7,645 result(s)
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6,551.
Pfizer Canada Inc. v. Canada (Attorney General) - 2009 FC 719 - 2009-07-10
Federal Court DecisionsAt the same time, Parliament strengthened the Board’s mandate to deal with the price abuse that could potentially result from the monopolies that it had created. [...] Paragraph 4(4)(a) deals with the reporting of the average price per package in respect of each dosage form, and provides that: [...] 82. (1) Tout breveté doit, dès que possible après avoir fixé la date à laquelle il compte mettre en vente sur un marché canadien un médicament qui n’y a jamais été vendu, notifier le Conseil de son intention et de la date à laquelle il compte le faire.
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6,552.
Abbott Laboratories v. Canada (Minister of Health) - 2005 FC 1095 - 2005-08-10
Federal Court Decisions[8] Thus, in order to deal with this case, this Court must construe claims 15 and 20 of the '732 Patent. [...] Neither the text, nor the formula indicate that it deals with a solvate. [...] [53] The expert evidence suggests that it is customary for chemists to indicate in the formula and in the text if they are dealing with solvates.
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6,553.
Havana House Cigar & Tobacco Merchants Ltd. v. Skyway Cigar Store - 1998-05-19
Federal Court DecisionsHavana House carries on business in Canada dealing in the importation, distribution and sale of tobacco and tobacco products. [...] c) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés; [...] [84] Before concluding, I must also refer to two decisions dealing with grey marketing.
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6,554.
Millenium Pacific Greenhouses Partneship v. Canada (Employment and Social Development) - 2022 FC 960 - 2022-06-28
Federal Court DecisionsAs a result, it is not necessary to address the applicant’s procedural fairness arguments or its contention that the decision is tainted by a reasonable apprehension of bias. [...] [23] Also on December 10, 2020, Mr. Ayllon forwarded to Ms. Kwaw several emails detailing his dealings with Fraser Health concerning management of the outbreak. [...] [38] Meanwhile, ESDC/Service Canada had contacted UMHC seeking information about their dealings with Mr. Carrillo Perez and Millennium Pacific.
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6,555.
Distribution Prosol PS Ltd v. Custom Building Products Ltd - 2015 FC 1170 - 2015-10-15
Federal Court Decisions[16] Section 6 deals with the concept of “confusion” between two trade-marks. [...] They are all dominated by the word “Fusion” which is a fairly common noun, associated with the idea of bonding and joining two elements. [...] Where there is no direct overlap (or when dealing with common law marks), the Courts will consider the type of items covered by the trade-marks, usually in terms of their general class.
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6,556.
Adam v. Canada (Environment) - 2011 FC 962 - 2011-07-28
Federal Court Decisions(2) Le ministre compétent est tenu de faire la recommandation s’il estime que l’espèce est exposée à des menaces imminentes pour sa survie ou son rétablissement. [...] However, it misses the point, because the Decision clearly stated that the “[A]pplicants’ Treaty Rights and the Crown's obligation to act honourably in all of its dealings with Aboriginal peoples are not relevant” at all. [...] (2) Le ministre compétent est tenu de faire la recommandation s’il estime que l’espèce est exposée à des menaces imminentes pour sa survie ou son rétablissement.
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6,557.
Tippett v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 814 - 2011-07-04
Federal Court DecisionsThis does not suggest that the Minister was dealing with similar cases when the transfers were considered or that the Minister needed to explain why the Applicant’s request for transfer was refused when Mr. Curtis’ request was eventually granted. [...] [96] The jurisprudence is clear that the Minister is obliged to deal with each case individually on its merits. [...] As an anecdote, the fact that two of Mr. Grant's co-accused transfer requests have been approved may be compelling, but as a matter of law, the doctrine of legitimate expectations is limited to procedural fairness.
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6,558.
L.S. Entertainment Group Inc. v. Formosa Video (Canada) Ltd. - 2005 FC 1347 - 2005-09-30
Federal Court Decisions[6] Counsel for the Plaintiffs filed a further Supplementary Motion Record, dealing with the issues of damages and costs, on the 25th of February 2005. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] (3) Le tribunal doit, avant de rendre l'ordonnance visée au paragraphe (2), en faire donner préavis aux personnes ayant un intérêt dans les exemplaires ou les planches, sauf s'il estime que l'intérêt de la justice ne l'exige pas.
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6,559.
Georgetown Rail Equipment Company v. Rail Radar Inc. - 2018 FC 70 - 2018-01-31
Federal Court DecisionsUltimately, it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] Here, we are dealing with a specific application of a known technology to a specific industry, i.e., railways. [...] In my view, this is a fair articulation of the manner in which “contour” is used in the 082 and 249 Patents.
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6,560.
Chesters v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 727 - 2002-06-27
Federal Court Decisions1) the provisions in question must provide fair notice to the citizen; [...] The content of procedural fairness may require different things in different contexts. [...] [138] In my opinion, this argument about procedural fairness is misplaced in the present proceedings.
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6,561.
Hoffman-La Roche Limited v. Apotex Inc. - 2013 FC 718 - 2013-07-12
Federal Court DecisionsTraditionally, for reasons of fairness and predictability, Canadian courts have preferred the latter approach. [...] It only stands to reason that in undertaking an analysis of novelty, obviousness, sufficiency and utility, one should know the nature of the beast with which one is dealing. [...] [348] I would also note that there appeared to be a good deal of progress over a short period of time in addressing the bioavailability problems for oral administration.
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6,562.
Bayer Inc. v. Cobalt Pharmaceuticals Company - 2013 FC 1061 - 2013-10-22
Federal Court DecisionsExample 2 deals with the dissolution rate of the drospirenone in such tablets. [...] Example 4 deals with the bioavailability of those components in the tablets. [...] Example 5 deals with the contraceptive efficacy. [48] The claims – 53 in all – follow.
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6,563.
McCarthy v. Whitefish Lake First Nation #128 - 2023 FC 220 - 2023-02-15
Federal Court DecisionsElder Sparklingeyes believes the Common Law Marriage Prohibition no longer reflects the views of the majority of WLFN. He states that he is “aware of some people who do not vote because they don’t believe our elections are fair because people are not treated equally.” [...] I reach this conclusion keeping in mind that the goal of the rules of evidence is to “promote truth-finding and fairness” and to “facilitate justice” (Mitchell at para 30). [...] In this case, the evidence would need to establish an aboriginal right that specifically deals with exclusion of members on the basis of their Indian status...
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6,564.
Pfizer Canada Inc. v. Canada (Health) - 2008 FC 500 - 2008-04-17
Federal Court Decisions[21] In dealing with NOC proceedings, the first minefield is the Notice of Allegation. [...] [83] Taking the evidence as a whole into account, and dealing only with what is set out on the face of the patent, I do not find that what is set out in the patent is insufficient. [...] There has not been a great deal of discussion by the higher Courts in Canada as to the concept of “utility”.
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6,565.
Schreiber v. Canada - 1999-10-21
Federal Court Decisions3. When you receive French language transmissions, you will respond to same with a "stand-by" and shall request a controller working at any other workstation, or the Shift Supervisor, to deal with these transmissions. [...] Furthermore, Mr. Schreiber interpreted paragraph 4 of the third option to require him to "deal with" the concerns of other air traffic controllers. [...] [117] Part VI of the Official Languages Act, entitled "Participation of English-speaking and French-speaking Canadians", deals with employment in federal institutions.
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6,566.
X (Re) - 2018 FC 738 - 2018-08-30
Federal Court DecisionsThat’s fairly simple. CSIS has always had the power to undertake investigative activities abroad. [...] Clause 18 deals with the operations of the agency within Canada in respect of its cooperation with foreign states. [...] We’re dealing with a stateless world to some regard. Doesn’t this bill, in terms of CSIS now give wide extraterritorial applications for Canadian judicial decisions abroad in how we operate?
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6,567.
Energizer Brands, LLC v. The Gillette Company - 2018 FC 1003 - 2018-10-29
Federal Court Decisions...the judge is able to reach a fair and just determination on the merits on a motion for summary judgment. [...] The Court is dealing with the threshold issue: essentially, even assuming depreciation, does subsection 22(1) apply. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent;
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6,568.
ABB Technology AG v. Hyundai Heavy Industries Co., Ltd. - 2013 FC 947 - 2013-09-11
Federal Court DecisionsFor the reasons that follow it is unnecessary to deal with every issue in dispute. [...] Molony and Nilsson authored three reports dealing with claims construction, validity and infringement and they were each cross-examined with respect to their opinions. [...] The public is [page1054] entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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6,569.
Anglehart Sr. v. Canada - 2012 FC 1205 - 2012-10-18
Federal Court DecisionsThe MFO himself buys back some licences at their fair market value, according to the percentage of the TAC associated with each one. [...] Respect for the finality of a judicial or administrative decision increases fairness and the integrity of the courts, administrative tribunals and the administration of justice; on the other hand, relitigation of issues that have been previously decided in an appropriate forum may undermine confidence in this fairness and [...] [67] Sections 80 to 86 of the Rules deal with the conditions regarding affidavit evidence.
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6,570.
NCS Multistage Inc. v. Kobold Corporation - 2023 FC 1486 - 2023-11-07
Federal Court DecisionsI deal later with whether Claim 11 includes a sealed annular barrier when constructing Claim 11. [...] I will deal with the equalization valve development in relation to subsequent claims. [...] A fair assessment of the Defendants’ joint actual fees is $4,000,000.00 plus taxes and disbursements.
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6,571.
Pascal v. Canada (Citizenship and Immigration) - 2020 FC 751 - 2020-07-09
Federal Court DecisionsOn the one hand, Parliament has established a fairly low evidentiary threshold in this area and has given the decision maker a good deal of freedom to receive any evidence it considers reliable, whether or not it would normally be admissible in a court. [...] In my view, this is not a fair characterization of the ID’s decision. [...] However, he raised no argument regarding the fairness of admitting the book into evidence.
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6,572.
Mahjoub (Re) - 2017 FC 603 - 2017-06-19
Federal Court DecisionsTherefore, among other things dealt with in the motion, I declined to deal with the issue recusal. [...] I had not been provided a copy of it prior to the hearing although counsel for the applicant in fairness indicates that it was filed. [...] I believe, just checking my notes to see if there is anything else that I wanted to deal with.
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6,573.
Stoyek v. Canada (Attorney General) - 2017 FC 47 - 2017-01-13
Federal Court DecisionsIt is impossible for me to be hopeful or enthusiastic about the future knowing I have suffered a heart attack at age 48, have coronary artery disease, have had cancer, have to deal daily with being a Type 1 insulin dependent diabetic, suffer from hearing loss, have struggle with the depression and other symptoms I [...] He was dealing with some family challenges and was experiencing some periods of low mood and energy. [...] Dr. Genest’s intention was to correct what he considered to be a misinterpretation of his prior reports that, he says, were never intended to deal with that issue in the first place.
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6,574.
Cameco Corporation v. "MCP Altona" (The Ship) - 2013 FC 1263 - 2013-12-19
Federal Court Decisions[21] In response, the Affidavit of David F. McEwen sworn September 26, 2013 [the second McEwen Affidavit] states that both counsels’ offices deal with documents in a different manner. [...] The Court did not deal with the disbursements. He further submits that: [...] Considering that the period covered by the Bill of Costs overlaps the period while counsel were also dealing with the assessment of the Marshall’s costs, Mr. McEwen indicates that he caused, in an effort to properly and fairly account for all disbursements, for certain disbursements to be split 50/50 between the two issues.
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6,575.
Gulyas v. Canada (Citizenship and Immigration) - 2013 FC 254 - 2013-03-08
Federal Court Decisions[32] The RPD stated that Roma continue to experience discrimination in many areas of life, but the Hungarian government has adopted measures to try to deal with this problem. [...] The Board also erred in relying on the efforts deployed by the state to deal with the difficulties faced by the Roma people. [...] Evidence of the actions taken by police to address notorious, well-publicized, serial killings is of little persuasive value in showing how the police deal with more common criminals.