7,645 result(s)
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6,826.
Bellingy v. Canada (Citizenship and Immigration) - 2015 FC 1252 - 2015-11-05
Federal Court Decisions[26] Also, the applicant submits the Board was selective in its analysis and did not do a fair and adequate analysis of all the evidence. [...] (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
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6,827.
Westchor Terminals Limited v. Leo Ocean S.A. - 2014 FC 136 - 2014-02-07
Federal Court Decisions[70] Pursuant to section 12 of the Interpretation Act, R.S.C. 1985, c. I-21, statutes are to receive a fair, large and liberal construction: [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] The Convention referenced above deals with the arrest of sister ships.
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6,828.
Kanthasamy v. Canada (Citizenship and Immigration) - 2013 FC 802 - 2013-07-19
Federal Court DecisionsIn addition, the applicant submits that the Officer breached the duty of procedural fairness by failing to provide reasons. [...] Procedural fairness is to be assessed on a standard of correctness. Factual determinations and mixed questions of fact and law are to be assessed on a standard of reasonableness. [...] 5 In my view, it was an error in law for the immigration officer to have concluded that she was not required to deal with risk factors in her assessment of the humanitarian and compassionate application.
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6,829.
Sun v. Canada (Citizenship and Immigration) - 2012 FC 206 - 2012-02-13
Federal Court DecisionsIRPA. I am in agreement with the view expressed by Justice Kelen at paragraph 38 of his reasons in de Guzman, above, that "The objective of family reunification does not override, outweigh, supersede or trump the basic requirement that the immigration law must be respected, and administered in an orderly and fair manner." [...] [40] In Newfoundland and Labrador Nurses’ Union, above, at paragraphs 12 to 18, the Supreme Court of Canada recently provided guidance for dealing with the adequacy of reasons of administrative tribunals: [...] See also David Mullan, “Dunsmuir v. New Brunswick, Standard of Review and Procedural Fairness for Public Servants: Let’s Try Again!
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6,830.
Lumayno v. Canada (Citizenship and Immigration) - 2009 FC 765 - 2009-07-27
Federal Court DecisionsThe Applicant stayed with her aunt in Thornhill, Ontario and, after a few days of dealing with the shock, went to the agency to discuss other job options. [...] 199. L’étranger peut faire une demande de permis de travail après son entrée au Canada dans les cas suivants : [...] d) l’étranger cherche à entrer au Canada et à faire partie de la catégorie des aides familiaux, à moins qu’il ne se conforme à l’article 112;
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6,831.
Pharmascience Inc. v. Canada (Attorney General) - 2007 FC 1323 - 2007-12-14
Federal Court DecisionsIn my view, discretion of this sort warrants judicial deference that recognizes the special expertise and responsibilities of the Minister and his advisers within HPH (Health Protection Branch) who must deal with numerous applications for approval of new drugs ... it is now accepted that a court will intervene only where [...] Is that fair to say? A. That’s fair to say. [27] Further, in relation to the safety of component Y, the applicant submits that Ms. Cockell’s testimony is consistent with:
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6,832.
See You In – Canadian Athletes Fund Corporation v. Canadian Olympic Committee - 2007 FC 406 - 2007-04-18
Federal Court DecisionsAt the most, the Court suggested that such evidence would be admissible on issues of procedural fairness and jurisdiction with leave of the Court. [...] However, the parties proceeded without reservation to deal with the affidavit evidence of the Respondent. [...] 3. Une marque de commerce est réputée avoir été adoptée par une personne, lorsque cette personne ou son prédécesseur en titre a commencé à l’employer au Canada ou à l’y faire connaître, ou, si la personne ou le prédécesseur en question ne l’avait pas antérieurement ainsi employée ou fait connaître, lorsque l’un d’eux a
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6,833.
Caesarstone Sdot-Yam Ltd v. Ceramiche Caesar S.P.A - 2016 FC 895 - 2016-08-03
Federal Court Decisions[14] Each party’s mark has a fair degree of inherent distinctiveness: the CAESARSTONE Mark is a coined word consisting of the terms “Caesar” and “stone”, the former of which is inherently distinctive, while the latter is descriptive of the Applicant’s Opposed Services. [...] [42] The Second Feiglin Affidavit repeats more or less the First Feiglin Affidavit, which the TMOB did not initially afford much weight because the Applicant does not have specific procedures for dealing with confusion in the marketplace, and because any confusion in Canada would be reported to Caesarstone Canada. [...] [48] I will deal with each of these issues below. [49] The Applicant also raised a preliminary objection as to whether the TMOB properly identified the evidentiary burden on an applicant for registration.
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6,834.
Spirits International B.V. v. BCF S.E.N.C.R.L. - 2011 FC 805 - 2011-06-30
Federal Court Decisions[30] While the Denisov Affidavit purports to deal with the question of control over the quality and character of vodka sold in Canada under the MOSKOVSKAYA trade-mark, the Court is of the view that this evidence would not have materially affected the Registrar’s findings of fact on this issue. [...] [42] As a preliminary matter, Spirits submits that since the Registrar did not deal with the question of use, because it concluded that the evidence of control was insufficient, the matter should be referred back to the Registrar for determination on this issue. [...] (3) Sous réserve de tout accord encore valide entre lui et le propriétaire d’une marque de commerce, le licencié peut requérir le propriétaire d’intenter des procédures pour usurpation de la marque et, si celui-ci refuse ou néglige de le faire dans les deux mois suivant cette réquisition, il peut intenter ces procédures en
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6,835.
Danone Inc. v. Canada (Attorney General) - 2009 FC 44 - 2009-01-20
Federal Court Decisionsd’une ordonnance d’un office fédéral, rendue à tout stade des procédures, cette décision ou cette ordonnance ne peut, dans la mesure où elle est susceptible d’un tel appel, faire l’objet de contrôle, de restriction, de prohibition, d’évocation, d’annulation ni d’aucune autre intervention, sauf en conformité avec cette loi. [...] ... (c) hear, determine and deal with all appeals that, pursuant to any other Act of Parliament or regulations thereunder, may be made to the Tribunal, and all matters related thereto; and [...] In the ITO case, above, the Supreme Court of Canada found that Canadian maritime law and other laws dealing with navigation and shipping come within section 91(10) of the Constitution Act, 1867, thus confirming federal legislative competence.
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6,836.
Olah v. Canada (Attorney General) - 2006 FC 1245 - 2006-10-18
Federal Court DecisionsJudicial review does not deal with the merits and a favourable result to an inmate would simply return the matter for redetermination to the tribunal appealed from. [...] (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product, [...] 90. There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u).
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6,837.
Rivan v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1326 - 2002-12-24
Federal Court DecisionsThe claimant made declarations to the panel that seemed designed to test the reactions of the members, like his statement that he knew his claim was going to be rejected, or his offer to report a member of the Hezbollah in Montreal, as part of a "deal" that the panel had no jurisdiction to make with him. [...] [21] ... At the same time, the Board must be accorded the trust in its careful and fair dealing with the cases that come before it... that its status as an independent court of record demands.
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6,838.
Canada (Minister of Citizenship and Immigration) v. Varela - 2002 FCT 167 - 2002-02-14
Federal Court DecisionsI will deal with these additional issues first. ANALYSIS a) Mootness and Applicable Law [...] At the relevant time, as now, the test for leave to seek judicial review was that set out in Bains v. Canada (Minister of Employment and Immigration)[11] where Mr. Justice Mahoney wrote that the only question on an application for leave to seek judicial review is whether a "fairly arguable case" was disclosed for the relief [...] The obvious intent was to allow this Court to deal with, but only with, such issues as required to give the Trial Division general guidance where otherwise there might be inconsistencies between the judges of the Trial Division on a "serious question of general importance".
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6,839.
Poitras v. Twinn - 2001 FCT 690 - 2001-06-22
Federal Court DecisionsAlthough each will necessarily result in a separate order, it is convenient to deal with them together in a single set of reasons. [...] a) après avoir donné un avis convenable de son intention de ce faire, fixer les règles d'appartenance à ses effectifs; [...] He failed to seize on or deal with the problem of interpretation raised by the motion and did not put forward any of the arguments which ultimately found favour with the Court.
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6,840.
Sunderland v. Toronto Regional Real Estate Board - 2023 FC 1293 - 2023-09-25
Federal Court DecisionsIn addition, they do not provide enough facts or particulars to ensure that the trial proceedings will be “both manageable and fair”: see paragraph 49 above. [...] (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product, [...] [5] Part VI of the Competition Act deals with criminal matters.
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6,841.
Ital-Press Ltd. v. Sicoli - 1999-05-31
Federal Court Decisions[46] Earlier in these reasons, I engaged in a fairly lengthy description of the appearance and the content of the Guidas and the Directories. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent; [...] c) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés;
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6,842.
Brink’s Global Services Korea Ltd. v. Woowon Sea & Air Co. Ltd. - 2022 FC 1512 - 2022-11-07
Federal Court Decisionsf) une demande d’indemnisation, fondée sur une convention relative au transport par navire de marchandises couvertes par un connaissement direct ou devant en faire l’objet, pour la perte ou l’avarie de marchandises en cours de route; [...] This is because among other things, “Prothonotaries deal with an extraordinary volume of procedural issues” (Novopharm Ltd v Nycomed Canada Inc, 2011 FC 109 [per Mandamin J] at para 22 [Novopharm]). [...] f) une demande d’indemnisation, fondée sur une convention relative au transport par navire de marchandises couvertes par un connaissement direct ou devant en faire l’objet, pour la perte ou l’avarie de marchandises en cours de route;
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6,843.
Nagalingam v. Canada (Citizenship and Immigration) - 2012 FC 176 - 2012-02-08
Federal Court Decisions1) Whether the Delegate breached his right to procedural fairness by: [...] [160] One of the fundamental principles of administrative law is procedural fairness. [...] [164] In the present case, of course, we are not dealing with criminal procedure and the full panoply of safeguards devised to ensure that guilt is established beyond reasonable doubt.
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6,844.
Kirkbi AG v. Ritvik Holdings Inc. - 2002 FCT 585 - 2002-05-24
Federal Court Decisions[23] While the foregoing statement of issues is admirable for its brevity and simplicity it belies the complexity of the arguments relating to contravention of paragraph 7(b) of the Act. In my analysis, I will deal separately with the various elements of that issue. [...] [159] While I am satisfied that the cause of action here is a statutory tort and that therefore the foregoing reasoning applies, we are not here dealing with "...the particular question of prescription in actions against the Crown." [...] In the circumstances, I decline to deal in a more formal way with the objection of counsel for the plaintiffs.
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6,845.
Bristol-Myers Squibb Canada Co. v. Apotex Inc. - 2009 FC 137 - 2009-02-10
Federal Court DecisionsExample X deals with preparation of a phosphate salt and is not of interest in this proceeding. [...] Examples XI and XII are of interest as they deal with preparation of the dihydrochloride monohydrate salt. [...] [174] Double patenting only applies when dealing with the same person getting two or more patents.
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6,846.
Pfizer Canada Inc. v. Canada (Minister of Health) - 2005 FC 1725 - 2005-12-20
Federal Court DecisionsIf he uses language which, when fairly read, is avoidably obscure or ambiguous, the Patent is invalid, whether the defect be due to design, or to carelessness or to want of skill. [...] In Western Electric Co. v. Baldwin International Radio of Canada, [1934] S.C.R. 570, the Court cited earlier authority dealing with the word "conduit" as used in a patent claim. [...] The public is [page1054] entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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6,847.
Canada (Attorney General) v. Kempo - 2004 FC 1678 - 2004-11-30
Federal Court DecisionsIt is the very essence of any judicial system deserving of public confidence that, above all else, every litigant be given a fair chance and be seen to have been given it. [...] [122] In making this observation, I have in mind the motions judge dealing with summary dismissal need not be a designated judge of this Court and in many cases may well be a judge of the superior court of a Province or Territory and would have, if the order requested is made, access to the redacted materials but the [...] [123] Again, this point was not argued and, in fairness, the parties should have an opportunity to address the Court’s concerns.
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6,848.
Akme Poultry, Butter & Eggs Distributors Inc v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 1368 - 2023-10-13
Federal Court DecisionsNor did Akme produce its books and records, although in fairness it may not have been clear to Akme whether, in “requiring access”, the CBSA was actually making a demand for production of the books and records in its May 2020 decision. [...] However, given my decision regarding the paucity of the Officer’s engagement with, and the Officer’s lack of responsiveness to, the central issues raised by the company in its submissions, I do not see it necessary to deal with those other issues. [...] In addition, Akme argues that sections 42 and 43—provisions which the Minister accepts relate to his audit powers—are also of little assistance, as we are not dealing here with a situation where the Minister is auditing Akme and compelling production of documents and records in support thereof.
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6,849.
Almrei v. Canada (Minister of Citizenship and Immigration) - 2004 FC 420 - 2004-03-19
Federal Court DecisionsThe commodity in which such a service deals is secret and confidential information. [...] [99] The evidence before the Court, both public and secret, deals essentially with whether Mr. Almrei poses a danger to national security as opposed to a danger to the safety of any person. [...] The Supreme Court stated that while the phrase must be given "...a fair, large and liberal interpretation, it nevertheless demands proof of a potentially serious threat."
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6,850.
Trophy Lodge NWT Ltd. v. Canada (Attorney General) - 2024 FC 618 - 2024-04-24
Federal Court DecisionsB. The process followed by Parks Canada was in breach of procedural fairness 34 [...] [...] I made my decision with a good deal of thought and consideration. [...] B. The process followed by Parks Canada was in breach of procedural fairness