11,311 result(s)
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2,001.
Janssen Inc. v. Teva Canada Limited - 2015 FC 184 - 2015-02-16
Federal Court DecisionsFurthermore, references dealing with other compounds “that are not related” to the subject compound are “not particularly useful either”. [...] The degradation occurred fairly rapidly and most likely too rapidly for a liquid formulation to be possible. [...] The references dealing with lyophilization would be unhelpful because the person of skill already understood that technique to be one option among others.
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2,002.
Desmarais v. The Queen - 2006 TCC 44 - 2006-02-16
Tax Court of Canada Judgments[16] The enactment of this section in 1988 led to the flow of a great deal of ink in writings concerning its scope and its interpretation. [...] (ii) shares of the capital stock of the payer corporation having a fair market value of more than 10% of the fair market value of all of the issued shares of the capital stock of the payer corporation. [...] when the shares of an operating company are transferred to a holding company with which the transferor deals at arm's length, in accordance with the broader concept of arm's length dealing in paragraphs 84.1(2)(b) and (d) of the Act. This was not the case here: Mr. Desmarais and 6311 were not dealing at arm's length.
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2,003.
Van Vlymen v. Canada (Solicitor General) - 2004 FC 1054 - 2004-08-03
Federal Court DecisionsThe duty to act fairly is the minimal requirement for procedural fairness and as such amounts to a violation of s. 7 of the Charter in that the Applicant's liberty and the security of his person were adversely affected in a manner that was not in accordance with the principles of fundamental justice. [...] It was only because of the persistence of the Applicant and others on his behalf that the authorities were forced to keep dealing with this matter. [...] The Applicant was dealt with fairly and in accordance with the principles of fundamental justice.
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2,004.
Merck & Co. Inc. v. Apotex Inc. - 2006 FC 524 - 2006-04-26
Federal Court Decisions[162] In this case, the evidence shows that there has been a use of lisinopril that should be considered in the circumstance of “fair dealing”. [...] [163] As to this research and development material, I find that it clearly falls within the “fair dealing” exemption provided by the Supreme Court of Canada in Micro Chemicals. [...] [170] I have found that section 55.2(l) of the Patent Act and the common law as to “fair dealing” afford exemptions as to certain Apotex activity that would otherwise infringe the claims at issue.
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2,005.
Bertomeu v. The Queen - 2006 TCC 85 - 2005-04-06
Tax Court of Canada JudgmentsWhile it may be true, as suggested in Mohammad, that paying fair market value for something is prima facie reasonable, I am unable to agree with the Crown that it necessarily follows that paying more than fair market value is unreasonable. [...] There may be circumstances in which a decision to pay more than fair market value for something is a reasonable decision. [...] . . . (i) employment if the employer and employee are not dealing with each other at arm’s length.
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2,006.
Khatun v. Canada (Citizenship and Immigration) - 2012 FC 159 - 2012-02-06
Federal Court Decisions[44] The adequacy of translation is an issue of procedural fairness. [...] Fairness with Respect to Interpretation [66] The Applicant is correct in stating that questions of adequate interpretation raise issues of procedural fairness. [...] COUNSEL FOR CLAIMANT [CC]: I just have a preliminary issue to deal with.
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2,007.
Jahazi v. Canada (Citizenship and Immigration) - 2010 FC 242 - 2010-03-02
Federal Court Decisions[52] The provisions deal with subversion and terrorism. The context in immigration legislation is public safety and national security, the most serious concerns of government. [...] [52] The content of the duty of fairness is variable and contextual. [...] The discharge of a visa officer’s duty of fairness must be assessed on a case by case basis.
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2,008.
TD Securities (USA) LLC v. The Queen - 2010 TCC 186 - 2010-04-08
Tax Court of Canada Judgments[51] It is fair to say that in this case there is a tension between the ordinary meaning of the terms used in the treaty and its object and purpose. [...] This is best left for a court to deal with in the future should it arise. [...] [2] See paragraph 6 of Article X of the US Treaty dealing with Dividends.
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2,009.
Smithkline Beecham Animal Health Inc. v. Canada - 2002 FCA 229 - 2002-05-31
Federal Court of Appeal DecisionsHe says that the amounts that would have been reasonable in the circumstances if the Affiliates and the Appellant had been dealing at arm's length are set out below and he consequently disallowed amounts in excess thereof: [...] Is this paragraph a fair summary of all the facts we talked about during this examination? [...] [16] On October 26, 2000 the examination for discovery of Mr. Truckle resumed to deal with matters still outstanding (Exhibit R to the Affidavit of Martin Sorensen, Appeal Book Volume II, pages 391-448).
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2,010.
Nike Canada Ltd. v. Doe - 1999-09-30
Federal Court DecisionsOR DEAL IN UNAUTHORIZED OR COUNTERFEIT NIKE MERCHANDISE, AND THOSE PERSONS LISTED [...] 3. The Plaintiffs" solicitor shall ensure that the nature and effect of this Order is explained fairly and in everyday language to the persons served with the Order. [...] 3. The Plaintiffs" solicitor shall ensure that the nature and effect of this Order is explained fairly and in everyday language to the persons served with the Order.
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2,011.
Kossow v. The Queen - 2008 TCC 422 - 2008-07-18
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] To some extent the court's discretion must in part be based on convenience, efficiency and fairness. [...] 4. The Appellant was denied a full and fair examination for discovery of the Respondent.
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2,012.
Arnold v. Canadian Human Rights Commission - 1996-09-18
Federal Court Decisions(1) That the Respondent SSHRC erred in declining to exercise its jurisdiction to deal with the Applicant's complaint of irregularities and discrimination in the 1993-94 law competition of the Doctoral Fellowship Program, contrary to the requirements of procedural fairness; [...] The disorder is constitutional and indicates a disturbance of cognitive functions dealing with the abstract symbols of written language. [...] 10. The decision to dismiss a complaint is an administrative one to which the doctrine of fairness applies.
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2,013.
Amos v. Canada (Attorney General) - 2018 FC 1242 - 2018-12-11
Federal Court DecisionsNonetheless, the Act deals with the issue of the presence of the inmate at the hearing: [...] These provisions deal with: • - disobeying a statute; • - criminal harassment; [...] The other violations of procedural fairness are consistent with the requirement for heightened procedural fairness.
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2,014.
Chief Gayle Strikes With a Gun v. Piikani First Nation - 2014 FC 908 - 2014-09-23
Federal Court DecisionsIncluded in the document is how to deal with suspension or removal of member of Council. [...] At the meeting the Chief asked that Council move on to Council business and deal with her answers later. [...] The Board is a sophisticated board that understands procedural fairness and ensured that there were no breaches of procedural fairness.
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2,015.
Breckon v. Cermaq Canada Ltd. - 2024 FC 225 - 2024-02-09
Federal Court DecisionsIt is also worth noting that Sun‐Rype was a case dealing with class certification, not with the approval of a settlement agreement. [...] This again defies the rules of fairness and reasonableness to the Class Members. [...] [134] These risks were addressed above in the likelihood of recovery subsection when dealing with the approval of the Settlement Agreement.
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2,016.
Nunavut Wildlife Management Board v. Canada (Fisheries and Oceans) - 2009 FC 16 - 2009-01-07
Federal Court DecisionsThe applicant refers to a January 28, 2008 memorandum from Michelle d’Auray, Deputy Minister dealing with the turbot quota transfer request from Seafreez to Labrador Shrimp Co. and Clearwater. [...] [60] I will deal with the issues in the following order: 1. Does the NWMB have standing to bring this application; [...] [110] Is 68% a fair distribution of the licences to Nunavut interests?
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2,017.
B198 v. Canada (Citizenship and Immigration) - 2013 FC 1106 - 2013-10-30
Federal Court Decisions[26] Whether the applicant was denied procedural fairness, however, attracts the standard of correctness. [...] Did the delay between the hearing and decision constitute a breach of procedural fairness? [...] [66] There is a great deal of jurisprudence dealing with judicial review of Board decisions made with respect to refugee claimants who were passengers on the MV Sun Sea. Counsel is justified in noting some earlier decisions that upheld determinations of the Board which found that being a passenger on the ship was sufficient
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2,018.
Pava v. Canada (Citizenship and Immigration) - 2019 FC 1239 - 2018-09-26
Federal Court Decisions[19] The decision reviews the various state mechanisms charged with the protection of minorities in Hungary, as well as institutions that deal with complaints against the police. [...] [54] A court assessing a procedural fairness argument is required to ask whether the procedure was fair having regard to all of the circumstances, including the Baker factors. [...] [67] The panel does not find the steps required to deal with a police officer whom a citizen might think has been unhelpful to be onerous ones.
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2,019.
Janssen Inc. v. Celltrion Healthcare Co., Ltd. - 2016 FC 651 - 2016-06-09
Federal Court DecisionsThe prothonotary did not deal with this matter. I spoke to Counsel for the parties stating that I did not believe that it was necessary for me to deal with this motion. [...] i. It has a fairly arguable case to make as to the constitution of the PMNOC Regulations, particularly subsection 5(2); [...] (iv) If the Case is Fairly Arguable, Should the Matter go to a Further Hearing?
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2,020.
Genex Communications Inc. v. Fillion - 2007 FC 276 - 2007-03-09
Federal Court Decisions[23] Therefore, the power to control its procedure should logically include the adjudicator’s power to ensure procedural fairness during a hearing. [...] Consideration of this additional factor makes me even more inclined to give a liberal interpretation to the adjudicator’s jurisdiction in accordance with procedural fairness. [...] In dealing with the question of the use of confidential information we are dealing with a matter that is usually not susceptible of proof.
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2,021.
Imperial Oil Ltd. v. The Queen - 2003 TCC 46 - 2003-02-14
Tax Court of Canada Judgments[29] Out of respect to learned counsel for the respondent I shall deal with each of the arguments presented by him. [...] The proposed amendments are designed to deal with two related issues. [...] [47] The Attorney General of Canada can deal with the appeals at the same time as the CCRA is proceeding with the audit.
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2,022.
Losada Conde v. Canada (Citizenship and Immigration) - 2020 FC 626 - 2020-05-15
Federal Court DecisionsWhether the RPD breached procedural fairness by refusing to permit counsel to question the PA; [...] Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation (Moreau-Bérubé, para 74). [...] In addition, of course, the Insight Crime article deals only with FARC guerillas and not the urban militia who the Applicants fear.
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2,023.
Valenzuela v. Canada (Citizenship and Immigration) - 2016 FC 879 - 2016-07-27
Federal Court Decisions[5] This matter deals with the interpretation of the transitional provision contained in subsection 31(1) of the Strengthening Canadian Citizenship Act. There are two issues raised by Mr. Valenzuela. [...] The principle of procedural fairness can never create substantive rights. [...] Furthermore, CIC’s decision also in no way breaches the rules of procedural fairness.
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2,024.
Fitzpatrick v. Codiac Regional RCMP Force, District 12 - 2019 FC 1040 - 2019-08-02
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] The reason for this is simple – it is not fair to a defendant to have to respond to claims that are not explained in sufficient detail for them to understand what the claim is based on, or to have to deal with claims based on unsupported assumptions or speculation. [...] Neither is it fair to the Court that will have to ensure that the hearing is done in a fair and efficient manner.
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2,025.
Love v. Canada (Privacy Commissioner) - 2015 FCA 198 - 2015-09-17
Federal Court of Appeal Decisions[3] Mr. Love’s complaint to the Commission arose from his dealings with the Office of the Privacy Commissioner of Canada [the OPC]. [...] D. Mr. Love’s Rights to Procedural Fairness [29] Finally, there is no evidence of any denial of procedural fairness by the Federal Court in its treatment of Mr. Love. [...] Moreover, even if he did not do so, the failure to discuss this issue would not constitute a denial of procedural fairness as the Federal Court’s decision does not turn on these comments.