Advanced Search

Bell Media Inc. v. Macciacchera (Smoothstreams.tv) - 2023 FC 801 - 2023-06-07

I have to phone around now and get an IP lawyer to deal with you”: Exhibit P-6, Video #9, at 00:53.   [...]  I have to call around now to get an IP lawyer to deal with this. [Emphasis added.]   [...]  “ ... setting out the procedure for dealing with solicitor-client privilege or other confidential information ... with a view to enabling defendants to advance claims of confidentiality over documents before they come into the possession of the plaintiff or its counsel, or to deal with disputes that arise.”

Canadian Tobacco Manufacturers' Council v. Canada (Minister of National Revenue) - 2003 FC 1037 - 2003-09-08

[27] The Applicants submit that only section 4 and appendix D of the B Report deal with the subject of tobacco package markings.   [...]  (2) Dans les cas où, à son avis, il existe des éléments de preuve touchant la perpétration d'infractions fédérales ou provinciales par un cadre ou employé d'une institution fédérale, la Cour peut faire part à l'autorité compétente des renseignements qu'elle détient à cet égard.   [...]  [81] To begin with, the Applicants point out that only a small part of Report B (the section dealing with Tobacco Package Markings and Appendix D) is even relevant to Mr. Cunningham's request.

Pahtayken v. Oakes - 2009 FC 134 - 2009-02-10

There is a great deal of personal bitterness in the evidence and the somewhat extreme measures used by the Respondents to boycott, thwart and nullify the referendum process, rather than seek the consensus of the Nekaneet community as a whole, suggest that some individuals at least have much to lose from the new governance   [...]  The Respondents cannot boycott and thwart a referendum process aimed at ascertaining the general will at Nekaneet and then offer a petition that has no fair and due process attached to it to support their own legitimacy in the community.   [...]  The next question is whether the Referendum Vote was the result of a fair and open election in which the voters knew what they were doing when they adopted the new governance regime as custom at Nekaneet.

Les Marques Metro / Metro Brands S.E.N.C. v. 1161396 Ontario Inc. - 2017 FC 806 - 2017-09-08

(c) One of the objects of the Act is the balance between free competition and fair competition 38   [...]  (c) One of the objects of the Act is the balance between free competition and fair competition   [...]  This is in accordance with the Supreme Court of Canada’s decision Mattel Inc, v 3894207 Canada Inc, 2006 SCC 22 at para 21, where the Court stated that “[t]rade-mark law rests on principles of fair dealing.

Human Care Canada Inc. v. Evolution Technologies Inc. - 2018 FC 1302 - 2018-12-21

• - complicated one‑piece seats require a great deal of manual dexterity and strength to open and close a device;   [...]  To be fair, it may well be because he was relaying second‑hand information provided to him by Mr. Liu.   [...]  The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.

Ibrahim v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 710 - 2023-05-25

[29] Furthermore, at paragraph 84 of Camayo, the Federal Court of Appeal stated that, in dealing with cessation cases, the RPD should have regard to certain factors, at a minimum, which may assist in rebutting the presumption of reavailment.   [...]  The Court must rather adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13), again without reweighing the evidence before it (Vavilov at para 125).

Canada (Citizenship and Immigration) v. Elizaire - 2022 FC 1353 - 2022-09-29

[16] The quoted passage from Xie at paragraph 38 therefore refers to a different situation, where paragraph F(b) must be applied and where the issue relates to different jurisdictions dealing with different facets.   [...]  Elements like concern for delay, fairness to the parties, urgency of providing a resolution to the dispute, the nature of the particular regulatory regime, whether the administrative decision maker had a genuine opportunity to weigh in on the issue in question, costs to the parties, and the efficient use of public resources

Chen v. Canada (Citizenship and Immigration) - 2022 FC 1122 - 2022-07-27

The Applicant argues that he did not have an opportunity to explain the discrepancy relied on by the RAD because the RPD did not specifically deal with the sur place issue.   [...]  In Jianzhu, neither the applicants nor the RPD had raised a sur place claim and the issue was one of fairness to the applicants – as they had not been provided with an opportunity to address the sur place issue decided by the RAD. Here, the Applicant raised the issue of a sur place claim in his submissions to the RAD. As

Ass'ad Hawari v. Canada (Citizenship and Immigration) - 2022 FC 629 - 2022-05-02

[39] The RAD found that the RPD’s process was procedurally fair. The Applicant was represented by counsel, the hearing lasted over 4 hours, and counsel was not hindered in asking questions.   [...]  Klinko is distinguishable as that case addressed widespread corruption impacting social groups, while the present case deals with a secret private agreement.

Vushaj v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 430 - 2022-04-05

[26] I cannot identify an issue of procedural fairness in the present case.   [...]  and sensitive to the best interests of the children directly affected and the child's interests are well identified and defined after which they are to be examined with a great deal of attention in light of all the evidence” (Babafunmi v Canada (Citizenship and Immigration), 2019 F 151 at para 70 citing Semana at para 24).

Gentile v. Canada (Citizenship and Immigration) - 2020 FC 452 - 2020-03-30

a) dans l’attente de renseignements ou d’éléments de preuve ou des résultats d’une enquête, afin d’établir si le demandeur remplit, à l’égard de la demande, les conditions prévues sous le régime de la présente loi, si celui-ci devrait faire l’objet d’une enquête dans le cadre de la Loi sur l’immigration et la protection des  [...]  Most of the cases cited by the Minister regarding section 13.1 deal primarily with whether the suspension power applies in particular circumstances, rather than when a suspension will be considered unreasonable: see, e.g., Canada (Citizenship and Immigration) v Nilam, 2017 FCA 44 at paras 27, 30 and Tayeb Ali v Canada

Canada v. Harman - 2020 FC 47 - 2020-01-14

The Plaintiff argues that this case should be determined by summary judgment because the evidence needed to fairly adjudicate the matter is contained in the affidavits that are before the Court, and the matter turns mainly on legal questions relating to the interpretation of AMPA.   [...]  Again, I will deal with this submission briefly. The Defendant has not introduced any evidence to support this contention, and it flies in the face of the evidence and admissions on the record.

Canada v. Moodie - 2020 FC 46 - 2020-01-14

The Plaintiff argues that this case should be determined by summary judgment, because the evidence needed to fairly adjudicate the matter is contained in the affidavits that are before the Court, and the matter turns mainly on legal questions relating to the interpretation of the AMPA.   [...]  I will deal with these arguments briefly. [36] The Defendants claim that the context must be considered.