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Avant-Garde Engineering (1994) Inc. v. Gestion de Brevets Fraco Ltée - 1998-05-07

: It is clear, however, that this section "deals only with the incidence of proof, not with the standard of proof.   [...]  It is like a cage, if you want, which has some fairly strong moorings to allow some ... where efforts may be concentrated to help apply the entire platform load at that location and to get the platform carried by the cylinder.

Hoffmann-La Roche Limited v. Sandoz Canada Inc. - 2021 FC 384 - 2021-05-12

Adherence to the language of the claims allows them to be read in the manner the inventor is presumed to have intended, and in a way that is sympathetic to accomplishing the inventor’s purpose, promoting fairness and predictability;   [...]  The whole of the specification should be considered to ascertain the nature of the invention, and the construction of the claims must be neither benevolent nor harsh, but should instead be reasonable and fair to both the patentee and the public; and   [...]  [114] ... However, a distinction must be made between claims that rely upon the skill and judgment of a medial practitioner and those that deal with a vendible product, be it a scalpel, X-ray machine or 1 mg tablet that are to be used or prescribed for use by such practitioner.

Allergan Inc. v. Canada (Health) - 2011 FC 1316 - 2011-11-17

That said, to achieve a “purposive construction,” is permissible to have regard to other parts of the patent “through the eyes of a skilled addressee,” to resolve ambiguity and to achieve flexibility and fairness in differentiating between the essential and the unessential features of the invention (Whirlpool Corp v Camco   [...]  In this regard, Sandoz suggested that Allergan should have provided laboratory notebooks, reports and presentations that were made with respect to the Purite degradation issue, documents dealing with the accelerated stability tests that were undertaken and other documentation relating to the testing that was performed.   [...]  Accordingly, I will only deal briefly with the first prong of that test now.

Levett v. Canada (Attorney General) - 2021 FC 295 - 2021-04-12

Levett and Baazov were the subject of an investigation by the AMF. In the context of that investigation, the AMF had seized all of the documents relating to their dealings in the securities of a Canadian publicly traded company.   [...]  It is further understood that this provision intends to provide the taxpayer a fair procedure and not to prevent or unduly delay the exchange of information process.

Abdulkadir v. Canada (Citizenship and Immigration) - 2018 FC 318 - 2018-03-20

[52] In my view, the Decision is careful, fair and reasonable. The Applicant’s attempts to assert reviewable errors are unconvincing.   [...]  Respondent’s counsel correctly pointed out that this issue had not been raised in written submissions, he was not in a position to deal with it, and the Court should not consider it at this stage.

Pfizer Canada Inc. v. Teva Canada Limited - 2017 FC 777 - 2017-08-22

This was consistent with the TGA data, where the loss of water did not occur past 100 °C. Hydrates tend to lose the water of crystallization fairly readily at elevated temperatures due to dehydration, and convert to anhydrous crystalline forms or non-crystalline material.   [...]  I take this to mean that the “therapeutically acceptable amount” of the medicine claimed is to be determined by a person with medical expertise dealing with his or her patient.   [...]  [256] I will deal with each of these considerations. J. Is it more or less self-evident that what is being tried ought to work?

Abbott Laboratories v. Canada (Health) - 2008 FC 693 - 2008-05-29

[12] Apotex argued that it is appropriate to allow for the compendia (used in conjunction with the record as a cross-reference for pages of evidence or legal authorities cited) accepted and used by the hearing judge to deal with a massive record.   [...]  Given that paragraph 34 of the T-1133-02 decision stated that the Court would examine the work of the experts and give it the appropriate weight, it is fair to say that the Court cited the evidence it considered most relevant to its decision.   [...]  In other words, comparable results occurred, one by fairly subjective means and the other by more measured benchmarking.

1429539 Ontario Limited v. Café Mirage Inc. - 2011 FC 1290 - 2011-11-09

[54] The Federal Court’s jurisdiction for trade-mark infringement is embodied in section 7 of the Trade-marks Act. Of relevance are subsections 7(b) and 7(c) which deal with confusion, and passing-off.   [...]  c) faire passer d’autres marchandises ou services pour ceux qui sont commandés ou demandés;

Canada (Citizenship and Immigration) v. Jozepović - 2023 FC 1660 - 2023-12-20

[151] I will first deal with address and work status. The defendant indicated that he lived in Kankanj municipality in June of 1993.   [...]  In some cases, out of fairness to the process and the parties involved, a bifurcated process may be the result.   [...]  Whether a trial judge bifurcates a trial or deals with all issues via one sitting is a matter of trial management.

Teva Canada Innovation v. Pharmascience Inc. - 2020 FC 1158 - 2021-01-06

This Court is not bound by the decisions of foreign courts dealing with corresponding patents.   [...]  These factors track the requirements of the Minister of Health when dealing with a new drug submission to assess its “safety” and “effectiveness”.   [...]  The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness.

Milne v. Canada - 2021 FC 765 - 2021-07-19

The Plaintiff testified this letter was “very shocking” as he believed they were “very close to getting a deal done.”   [...]  So you don't -- fair enough. You don't know from looking at that photo one way or another; is that right?

Earlybirds Awards Inc. v. M.N.R. - 2000-09-15

The departure from daily adherence to the strict concept of supervision common to the master and servant relationship - from which the status of employee pursuant to a contract or service springs - does not transform a pleasant, easy-going working relationship into one whereby people are dealing with each other as   [...]  However, in fairness to the Rulings Officers and Appeals Officers, they are deciding each case on information provided to them and there was - in my opinion - reliance placed on the so-called ability of the EBA psychics to work at home - for EBA - and this was not the case, at all.

Apotex Inc. v. Sanofi-Aventis - 2012 FC 553 - 2012-05-23

I am striving to be reasonable and fair – I cannot achieve perfection.   [...]  What the respondent would have done had it not been for the tortious act requires a great deal of speculation, and, on the basis of the principles which I have reviewed above, I would apply the legal burden of proof against the appellant.   [...]  [272] One final issue to deal with relates to the possibility of an adjustment to Apotex’s Net Lost Profits to reflect the sale of Apo-ramipril for unapproved indications.