7,645 result(s)
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6,776.
Merck & Co., Inc. v. Apotex Inc. - 2013 FC 751 - 2013-07-16
Federal Court DecisionsThese Reasons for Judgment deal with the quantum of damages to be paid to the Plaintiffs. [...] [31] In dealing with this issue, I have organized my analysis with regard to the following questions: [...] [215] I am not certain why this issue was not fully and fairly put to Apotex earlier.
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6,777.
Katlodeeche First Nation v. Canada (Attorney General) - 2013 FC 458 - 2013-05-02
Federal Court DecisionsProcedural Fairness [85] In paragraphs 91-105 of KFN’s submissions it is argued that the Board breached rules of procedural fairness. [...] [87] For the above reasons, the AG submits that the Court must take it as settled that the Board’s process was fair. [...] When I examine the whole record, I find that adequate consultation has, in fact, occurred, but this does not mean that the Crown has accepted that every concern raised by KFN is justified and requires specific licencing provisions to deal with it.
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6,778.
Thibodeau v. Greater Toronto Airports Authority - 2024 FC 274 - 2024-02-20
Federal Court DecisionsI will deal with both applications at the same time because a number of issues are common to both. [...] However, these signs were not part of Mr. Thibodeau’s complaint to the Commissioner and, as such, I cannot deal with them. [...] [27] Subsections 23(1) and (2) of the OLA deal with the duty of federal institutions that provide services or make them available to the travelling public.
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6,779.
Eli Lilly Canada Inc. v. Apotex Inc - 2015 FC 875 - 2015-07-20
Federal Court Decisions[51] The portions of his affidavit that are relevant in this application deal with the issue of double patenting. [...] To be fair, both sides have at times confused the issue, and all four experts were instructed to consider the issue of double patenting as of July 14, 1995. [...] This concession is significant as much of the evidence of both parties’ experts in this case deals with prior art published before January 21, 1994.
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6,780.
Jodhan v. Canada (Attorney General) - 2010 FC 1197 - 2010-11-29
Federal Court DecisionsMy browser was unable to read the English version; it stuttered to deal with the content. [...] The Court will first deal with the five examples presented by the applicant. [...] [181] Rule 400 of the Federal Courts Rules deals with the Court’s discretion to award costs.
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6,781.
Canada (Attorney General) v. Ader - 2017 FC 838 - 2017-09-25
Federal Court Decisions[87] I would like to thank counsel for the Attorney General and the amicus, Mr. Carter, for their commendable efforts and diligence in dealing with this Application. [...] [...] [...] Protection of right to a fair trial Protection du droit à un procès équitable [...] Page 22 first occurrence “is dealing with”; 3. Page 23 all section 38 claims;
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6,782.
Blossman Gas, Inc. v. Alliance Autopropane Inc. - 2022 FC 1794 - 2022-12-23
Federal Court DecisionsWith respect to the slogan, while POWERED BY PROPANE may be considered suggestive of the services offered, the particular phrasing nonetheless has a degree of distinctiveness, such that the mark as a whole has a fairly high degree of inherent distinctiveness. [...] It argues that the language dealing with termination focuses on the use of the word AUTOGAS, and implicitly permits the use of the word ALLIANCE after expiry of the agreement, provided it is not used in association with the word AUTOGAS. [...] [118] Paragraph 18(1)(e) is a fairly new provision, having come into force on December 13, 2018: Budget Implementation Act, 2018, No 2, SC 2018, c 27, s 218.
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6,783.
David Suzuki Foundation v. Canada (Health) - 2019 FC 1637 - 2019-12-18
Federal Court Decisionsb) soit obliger le titulaire à faire le rappel du produit et à procéder à sa disposition de la manière qu’il précise; [...] b) soit obliger le titulaire à faire le rappel du produit et à procéder à sa disposition de la manière qu’il précise; [...] Mesures pour faire observer la loi Inspector may order measures Mesures requises par l’inspecteur
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6,784.
Munir v. Canada (Citizenship and Immigration) - 2024 FC 153 - 2024-01-30
Federal Court DecisionsIt is “an approach meant to ensure that courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process. [...] As a result, it is unnecessary to deal with the other issues raised by the Applicant.
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6,785.
Banff Caribou Properties Ltd. v. Canada (Attorney General) - 2023 FC 312 - 2023-03-06
Federal Court DecisionsLe ministre peut, en ce qui concerne un choix prévu par une disposition visée par règlement, proroger le délai pour faire le choix ou permettre la modification ou l’annulation du choix si les conditions suivantes sont réunies : [...] [32] The Applicant argued that the Tax Court in Terminal Norco failed to deal with what is at the heart of its submissions on this point.
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6,786.
Elshafi v. Canada (Citizenship and Immigration) - 2023 FC 266 - 2023-02-24
Federal Court DecisionsIn my view, a reasonable and fair-minded person would judge the requirement that he leave Canada and go to a war zone where a dire humanitarian crisis prevails so that he could apply for permanent residence as a misfortune potentially deserving of amelioration. [...] [33] The Applicants submit that Kanthasamy requires decision-makers to go beyond merely stating that the BIOC have been considered; these interests must be “well identified and defined” and examined “with a great deal of attention”: at para 39.
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6,787.
Crook v. Canada (Attorney General) - 2022 FC 1670 - 2022-12-05
Federal Court Decisions[18] The Guideline includes a section dealing with applicants providing proof of having $5,000 in income. [...] These reasons use as a translation the English version of the Guideline as reproduced in Aryan at para 33, which I am satisfied reasonably represents a fair translation of the French document.]
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6,788.
Alrebeh v. Canada (Citizenship and Immigration) - 2022 FC 1389 - 2022-10-11
Federal Court DecisionsHowever, the Officer found that, given the seriousness of the potential consequences, the applicant should be expected to deal with her in-laws directly and, if necessary, to distance her son from them. [...] While I agree with the applicant that the Officer is not a physician and is not qualified to determine suitable treatment or medication options for Ali, in fairness to the Officer, the decision is responsive to the submissions advanced.
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6,789.
Van Heest v. Canada (Citizenship and Immigration) - 2019 FC 161 - 2019-02-07
Federal Court Decisions[12] The decision fairly summarises the various episodes in this sad story. [...] There are indications on this record that such inference was made at times, including when the Immigration Appeal Division made it an express condition of a stay of the removal order that the applicant continue to deal with his bipolar situation.
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6,790.
Canada (Attorney General) v. Stewart - 2018 FC 768 - 2018-07-20
Federal Court DecisionsThe AD relied upon another case before the AD dealing with the same issues as those in Mr. Stewart’s case, and on this basis concluded that his case might be “arguable,” so the AD could not conclude that his case was bound to fail. [...] [38] Mr. Stewart for his part argues that the decision of the AD is fair and that his OAS benefits should be reinstated for the period of time they were withheld.
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6,791.
Angelcare Development Inc. v. Munchkin, Inc. - 2018 FC 447 - 2018-04-24
Federal Court Decisionsthe salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which includes the public interest in open and accessible court proceedings (Sierra Club at paras 53, 58, 69). [...] [24] There is little case law that explicitly deals with the issue of preventing disclosure of commercially sensitive and confidential information to the receiving party’s in-house counsel.
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6,792.
Tovar v. Canada (Citizenship and Immigration) - 2016 FC 598 - 2016-05-30
Federal Court DecisionsMoreover, the RPD benefits from the specialized knowledge of its members in assessing evidence that deals with facts related to their field of expertise (El-Khatib v. Canada (Citizenship and Immigration), 2016 FC 471 at paragraph 6). [...] According to Ms. Tovar, Le Singe had been fairly insistent in April 2013 and had contacted her repeatedly over a very short period of time.
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6,793.
Transport Réal Ménard inc. v. Ménard - 2015 FC 616 - 2015-05-11
Federal Court DecisionsThe tension was such that, in October 2009, the respondent asked the President and owner of the applicant, Réal Ménard, if he could stop dealing with Ms. Young, insofar as possible. [...] [12] With respect to the reinstatement order, the applicant also maintains that the Adjudicator exceeded his jurisdiction, thereby breaching the rules of procedural fairness, because the respondent, in his written communications with the Adjudicator, allegedly expressly waived his right to such a remedy.
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6,794.
Capa v. Canada (Citizenship and Immigration) - 2014 FC 648 - 2014-07-03
Federal Court DecisionsGiven the apparently conflicting narrative that Aleti was obsessively stalking Ms Capa and continually demanding that she agree to be re-engaged with him, it was fair to impose a requirement on the applicants to provide detailed evidence explaining how in a small geographic region the applicants were able to live together [...] In the present case, both personal and country documentation corroborated the applicants’ story and yet the member did not deal with this documentary evidence.
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6,795.
Ménard v. Canada (Attorney General) - 2014 FC 260 - 2014-03-17
Federal Court Decisions(2) Sous réserve du paragraphe (3), cette personne ou cet organisme doit, dès que sa decisionest rendue, faire connaître au délinquant qui y a droit au titre de la présente partie ou des règlements les renseignements pris en compte dans la décision, ou un sommaire de ceux-ci. [...] The CSC is not required to obtain information from the SQ to support the references it made in his referral sheets to the information from the SQ dealing with the applicant’s affiliation with the Hell’s Angels.
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6,796.
Tan Gatue v. Canada (Citizenship and Immigration) - 2012 FC 730 - 2012-06-12
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] [33] Rather, the Court finds that, on the basis of the evidence on record, the applicants were not forthright in their dealings with immigration authorities and thereby did not fulfill their “duty of candour”.
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6,797.
Said v. Canada (Citizenship and Immigration) - 2011 FC 1245 - 2011-11-01
Federal Court Decisions[26] The Applicant also says that, had the Officer complied with the rules of procedural fairness, she would have found he was a member of the Spouse in Canada class. [...] He does not explain what the best interests of the children or other H&C factors have to do with a decision under subsection 124 of the Regulations that deals with whether the Applicant has established that he has an interdependent relationship with his Sponsor and cohabitates with her.
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6,798.
Shpati v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 367 - 2010-04-07
Federal Court Decisions[14] The process undergone by Mr. Shpati is fairly typical of that undergone by refugee claimants who are not suspected of being inadmissible due to serious criminality or other grounds. [...] Section 112 of IRPA, in Division 3 thereof, which deals with pre-removal risk assessments, provides that “...a person in Canada ... may apply to the Minister for protection...”
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6,799.
L'Écuyer v. Canada - 2009 FC 541 - 2009-05-28
Federal Court DecisionsIn conducting my own analysis of the evidence submitted by Mr. L’Écuyer, I have reached the same conclusion as the RCMP. It should be noted that the agencies dealing with the access to information requests all categorically stated that there was no file on Mr. L’Écuyer. [...] 4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande:
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6,800.
Jakhu v. Canada (Citizenship and Immigration) - 2009 FC 159 - 2009-02-13
Federal Court Decisions[16] Counsel for the applicant has raised five separate arguments dealing with various aspects of the PRRA officer’s decision. [...] Once again, a careful reading of that documentation, and in particular of the U.S Department of State Country Reports on Human Rights Practices and of the Home Office (U.K.) Operational Guidance Note for the year 2007 has persuaded me that the officer’s analysis of the situation is fair and balanced, and accurately reflects