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Canada (Minister of Citizenship and Immigration) v. Kisluk - 1999-06-07

This 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."

Merck Sharp & Dohme Corp. v. Pharmascience Inc. - 2022 FC 417 - 2022-04-11

[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.

Arterra Wines Canada, Inc. v. Diageo North America, Inc. - 2020 FC 508 - 2020-04-09

Regarding 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

Alcon Canada Inc. v. Apotex Inc. - 2014 FC 791 - 2014-08-25

[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.

Innu Nation Inc. v. Canada (Crown-Indigenous Relations) - 2024 FC 896 - 2024-06-12

He 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.

Canada v. Corbiere - 1996-11-20

Following 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

Citizens Against Radioactive Neighbourhoods v. BWXT Nuclear Energy Inc. - 2022 FC 849 - 2022-06-09

(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.

Photocure ASA v. Canada (Health) - 2015 FC 959 - 2015-08-10

The 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.

Teva Canada Limited v. Canada (Health) - 2011 FC 507 - 2011-05-02

After 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

Sanofi-Aventis Canada v. Apotex Inc. - 2009 FC 676 - 2009-06-29

Fifteen 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.

Vachon Bakery Inc. v. Racioppo - 2021 FC 308 - 2021-04-09

There 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.

Excalibre Oil Tools Ltd v. Advantage Products Inc. - 2016 FC 1279 - 2016-11-17

He 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

Steelhead LNG (ASLNG) Ltd. v. Arc Resources Ltd. - 2024 FCA 67 - 2024-04-11

[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.