the Act, that provision is limited to undertaking a de novo review solely with respect to the question of whether the head of the government institution was authorized to refuse disclosure; to that
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11,163.
Citizens Against Radioactive Neighbourhoods v. BWXT Nuclear Energy Inc. - 2022 FC 849 - 2022-06-09
Federal Court Decisions(iv) assist off-site authorities in dealing with the effects of an accidental release, and [...] The reviewing court must adopt a deferential approach and intervene 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. [...] [104] Applying the legal standard of reasonableness, including the deferential approach required by the governing authorities, this is not a case where the Court can find that it is truly necessary to intervene in order to safeguard the legality, rationality and fairness of the administrative process: Vavilov at para 13.
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11,164.
Buday v. The Queen - 2019 TCC 128 - 2019-06-04
Tax Court of Canada JudgmentsWhile fairness forced me to take a more active role in the trial, it did not remove the requirement that I maintain my impartiality. [...] I am not satisfied that the approach he used in 2009 represents a fair estimate of the business’ revenue. [...] This is not how I would expect an employee, even a related employee, to deal with the owner’s money.
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11,165.
Photocure ASA v. Canada (Health) - 2015 FC 959 - 2015-08-10
Federal Court DecisionsThe respondent submits that the issue is not one of procedural fairness; the evidence does not provide general background to assist the court in understanding the issues on the judicial review and there was ample evidence on the record for the decision to be made, therefore the affidavit does not highlight the lack of [...] [54] Photocure argues that once the issue is understood as the proper interpretation of “innovative drug” and “medicinal ingredient,” it is clear that Dr Wuest’s affidavit does not opine on the legal question that the Court must now deal with but does provide helpful background on matters of science. [...] [73] In Ochapowace First Nation the Court of Appeal noted two exceptions to the general rule: where the evidence was introduced to support an argument going to procedural fairness or jurisdiction; and, where the material is considered general background information that would assist the Court.
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11,166.
Canada (Attorney General) v. Johnstone - 2013 FC 113 - 2013-01-31
Federal Court Decisions[71] The Tribunal also noted medical considerations were dealt with as requiring accommodation and opined the CBSA had found an efficient and individualized way to deal with medical accommodation at Pearson. [...] Although it may seem commonplace, it may be wise to remind ourselves of the statutory guidance given by the federal Interpretation Act which asserts that statutes are deemed to be remedial and are thus to be given such fair, large and liberal interpretation as will best ensure that their objects are attained. ... [...] [110] The Interpretation Act RSC 1985 c I-21, section 12 provides: “Every enactment is deemed remedial, and shall be given such fair, large, and liberal construction and interpretation as best ensures the attainment of its objectives” The term “family status” in section 3 of the Act should be interpreted in a large and
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11,167.
Teva Canada Limited v. Canada (Health) - 2011 FC 507 - 2011-05-02
Federal Court DecisionsAfter providing procedural fairness to Sanofi, in June 2010, the Minister rejected Teva’s request on a finding that no error in law had been made. [...] In my opinion this statement is not relevant to the present Application because it deals with an issue that is not directly in play. [...] b) le praticien a consenti à (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
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11,168.
Wilson v. Canada - 2000-04-13
Federal Court DecisionsIt may be also noted in Section "E" commencing in May 1991 and into the offer of January 18, 2000, the Plaintiff has made reasonable and fair offers to settle without approval or consideration by the Defendants. [...] This distinction is important when dealing with the question of costs 711, and it makes no difference for this purpose whether defendant has erroneously shaped his or her defence as a counterclaim instead of a set-off; the substance of the defence has to be regarded, not its mere form.712 When, therefore, a defendant proves [...] C.A.), the matter was regarded as discretionary, the principle being to do what "is fair for the purpose of preventing absurdity or injustice".
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11,169.
Sanofi-Aventis Canada v. Apotex Inc. - 2009 FC 676 - 2009-06-29
Federal Court DecisionsFifteen days of the trial consisted of evidence dealing with the infringement and validity issues. [...] Common sense and fair play would tell me that Schering ought to have disclosed the catalytic hydrogenation method that its scientists had actually used to synthesize SCH 31924 and SCH 31925. [...] Double patenting only applies when dealing with the same person getting two or more patents.
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11,170.
Steelhead LNG (ASLNG) Ltd. v. ARC Resources Ltd. - 2023 FC 1684 - 2023-12-13
Federal Court Decisions[62] The only relevant portion of Mr. Ojeda’s evidence in chief pertains to Steelhead’s dealings with KBR in 2016. [...] Fair? A. Fair. Q. And specific application contemplates that decisions will be driven, for example, by things like proximity to land, need to protect the seawater, things like that? [...] This is a fair approach that acknowledges the range of possible outcomes in a proceeding such as this one.
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11,171.
Vachon Bakery Inc. v. Racioppo - 2021 FC 308 - 2021-04-09
Federal Court DecisionsThere was not a great deal of detailed evidence with respect to these American rights, but defendants’ counsel described them in terms that suggested a parallel to those then owned by Saputo Bakery in Canada. [...] The additional graphic elements of the defendants’ mark add somewhat to the inherent distinctiveness of the trademark, although this is a fairly minimal effect given the nature of those graphic elements and the centrality of the word in the mark. [...] However, in the absence of any legal relationship, and in the absence of any indication Saputo Bakery knew it was dealing with the defendants, I cannot conclude the defendants can treat Mr. Ettedgui’s statements as representations to them.
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11,172.
R & R Trading Co. Ltd. v. Canada (Minister of National Revenue) - 2006 FC 901 - 2006-07-19
Federal Court DecisionsRecertifying is an important part of the steel trade, either for the purpose of selling out surplus inventory or to deal with a questionable determination. [...] (2) La déclaration visée au paragraphe (1) est à faire selon les modalités de temps et de forme fixées par le gouverneur en conseil. [...] (3.1) Il est entendu que le fait de faire entrer des marchandises au Canada après leur sortie du Canada est une importation aux fins de la déclaration de ces marchandises prévue au paragraphe (1).
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11,173.
Excalibre Oil Tools Ltd v. Advantage Products Inc. - 2016 FC 1279 - 2016-11-17
Federal Court DecisionsHe has authored, individually or jointly, more than 14 articles dealing with various aspects of PC Pump applications. [...] 2. Adherence to the language of the claims in turn promotes both fairness and predictability. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services
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11,174.
Ewert v. Canada - 2023 FC 1054 - 2023-08-01
Federal Court DecisionsThe CCRA and CCRR contain various provisions dealing with searches of inmates, their possessions, and their cells: CCRA, ss 46–58; CCRR, ss 43–53. [...] And I think that it’s fair that somebody did ask that in the spirit of reassuring or in the spirit of ensuring that you had access to your medicine. [...] As she noted, and I agree, it is fair to ask a question in good faith, with the knowledge that different people have different traditions.
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11,175.
Steelhead LNG (ASLNG) Ltd. v. Arc Resources Ltd. - 2024 FCA 67 - 2024-04-11
Federal Court of Appeal Decisions[21] On the first issue, the motion judge agreed with the respondents that a summary trial was appropriate to decide the matter and that the Court could grant summary judgment, fairly and justly, on the evidence adduced and the law. [...] Recourse may lie elsewhere, in the protection of other forms of intellectual property including copyright and moral rights, or in the enforcement of any non-disclosure agreements between the parties respecting the treatment and use of confidential information acquired by the parties in the course of their business dealings.