11,309 result(s)
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11,226.
Robinson v. Canada (Attorney General) - 2019 FC 876 - 2019-06-28
Federal Court Decisions[23] Several preliminary matters must be addressed before dealing with the main issue in dispute in Mr. Robinson’s motion. [...] [101] The AGC’s response to Mr. Robinson’s allegations of harm is fairly succinct and generic. [...] The just and equitable resolution of his motion also requires that Mr. Robinson uses all the options at his disposal to ensure that this matter proceeds in a fair, expeditious and efficient manner.
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11,227.
Demaria v. Canada (Citizenship and Immigration) - 2019 FC 489 - 2019-04-18
Federal Court DecisionsMr. DaSilva, who was acquitted, spoke with the Applicant about financial dealings. [...] This evidence was challenged, but the panel was not presented with any evidence to challenge the fairness or the integrity of the Italian justice system. [...] [116] I think it only fair to quote what the Applicant has to say on the family issue in full because the Respondent has provided no real answer to the issues raised:
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11,228.
Gilead Sciences, Inc. v. Canada (Health) - 2016 FC 857 - 2016-08-23
Federal Court DecisionsI consider Apotex’s objections neither fair nor accurate. First, Gilead management was comprised of accomplished scientists. [...] [86] Because I find there was no disclosure of tenofovir disoproxil in the EP 214 application, I need not deal with enablement. [...] The courts, however, have long held that the minimum requirements for utility under the Act are fairly forgiving.
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11,229.
Professional Institute of the Public Service of Canada v. Canada (Attorney General) - 2015 FC 1101 - 2015-09-22
Federal Court Decisions[13] The Standard describes its objectives as: to ensure that government security screening practices are effective, efficient, rigorous, consistent and fair, and to enable greater transferability of security screening results between agencies and departments. [...] [56] Abuse of discretion is a basis for Courts to review the exercise of administrative discretion on the grounds of legality, reasonableness and fairness (Canada (Attorney General) v TeleZone Inc, 2010 SCC 62 at para 24, [2010] 3 SCR 585; Dunsmuir v New Brunswick, 2008 SCC 9 at para 28, [2008] 1 SCR 190). [...] Those with Reliability status perform duties and activities which could give them access to a great deal of information that is provided and retained for a range of government programs.
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11,230.
Normandin v. Canada (Attorney General) - 2005 FCA 345 - 2005-10-26
Federal Court of Appeal Decisions[14] Finally, the appellant refers us to section 135.1 of the Act, which deals with the suspension of long-term supervision where an offender breaches a condition of release that is set down in the long-term supervision order. [...] (f) that offenders be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process. [...] f) de manière à assurer l'équité et la clarté du processus, les autorités doivent donner aux délinquants les motifs des décisions, ainsi que tous autres renseignements pertinents, et la possibilité de les faire réviser.
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11,231.
Bear v. Canada (Attorney General) - 2001 FCT 1192 - 2001-11-01
Federal Court DecisionsMinister Benson also opined that it would be "very dangerous to move from determination of income as it is under the Income Tax Act", noting that "it has taken a good deal of time and jurisprudence to determine what is income under that Act." He then stated: [...] There are only two provisions in the Bill of Rights which are not duplicated by the Charter: subsection 1(a), the due process clause, and subsection 2(e), the guarantee of a fair hearing for the determination of rights and obligations. [...] The subject is a fair hearing. The Bill liveth. There is nothing particularly relevant to Ms. Bear's case in Prof.
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11,232.
Alcon Canada Inc. v. Apotex Inc. - 2014 FC 699 - 2014-08-08
Federal Court DecisionsApotex notes that the Plavix test does not require a prediction with certainty but with a fair expectation of success. [...] [416] Dr Mittag and Dr Wolff indicated that the POSITA would expect or know that there would be a fair chance of success that travoprost would have acceptable therapeutic profile. [...] The ‘417 plus Woodward provide the motivation to find the solution with a fair expectation of success that travoprost would be useful to treat glaucoma with an acceptable therapeutic profile.
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11,233.
AstraZeneca Canada Inc. v. Apotex inc. - 2014 FC 638 - 2014-07-02
Federal Court DecisionsYou don't have separate sections dealing with the promise of claims 9 to 24 or the promise of claims 25 to 29. [...] While new uses can be of tremendous importance (see AZT), such seemingly sparse patents would fairly raise concerns for the court when evaluating the bargain between innovators and the public. [...] He has large clinical practice dealing with more complex gastro oesophageal reflux disease (GERD) cases.
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11,234.
Sanofi-Aventis Canada Inc. v. Teva Canada Limited - 2012 FC 552 - 2012-05-23
Federal Court DecisionsI might as well sit back and get the free information that's there and deal with it. [...] [250] The second aspect of Sanofi’s motion deals with the “Duplicate Ramp-up adjustment” that first appeared in Ms. Loomer’s Responding Report. [...] Significantly, Ms. Loomer noted that her prices were “fairly in line with Mr. Hamilton” and that “pricing is not the culprit in terms of overall difference”.
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11,235.
Eli Lilly Canada Inc. v. Novopharm Limited - 2011 FC 1288 - 2011-11-10
Federal Court DecisionsAs he said, “the problem in dealing with very small samples is there is no fair way to do it; there [are] just different ways of skewing it” (Transcript, Vol 11-AM, pp 153-4, lines 25, 1-2). [...] • olanzapine’s therapeutic effect appeared at fairly low doses, but not lower than flumezapine’s; [...] [245] There was early evidence showing that olanzapine’s prolactin liability was fairly low.
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11,236.
Mahjoub (Re) - 2013 FC 1092 - 2013-10-25
Federal Court Decisions[85] ... we accept that a fair, large and liberal interpretation in accordance with international norms must be accorded to “danger to the security of Canada” in deportation legislation. [...] ... [89] ...while “danger to the security of Canada” must be given a fair, large and liberal interpretation, it nevertheless demands proof of a potentially serious threat. [...] I have invested your amount in a (business) deal which according to my previous calculations should have brought a gain of around 20%.
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11,237.
Ahamed v. The King - 2023 TCC 17 - 2023-02-06
Tax Court of Canada JudgmentsObserving the principles of fairness or natural justice, for example, may preclude adopting the most efficient and cost-effective means of pursuing a policy like national security . . . . [...] [92] This Court has no power to redraft Parliament’s TFSA legislation to incorporate (a) policies inferred from interdepartmental correspondence relating to a different statutory scheme, (b) policies transplanted from a different statutory scheme, or (c) obiter dicta found in reasons for judgment dealing with a different
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11,238.
Axelrod v. The King - 2022 TCC 157 - 2022-12-12
Tax Court of Canada JudgmentsIn other words, in a practical, commercial sense, what was the taxpayer really getting out of that part of the deal?... [...] [39] As explained by Dr. Axelrod in the above statement, a fair amount of work was required by him in fabricating a temporary crown (and presumably a temporary bridge, as well), while the cost of the material in the crown or bridge was minimal.
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11,239.
Okolo v. Canada (Citizenship and Immigration) - 2021 FC 1100 - 2021-10-19
Federal Court DecisionsSimilarly, it did not accept his explanation that his legal counsel had advised him that he need not appear for his trial as the matter was not a big deal because it was only an accident. [...] Further, this Court has held in Kreishan v Canada (Citizenship and Immigration), 2018 FC 481 at paras 80-83; aff’d in 2019 FCA 223, that the relief in Freitas was exceptional, discretionary relief granted due to procedural fairness concerns which was not the circumstance in Kreishan, where the applicant had a hearing before
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11,240.
Promutuel Réassurance v. The Queen - 2020 TCC 13 - 2020-01-23
Tax Court of Canada JudgmentsIn return for the Second MGIAs’ Transaction, the MGIAs’ interest in the appellant’s capital was increased by an amount equal to their additional interest, that is, the fair market value of the Class “A” shares in ProCap’s capital stock that were transferred. [...] Under paragraph 256(6.1)(a) of the ITA, which deals with simultaneous control, the Federation therefore controlled ProRé and ProCap simultaneously through its control of ProRé. Paragraph 256(6.1)(a) reads as follows:
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11,241.
Quality Program Services Inc. v. Canada - 2018 FC 971 - 2018-10-04
Federal Court Decisions(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 [...] Section 6(3) deals with trade-mark confusion with a trade-name and 6(4) with trade-name confusion with a trade-mark.
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11,242.
Canada (Citizenship and Immigration) v. Singh - 2016 FCA 96 - 2016-03-29
Federal Court of Appeal DecisionsThe amendments made to the IRPA and to the Immigration and Refugee Protection Regulations, S.O.R./2002-227 [IRPR] do put a great deal of pressure on refugee protection claimants. [...] [72] Consequently, it cannot be assumed that admitting this document into evidence would have led to a hearing or that its rejection undermined procedural fairness.
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11,243.
UCANU Manufacturing Corp. v. Defence Construction Canada - 2015 FC 1001 - 2015-08-24
Federal Court DecisionsI am satisfied that to allow those Boards to do so would contravene the spirit, if not the letter, of the Access Act and deny fairness to the Applicant. [...] judicial review stage any exemption that might apply under the ATIA. However, I find this case distinguishable as it deals with a very specific set of circumstances where at earlier stages of the process there had not been any consideration given to the application of the ATIA and which exemptions might apply thereunder.
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11,244.
Canada (Information Commissioner) v. Canada (National Defence) - 2014 FC 205 - 2014-03-03
Federal Court Decisions[39] The applicant also submits that the application raises issues of statutory interpretation which are appropriate for the Court to deal with. [...] [...] 4. (2.1) Le responsable de l’institution fédérale fait tous les efforts raisonnables, sans égard à l’identité de la personne qui fait ou s’apprête à faire une demande, pour lui prêter toute l’assistance indiquée, donner suite à sa demande de façon précise et complète et, sous réserve des règlements, lui communiquer le
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11,245.
Canada v. Global Equity Fund Ltd. - 2012 FCA 272 - 2012-10-30
Federal Court of Appeal Decisionsg. a loan was made by Newco to Global for $5,600,000; the loan bore interest at prime plus 2% and the loan agreement provided for an equity participation of 25% of the increase in fair market value of Global’s assets while any part of the loan remained outstanding; an amendment to the loan agreement was made a few months [...] [94] Only one of these provisions deals with artificial losses in general.
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11,246.
Hollick Solar Systems Ltd. v. Matrix Energy Inc. - 2011 FC 1213 - 2011-10-31
Federal Court Decisions(b) Adherence to the language of the claim in turn promotes both fairness and predictability [...] I just want to deal with if it has a negative effect on the efficiency, if it detracts from the efficiency.
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11,247.
Huard v. Canada (Attorney General) - 2007 FC 195 - 2007-02-20
Federal Court DecisionsCounsel for the applicant submitted a copy to this Court together with another article co‑signed by Dr. Cameron dealing with psychic driving, which had already been published in 1958 ("Effect of Repeated Verbal Stimulation upon a Flexor‑Extensor Relationship"). [...] before making a final decision, that the applicant's complete medical record was provided by the hospital and that, if a complete record was not obtained, explanations were at least sought from the hospital, which does not appear to have been the case here (and this would be contrary to a rule of procedural fairness).
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11,248.
Metis Nation of Ontario v. Przybyszewski - 2004 FC 977 - 2004-07-09
Federal Court DecisionsThis testimony was supported by various maps as to alleged historic hunting areas, policy statements and lengthy opinion evidence of Dr. M. Asch, an anthropologist who is the author of numerous papers dealing with, inter alia, aboriginal rights. [...] As in Re Sagkeeing, supra, here it is fair to conclude that the focus of the MNO in administering the program was to address a particular problem faced by the Metis people i.e. "The high instances of family violence and poor health levels".
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11,249.
Fraser v. Canada (Attorney General) - 2017 FC 557 - 2017-06-08
Federal Court DecisionsProfessor Higgins’ research suggests that while much has changed with respect to women in the workforce, the division of family responsibilities has not changed a great deal; women continue to assume traditional roles in the home and women are more likely than their male counterparts to scale back at work to respond to [...] The formula applied based on these criteria ensure overall fairness to all contributors and the integrity of the plan. [...] She describes the challenges of returning to patrolling duties on 10 hour shifts while her husband had 12 hour shifts, finding child-care, and generally dealing with the many other circumstances that arise while caring for a young child.
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11,250.
Truehope Nutritional Support Limited v. Canada (Attorney General) - 2013 FC 1153 - 2013-11-13
Federal Court DecisionsIn Sam (supra), Métis National Council (supra) and Cockerill (supra), it was held that Item 10 may be allowed for CMCs dealing with the scheduling of motions. [...] Both Mr. Shaw and Ms. Oltean prepared and presented argument at the hearing of the judicial review equally, with Ms Oltean dealing primarily with the evidentiary issues and Mr. Shaw addressing the substantive Charter issues. [...] Counsel’s final submissions concerning travel are found at paragraphs 156 to 158 of the Applicants’ Memorandum and relate to a change fee for air fair on November 27, 2009 which counsel argues is not justified, a charge for airfare which they argue should have been split with another file and long distance charges for