11,309 result(s)
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11,276.
Avant-Garde Engineering (1994) Inc. v. Gestion de Brevets Fraco Ltée - 1998-05-07
Federal Court Decisions: 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.
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11,277.
Paid Search Engine Tools, LLC v. Google Canada Corporation - 2021 FC 1435 - 2022-01-12
Federal Court DecisionsIn this capacity, Mr. Iljic deals with ads auctions and shopping ads auctions for Google.com. [...] This allows the claims 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, which promotes both fairness and predictability; [...] (c) the whole of the patent’s specification should be considered to ascertain the nature of the invention, and the claim construction must be neither benevolent nor harsh, but should instead be reasonable and fair to both the patentee and the public.
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11,278.
Hoffmann-La Roche Limited v. Sandoz Canada Inc. - 2021 FC 384 - 2021-05-12
Federal Court DecisionsAdherence 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.
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11,279.
Rogers Enterprises (2015) Inc. v. The Queen - 2020 TCC 92 - 2020-08-27
Tax Court of Canada JudgmentsIn 2005, prior to the 21st anniversary of the 1984 Trust, a fairly significant corporate reorganization was undertaken by the RPC group (the “2005 Reorganization”). [...] (A) the amount, if any, by which the fair market value of consideration given in respect of the disposition exceeds the total of [...] A is the amount, if any, by which the lesser of the adjusted cost basis to the policyholder of the interest immediately before the disposition and the fair market value of consideration given in respect of the disposition exceeds the amount determined under subparagraph 148(7)(a)(i) in respect of the disposition, and
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11,280.
Allergan Inc. v. Canada (Health) - 2011 FC 1316 - 2011-11-17
Federal Court DecisionsThat 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.
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11,281.
Bousfield v. The King - 2022 TCC 169 - 2022-12-28
Tax Court of Canada Judgments[8] After dealing with the revenue from the taxi business, I will turn to the lesser issues of Mr. Bousfield’s revenue from his transportation business, his expenses, the GST impact of any changes that I may make and, finally, the imposition of gross negligence penalties. [...] To be fair, the years in question were at least 14 years ago. It is not surprising that their memories would have faded with time.
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11,282.
Levett v. Canada (Attorney General) - 2021 FC 295 - 2021-04-12
Federal Court DecisionsLevett 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.
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11,283.
3412229 Canada Inc. v. Canada (Revenue Agency) - 2020 FC 1156 - 2020-12-16
Federal Court DecisionsI have no jurisdiction to deal with information already disclosed under the ATIA. [...] c) contenant des renseignements dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d’enquêtes licites, notamment :
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11,284.
Abdulkadir v. Canada (Citizenship and Immigration) - 2018 FC 318 - 2018-03-20
Federal Court Decisions[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.
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11,285.
Westaim Corp. v. Royal Canadian Mint - 2002 FCT 1217 - 2002-11-22
Federal Court Decisions"...the scope of the monopoly remains a function of the written claims but, as before, flexibility and fairness is achieved by differentiating the essential features ("the pith and marrow") from the unessential, based on a knowledgeable reading of the whole specification through the eyes of the skilled addressee rather than [...] [86] Accordingly, I will first deal with the question of obviousness.
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11,286.
Pfizer Canada Inc. v. Teva Canada Limited - 2017 FC 777 - 2017-08-22
Federal Court DecisionsThis 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?
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11,287.
Takeda Canada Inc. v. Apotex Inc. - 2024 FC 106 - 2024-02-07
Federal Court Decisions[42] Overall, I found Dr. Rowlings to be a forthright and fair witness who was knowledgeable about pharmaceutical formulation and whose testimony assisted the Court. [...] Adherence to the claim language allows the claims to be read in a way in which the inventor is presumed to have intended, thereby promoting fairness and predictability: Biogen at para 72; 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.” [Emphasis in the original.]
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11,288.
Abbott Laboratories v. Canada (Health) - 2008 FC 693 - 2008-05-29
Federal Court Decisions[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.
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11,289.
Birchcliff Energy Ltd. v. The Queen - 2017 TCC 234 - 2017-11-24
Tax Court of Canada JudgmentsWe were in the business of creating value, so this was a way to add some more value to the Devon deal that we already had, right? [...] In addition, there are a number of other documents setting this out which would have circulated around a fair number of people in the investment community.
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11,290.
1429539 Ontario Limited v. Café Mirage Inc. - 2011 FC 1290 - 2011-11-09
Federal Court Decisions[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;
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11,291.
AstraZeneca AB v. Apotex Inc. - 2004 FC 44 - 2004-01-14
Federal Court Decisions(3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité. [...] [26] Early in his submissions, counsel for AstraZeneca referred me to the affidavit of Ms. Da Costa and indicated that this would be important for dealing with the abuse of process issue.
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11,292.
Canada (Citizenship and Immigration) v. Jozepović - 2023 FC 1660 - 2023-12-20
Federal Court Decisions[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.
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11,293.
Canada (Minister of Citizenship and Immigration) v. Podins - 1999-07-09
Federal Court DecisionsPrior to his retirement, Mr. Podins had purchased an apartment in Hawaii, which he visited fairly frequently. [...] Rather, the document packages listed under "British", which deal with general inquiries, indicate that the IMM. 461 is to be attached. [...] its preamble that "all previous instructions concerning procedure in dealing with applications for admission are hereby cancelled and replaced by the following:-" Under the heading "Alien Immigration", at the bottom of page 1, it states, "[p]ersons who served with the enemy in any capacity are not eligible for admission."
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11,294.
Teva Canada Innovation v. Pharmascience Inc. - 2020 FC 1158 - 2021-01-06
Federal Court DecisionsThis 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.
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11,295.
J.D. Irving, Limited v. Siemens Canada Limited - 2016 FC 69 - 2016-01-22
Federal Court DecisionsIt is aimed at fairness and is not fixed (Lyttle at para 65; also see Quansah at para 80). [...] Each approach ultimately deals with the weight that should be assigned to the expert opinion, not with the admissibility of the underlying hearsay evidence independent of the opinion. [...] [247] Secondly, there was not a great deal of time between the barge assuming a port list and the loss and, during what time there was, efforts were being made to deal with T2’s tilt and any resultant barge list.
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11,296.
Milne v. Canada - 2021 FC 765 - 2021-07-19
Federal Court DecisionsThe 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?
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11,297.
Ahousaht First Nation v. Canada (Fisheries, Oceans and Coast Guard) - 2019 FC 1116 - 2019-08-29
Federal Court DecisionsThese observations do not fit squarely within one of the three components of the RJR-MacDonald test, and I consider that it is better to deal with them at the outset, before considering the test itself. [...] [113] I pause to note that the recent decision of the FCA in Squamish First Nation v Canada (Fisheries and Oceans), 2019 FCA 216 [Squamish], mentioned by the Five Nations in their oral submissions, also arises in a fairly different factual context.
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11,298.
Earlybirds Awards Inc. v. M.N.R. - 2000-09-15
Tax Court of Canada JudgmentsThe 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.
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11,299.
Uponor AB v. Heatlink Group Inc. - 2016 FC 320 - 2016-03-16
Federal Court Decisionsb) 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, which promotes both fairness and predictability; [...] c) The whole of the specification should be considered to ascertain the nature of the invention, and the construction of claims must be neither benevolent nor harsh, but instead should be reasonable and fair to both the patentee and the public. [...] The patent provides no useful definition or disclosure of what constitutes a substantial reduction, and the experts’ opinions of what a POSITA might understand that to mean creates a great deal of ambiguity in being able to ascertain what level of reduction constitutes a “substantial reduction”, further discussed below in
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11,300.
Apotex Inc. v. Sanofi-Aventis - 2012 FC 553 - 2012-05-23
Federal Court DecisionsI 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.