11,309 result(s)
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11,251.
MIPS AB v. Bauer Hockey Ltd. - 2018 FC 485 - 2018-05-07
Federal Court Decisions[103] In addition, article 7 of the NDA signed by the parties on March 17, 2011 (JBD-324) deals with their respective intellectual property: [...] Unless otherwise stated in the Project Order, the specific Project test reports to be issued by MIPS thereunder will become the property of the Bauer Group upon issuance, subject to the provisions of Section 5.3 below [dealing with MIPS technology and improvement thereto]. [...] [132] The Patent Act and the purposive construction mandated by the Supreme Court of Canada in Free World Trust v Électro Santé Inc (2000 SCC 66 at paras 30-31) require adherence to the language of the claims, which promotes fairness and predictability.
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11,252.
Promotion In Motion, Inc. v. Hershey Chocolate & Confectionery LLC - 2024 FC 556 - 2024-04-09
Federal Court DecisionsSince they were not, it is fair to say on Hershey’s concession that the Brigley Affidavit is unnecessary and similarly immaterial. [...] [59] However, in my view, the Opponent’s evidence demonstrates that with respect to chocolate specifically, the trademark KISSES has acquired a fairly substantial degree of distinctiveness in Canada through extensive sales and advertising over decades. [...] It was fair for the Board to conclude that SWISS was clearly descriptive of a geographical location known for its chocolate, was not inherently distinctive of PIM’s chocolates of Swiss origin, and lacked any acquired distinctiveness with respect to PIM’s chocolates of Swiss origin.
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11,253.
Lin v. Uber Canada Inc. - 2024 FC 977 - 2024-06-24
Federal Court Decisions[62] I will first deal with the legislative provision. [63] I accept that section 7 of the Ontario Consumer Protection Act constitutes a specific legislative override. [...] [127] Ultimately, in order to establish inequality of bargaining power to the point of unconscionability, one must be at a point “where the law’s normal assumptions about free bargaining either no longer hold substantially true or are incapable of being fairly applied” (Heller SCC at para 72). [...] To establish inequality of bargaining power to the point of unconscionability, one must be at a point “where the law’s normal assumptions about free bargaining either no longer hold substantially true or are incapable of being fairly applied” (Heller SCC at para 72).
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11,254.
Canada (National Revenue) v. Zeifmans LLP - 2023 FC 1000 - 2023-07-21
Federal Court DecisionsZeifmans had a fair and meaningful opportunity to challenge the Requirement in proceedings specifically for that purpose, and Parliament cannot have intended to allow Zeifmans to have “a second bite at the same cherry”. [...] The Court’s role in each type of proceeding is a more relevant consideration for discerning legislative intention, as are procedural differences and questions of fairness. [...] To fall under 15(2) and 20(1)(j), the connected entities who made the alleged loans would need to be dealing at non-arm’s length, and the Minister states she needs to understand the relationship between the connected entities and these three taxpayers to make that determination.
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11,255.
Loblaws Inc. v. Columbia Insurance Company - 2019 FC 961 - 2019-07-22
Federal Court Decisions[94] As an initial point, Loblaw argues that there is some overlap in the parties’ channels of trade, in that there is evidence of both selling its products through booths at public events such as trade shows and fall fairs. [...] In my view, the evidence indicates that trade shows and fall fairs are sufficiently immaterial to both companies’ business that their occasional participation in such events is immaterial to the confusion analysis. [...] A great deal of the evidence and argument at trial surrounded the use by Pampered Chef and its ICs of social media to attract customers and effect sales.
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11,256.
Farzam v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1659 - 2005-12-06
Federal Court DecisionsIn my view, while it is true that the categories of fiduciary duty are not closed, they do not include the duties owed by Immigration Officials to immigrants who are in a position to and do obtain legal assistance for their dealings with the Department. [...] Lord Moulton may in the context of that case have been contemplated immunity from suit for negligence but the sentiment supports the concent of its not being faire or reasonable to impose liability for negligence in the case of an immigrant officer performing his public duty. [...] 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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11,257.
Les Plastiques Algar (Canada) Ltée v. Canada (Minister of National Revenue) - 2004 FCA 152 - 2004-04-06
Federal Court of Appeal DecisionsLes enquêtes spéciales ont aussi la responsabilité de faire connaître au public les condamnations judiciaires dans le but de décourager l'évasion fiscale chez les autres contribuables et de favoriser les divulgations volontaires." [...] At paragraphs 112 to 122 of her Reasons, she deals with the issue of whether a clear decision to pursue a criminal investigation had been made at the time the Requirements were sent and, at paragraphs 118 and 122, she makes the following remarks: [...] de preuve de la perpétration d'une infraction à la présente loi, à saisir ces documents ou choses et, dès que matériellement possible, soit à les apporter au juge ou, en cas d'incapacité de celui-ci, à un autre juge du même tribunal, soit à lui en faire rapport, pour que le juge en dispose conformément au présent article.
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11,258.
He v. The King - 2024 TCC 21 - 2024-02-16
Tax Court of Canada JudgmentsIf the evidence leaves any doubt that the penalties should be applied in the circumstances of the appeal, then the only fair conclusion is that the taxpayer must receive the benefit of the doubt in those circumstances (see Farm Business Consultants Inc. v. The Queen, [1994] 2 C.T.C. 2450, 95 D.T.C. 200, at para. 27). [...] [154] Further, Mr. Shi testified that there were no business dealings between him and his uncle.
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11,259.
Warner Bros. Entertainment Inc. v. White (Beast IPTV) - 2023 FC 907 - 2023-06-28
Federal Court DecisionsMr. White was specifically warned that multiple judgments and orders had been issued by Canadian courts that provide for injunctive relief and important damage awards in cases dealing with the unauthorized dissemination of works owned by the major motion picture studios and other rightsholders that MPA-Canada represented. [...] [101] As stated by the Supreme Court in Parranto at para 10: “The goal in every case is a fair, fit and principled sanction.
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11,260.
Spencer v. Canada (Attorney General) - 2021 FC 361 - 2021-04-23
Federal Court DecisionsIf Glooscap blundered itself into involvement in this tax shelter, oblivious to any real risk, the irreparable harm might not be fairly laid at its feet. [...] They argue that after more than a year of dealing with COVID-19 there is sufficient data on which to make policy decisions such that the precautionary principle is no longer applicable.
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11,261.
McAlpin v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 422 - 2018-04-19
Federal Court DecisionsConceptually, it is possible that the decision to deny Leave was made on the basis that no fairly arguable issue had been raised in respect of the Delegate’s concurrence with the officer’s assessment of the new information that had been provided by Mr. McAlpin, in support of his reconsideration request. [...] It is not the function of the immigration officer, when deciding whether or not to prepare a report on inadmissibility based on paragraph 36(2)(a) grounds, or the function of the Minister’s delegate when he acts on a report, to deal with matters described in sections 25 (H&C considerations) and 112 (Pre-Removal
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11,262.
B010 v. Canada (Citizenship and Immigration) - 2013 FCA 87 - 2013-03-22
Federal Court of Appeal Decisions(e) to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings; [...] [16] Subsection 3(3) deals with the proper construction of the Act: 3. (3) This Act is to be construed and applied in a manner that
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11,263.
Eli Lilly Canada Inc. v. Apotex Inc. - 2010 FC 1065 - 2010-10-29
Federal Court DecisionsI will say more about this issue when I deal with the issue of utility later in these reasons. [...] [73] I am not satisfied, however, that the Lundbeck decision can be fairly applied to the facts of this case.
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11,264.
Remo Imports Ltd. v. Jaguar Cars Limited - 2007 FCA 258 - 2007-07-18
Federal Court of Appeal Decisions[24] In fairness to the judge, I should say that each party to the proceedings was seeking the expungement of the other’s trade-mark. [...] Section 22 deals with that issue in the following terms: 22. (1) No person shall use a trade-mark registered by another person in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto.
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11,265.
Thibodeau v. Air Canada - 2005 FC 1156 - 2005-08-24
Federal Court DecisionsFarley J. determined that the CPO is the appropriate forum for dealing with the monetary portion of the claim, but that the non-monetary aspects should be heard by the Federal Court. [...] is not entitled to counsel fees, Lavigne v. Minister of Human Resources Development, FCA, Docket A-104-97 (T-1977-94), subsection 400(4) of the Federal Court Rules, 1998, might "to a certain extent . . . satisfy, what fairness could dictate in that respect", as the Honourable Mr. Justice Marceau says in paragraph [2].
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11,266.
Canadian Pacific Railway Company v. Canada - 2021 FC 1014 - 2021-09-29
Federal Court DecisionsIt is notable that Justice Bastarache explicitly recognized that the facts of Kingstreet did not deal with the administrative law sense of ultra vires (at paras 3-4): [...] ... Because I have rejected the passing-on defence as generally inapplicable in the context of ultra vires taxes, it is not necessary to deal with the doctrine of protest and compulsion. [...] [701] The historical frame leading to the 1966 deal between Canada and CPRC was also described by the testimony of the Plaintiff’s experts, Drs. Hanna and Klein.
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11,267.
Medexus Pharmaceuticals Inc. v. Accord Healthcare Inc. - 2024 FC 424 - 2024-03-26
Federal Court Decisions[93] Rather than addressing the parties’ arguments on ‘about 50 mg/ml’ in this section, I will address them in the section dealing with the ambiguity ground of invalidity. [...] [219] In any event, on the question of motivation, I find Dr. Massarotti’s views are actually fairly close to those of Dr. Roth. [...] The defendants have not persuaded me that the skilled person would be unable to define ‘about 50 mg/ml’ with sufficient precision so as to be fair to both the patentee and the public.
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11,268.
Amgen Inc. v. Pfizer Canada ULC - 2020 FC 522 - 2020-04-16
Federal Court DecisionsAmgen acknowledges Dr. Van Etten was fair in responding to the propositions put to him by Amgen's counsel on cross-examination. [...] In the present case, Amgen relied upon the earlier of two priority filing dates, namely August 23, 1985, and Apotex was apparently content to deal with obviousness as of that date. [...] [339] Appendix “A” explains that a molecular biologist designing a probe had two ways to deal with degeneracy: the mixed probe approach and the unique probe approach.
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11,269.
Biofert Manufacturing Inc. v. Agrisol Manufacturing Inc. - 2020 FC 379 - 2020-03-13
Federal Court DecisionsSo it’s a company that is dealing with alive fertilizers. Living, plants, crops” (pages 386–387). [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent; [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;
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11,270.
Innovative Medicines Canada v. Canada (Attorney General) - 2020 FC 725 - 2020-06-29
Federal Court DecisionsThe board attempts to deal with abuse. It is the abuse of the monopoly granted to the patentee, not price-fixing, in which the board is involved. [...] Pursuant to subsection 3(4) of the Amendments, the calculation of “price” for the purposes of this paragraph now includes financial dealings with third parties. [...] [181] Furthermore, 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 (Interpretation Act, RSC, 1985 c I-21, s 12).
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11,271.
Canada (National Revenue) v. Ghermezian - 2022 FC 236 - 2022-02-23
Federal Court DecisionsThey are also the foundation of fairness in the adjudicative process. [...] This is the foundation of fairness. This factor militates against admission of the affidavit. [...] In that context, I note the Respondents’ submission that this principle does not permit Mr. Bowe to provide testimony about the various dealings of members of the Ghermezian family.
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11,272.
Adelberg v. Canada - 2024 FCA 106 - 2024-06-07
Federal Court of Appeal DecisionsWhile it is difficult to discern precisely what is being claimed given the way the Statement of Claim was drafted, it seems to me that, when fairly read in its entirety, the Statement of Claim advances two sorts of claims on behalf of all of the plaintiffs. [...] (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
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11,273.
3469051 Canada Inc. v. Axis Heating and Air Conditioning Inc. - 2019 FC 1103 - 2019-08-27
Federal Court Decisions6 (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 [...] In Cartier, Inc. v. Cartier Optical Ltd./Lunettes Cartier Ltée,21 Dubé J. found that the Cartier name, being merely a surname, had little inherent distinctiveness, but, nevertheless, it had acquired a great deal of distinctiveness through publicity.
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11,274.
Lee v. The Queen - 2018 TCC 230 - 2018-11-15
Tax Court of Canada JudgmentsA When I consulted what was in Briel I did realize that Briel and the company associated with that had substantial amount of investment at fair market value were substantial, way above the $18 million. [...] Nowhere in the extensive case law dealing with the concept of “sham” is it suggested that “sham” and “abuse” are analogous.
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11,275.
Eli Lilly Canada Inc. v. Teva Canada Limited - 2017 FC 88 - 2017-01-30
Federal Court DecisionsI am satisfied that those circumstances would not have prevailed in 2006 and, therefore, that Teva would have obtained its listing on the BC formulary fairly promptly had it obtained its NOC on March 3, 2006. [...] He explained that an adjustment to retail data would be appropriate to deal with the issue of timing – the delay between manufacture and retail sales.