7,645 result(s)
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6,951.
Su v. Canada (Citizenship and Immigration) - 2016 FC 51 - 2016-01-18
Federal Court DecisionsThe Applicant also distinguishes between cases that deal with “locking in” of sponsorship applications, as opposed to the present case of how the law should be applied to a resubmitted application. [...] These requirements deal with: - the form, content and documents that should be provided;... [...] It also demonstrates the Governor-in-Council’s efforts to ensure fairness and efficiency in the processing of applications.
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6,952.
Hayabusa Fightwear Inc. v. Suzuki Motor Corporation - 2014 FC 784 - 2014-08-07
Federal Court Decisions[22] The Registrar decided not to deal with the grounds of non-registrability under paragraph 12(1)(d) of the Act and of lack of statement in ordinary commercial terms under paragraph 30(a) since the Respondent was already successful in its opposition under non-entitlement and distinctiveness. [...] The use of the Cited Mark in association with caps is fairly recent, and the number and value of these caps sold throughout Canada from January 2005 to March 2008 appears to be relatively small (approximately 400 caps for a total value of approximately $8,000). [...] When dealing with a registered trade-mark, one must consider the entire scope of rights granted under the registration, and its potential use must be considered as well as its actual use: Masterpiece Inc. v Alavida Lifestyles Inc., 2011 SCC 27 at para 59, [2011] 2 SCR 387.
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6,953.
Société anonyme des bains de mer et du cercle des étrangers à Monaco, société anonyme v. Monte Carlo Holdings Corp - 2012 FC 1528 - 2012-12-20
Federal Court DecisionsThe applicant is of the view that the present appeal deals only with this small sliver for which the Registrar refused them registration. [...] 6. (2) L’emploi d’une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l’emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services [...] [45] The arguments based on the extent to which the trade-marks are known intersect with that which I have addressed above dealing with proper title and chain of title.
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6,954.
Scott Paper Limited v. Georgia-Pacific Consumer Products LP - 2010 FC 478 - 2010-04-30
Federal Court Decisions[11] In dealing with the non-distinctiveness ground, the hearing officer first set out the legal burdens. [...] ... ...It seems fair to accept that the appearance of the Opponent’s Mark on its wares may have resulted in an acquired reputation in Canada, even though the Opponent’s Mark may not be seen until the consumer opens the packaging after purchase. [...] [73] Because of my finding above, I need not deal with the issues of whether the applicant’s mark was distinctive.
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6,955.
Vong v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1480 - 2006-12-15
Federal Court Decisionsa) the Affidavit of Ong, Phuong Luom, sworn April 5, 2006, found at pages 10-12, Record of the Applicant, which deals exclusively with evidence of H&C factors by the Applicant’s girlfriend that were neither sought nor brought before the Board; [...] The process is now closed for the presentation of new evidence, unless the Applicant can show that there was a breach of procedural fairness or the principles of natural justice. [...] [...] Considering the argument of counsel for the applicant that the Immigration Officer did not deal with the humanitarian nor with the compassionate grounds prior to making a determination which created an illegal situation that rendered the appeal process illegal in itself, I am in agreement with the Respondent that the
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6,956.
Matusiak v. Canada (Attorney General) - 2005 FC 198 - 2005-02-09
Federal Court Decisions[11] The Applicant's Memorandum states that the Applicant's grievance continued to move through the system at a "snail's pace" and he was not accorded the requisite procedural fairness. [...] I would add that the actions of Major Burke in his dealing with the Applicant have a great deal to be desired.
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6,957.
SNC Lavalin Inc. v. Canada (Minister for International Co-Operation) - 2003 FCT 681 - 2003-05-30
Federal Court Decisions[24] Given that the purpose of the Act as clearly enunciated by Parliament is to facilitate access to government information, and that, in my view, the provision of independent review of proposed disclosure, is only a "fairness" adjunct to that purpose, and given the entire context of the Act, and the somewhat ambiguous [...] It made available to the Government information reflected in the records at issue in the course of its ordinary dealings with Government and presumably with full knowledge of the commitment of the Government of Canada to public access to information in its possession. [...] [23] It is submitted that from this passage emerges a proposition that, when dealing with section 20 of the Act, the other mandatory exemptions of the Act are to be ignored.
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6,958.
Merck Frosst Canada Inc. v. Canada (Minister of Health) - 1999-03-26
Federal Court Decisions[1] This hearing deals with judicial review proceedings initiated in two different files T-1258-97 and T-1663-97 which raise virtually identical issues. [...] [6] Before these prohibition proceedings came before this Court, the parties raised preliminary issues dealing with confidentiality. [...] Dr. Monaghan"s testimony should be considered in light of the respondents" cross-examination, whereby he testified that substantial improvement in yield may be achieved in a fairly short period of time.
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6,959.
Friends of The West Country Association v. Canada (Minister of Fisheries and Oceans) - 1997-05-07
Federal Court DecisionsFurther, this case is one which deals with what is, from start to finish, a very public process. [...] The requirement of possession in this case is fairly clear. The material in question is either in the public registry or should be in the public registry pursuant to subsection 55(4) of the CEAA. It is, as the applicant has pointed out, self evident that the material in question is in the possession of the responsible [...] As the decision of the court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent.
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6,960.
Secure Energy (Drilling Services) Inc. v. Canadian Energy Services L.P. - 2023 FC 906 - 2023-06-28
Federal Court Decisions[34] Veldhuis, J.A. dissenting, held that “Only after the determination of inventorship could the chambers judge deal with the remaining issues, such as the relevant limitation periods, the interpretation of the release signed by Mr. Ewanek, and the proper parties.” She describes the approach of Justice Gates and the [...] [45] It is fair to say that both experts agreed that the invention is that a water-based drilling fluid with either an anionic or non-ionic polymer significantly reduces the accretion of bitumen or heavy oil to drilling components. [...] 64 Il ne peut être fait opposition à une instance au motif qu’elle ne vise que l’obtention d’un jugement déclaratoire, et la Cour peut faire des déclarations de droit qui lient les parties à l’instance, qu’une réparation soit ou puisse être demandée ou non en conséquence.
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6,961.
Canada (Attorney General) v. Friesen - 2017 FC 567 - 2017-06-09
Federal Court DecisionsThe purpose of the regime underpinning the TATC is to deal with matters pertaining to aviation security informally and expeditiously: see TATC Act, s. 15(1). [...] 8.1 (3) Le comité du Tribunal peut rejeter l’appel ou y faire droit et substituer sa propre décision à celle en cause. [...] 15 (1) Subject to subsection (2), the Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it, and all such matters shall be dealt with by it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
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6,962.
Roach v. Canada (Attorney General) - 2013 FC 852 - 2013-08-09
Federal Court DecisionsHowever, when a major traumatic event occurs, DSSRs spend weeks at a time working extensive overtime dealing with high stress situations; [...] • The Applicant’s condition was monitored fairly regularly; • Workplace factors were not sufficiently beyond the care and control of the Applicant so as to impede his ability to manage his condition. [...] By all accounts, despite the high blood sugar recordings, the evidence suggests that the Applicant was being monitored by medical specialists on a fairly regular basis.
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6,963.
Canada (Citizenship and Immigration) v. Bui - 2012 FC 457 - 2012-04-19
Federal Court DecisionsOn issues of procedural fairness or natural justice, for example, the courts should not defer to a tribunal’s view of the extent to which its “home statute” permits it to proceed in what the courts conclude is an unfair manner. [...] If we consider that subsection 68(4) of the IRPA deals only with situations where the beneficiary has not complied with his or her stay conditions, this provision would have no practical duty. [...] [53] If the rule of law is of primordial importance, justice also requires that the respondent be treated with fairness by the Minister.
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6,964.
Shire v. Canada (Citizenship and Immigration) - 2012 FC 97 - 2012-01-25
Federal Court Decisions[5] In Minnesota, the family lived in a marginalized neighbourhood with high rates of crime, drug dealing and drug use. [...] [49] Conversely, the adequacy of a Board’s reasons is a matter of procedural fairness and natural justice and the appropriate standard of review is correctness (see Guerrero v Canada (Minister of Citizenship and Immigration), 2010 FC 384, [2010] FCJ No 448 at paragraph 19). [...] 5. (1) Il est interdit de faire le trafic de toute substance inscrite aux annexes I, II, III ou IV ou de toute substance présentée ou tenue pour telle par le trafiquant.
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6,965.
Friends of the Canadian Wheat Board v. Canada (Attorney General) - 2010 FC 104 - 2010-01-29
Federal Court Decisionsautorisés quant à la préparation, l’impression et la diffusion de la documentation électorale destinée à faire connaître les candidats. [...] autorisés quant à la préparation, l’impression et la diffusion de la documentation électorale destinée à faire connaître les candidats. [...] [55] The measures set forth in the Minister’s letter of July 23, 2008 deal with a number of issues surrounding: (1) producer awareness of voter eligibility criteria for CWB director elections; (2) the difficulty non-permit book holders face in having their names added to the voters list; and (3) the integrity of the voters
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6,966.
Vogo Inc. v. Acme Window Hardware Ltd. - 2004 FC 851 - 2004-06-11
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] Nguyen submits that the statement of claim discloses no reasonable cause of action, is immaterial and redundant, scandalous, frivolous or vexatious, would prejudice or delay the fair trial of the action, constitutes a departure from a previous pleading and is an abuse of the Court. [...] [80] Acme and Nguyen suggest that the Prothonotary should have heard Nguyen's motion to strike prior to dealing with Vogo's motion to consolidate, however, I find no merit to this argument.
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6,967.
Best Canadian Motor Inns Ltd. v. Best Western International Inc. - 2004 FC 135 - 2004-01-29
Federal Court DecisionsOpposition Board Partington in Insurance Co. of Prince Edward Island v. Prince Edward Island Mutual Insurance Co.[4] In that decision, Chairman Partington, after reviewing two (2) earlier decisions of the Trade-marks Opposition Board dealing with design marks that, as here, incorporated dominant descriptive words, wrote: [...] In my opinion, the Subject Trade Mark is fairly analogous to the "KIDFITTER" kind of mark discussed in GWG Ltd. v. Registrar of Trade-Marks ..., where two words are combined to make a coined word. [...] ... I also rely upon s. 10 of the Interpretation Act, ..., which provides that every Act "shall be deemed to be remedial" and directs that every Act shall "receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true intent, meaning
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6,968.
Forsyth v. Canada (Attorney General) - 2002 FCT 643 - 2002-06-05
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. [...] It was open to the Applicant, having challenged the jurisdiction of the Standing Court Martial to deal with the charge against him, and having had his challenge rejected, to allow the Standing Court Martial to proceed and, if he were found guilty, to appeal that finding of guilt on the ground that it was not legal by reason [...] d'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.
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6,969.
Society of Composers, Authors and Music Publishers of Canada v. Vidéotron Ltée - 2023 FC 1385 - 2023-10-18
Federal Court DecisionsCourt of Quebec, it is obliged to pay SOCAN the balance of $1.435 million for the use of the works in the relevant periods; and (d) it undertakes to raise no defence arising solely under the Copyright Act (such as fair use) in opposition to SOCAN’s claim, either before this Court or before the Superior Court of Quebec. [...] However, this conclusion was not based on the Federal Court’s inability to deal with matters of set-off, but on its inability to deal with the subject matter of the defendants’ claim on which the asserted set-off was based: Inuksuk I at paras 54–59. [...] In ITO itself, the Court quickly found the third criterion met because “Canadian maritime law and other laws dealing with navigation and shipping come within s. 91(10) of the Constitution Act, 1867, thus confirming federal legislative competence”: ITO at p 777.
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6,970.
Neale v. Canada (Attorney General) - 2016 FC 655 - 2016-06-13
Federal Court Decisions[54] The duty owed by an expert witness to the Court to be fair, objective and non-partisan falls under the “qualified expert” criterion (White Burgess, at paragraphs 46, 53). [...] That first portion of the report deals more with the Court’s jurisdiction, and an expert report on applicable legislation does not meet the necessity criterion. [...] In that case, the applicant’s spouse was involved in an on-call drug dealing network and used the automobile for which she was the main driver.
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6,971.
Huntley v. Canada (Citizenship and Immigration) - 2014 FC 573 - 2014-06-17
Federal Court DecisionsI wish to emphasize again that all I am dealing with is a particular decision about one white South African within the narrow confines of Canadian jurisprudence on reviewable error. [...] In the present case, there are no mitigating or aggravating factors to consider or balance in determining if any presumption has been rebutted; rather, there is a great deal of evidence to be weighed to assess whether the applicant faces a risk of persecution. [...] [126] The Board found that in the absence of such evidence it must be assumed that there is a fair and independent judicial process in South Africa “despite its shortcomings”.
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6,972.
Marquez Lugo v. Canada (Citizenship and Immigration) - 2012 FC 1297 - 2012-11-06
Federal Court DecisionsThe Citizen’s Movement has many different branches dealing with environmental, socio-economic, and political issues. [...] [77] The Applicant now says that the letter from the Mental Health Therapist confirmed that he had been dealing with self-esteem issues, mood disorders (depression), lack of sleep and despair. [...] But the RPD can only act on the evidence that was placed before it, which in this case was fairly incomplete.
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6,973.
Plaisimond v. Canada (Citizenship and Immigration) - 2010 FC 998 - 2010-10-06
Federal Court DecisionsElles peuvent également se faire attribuer des opinions politiques en raison des activités des membres de leur famille. [...] [46] This Court has provided recent jurisprudence dealing with the applicability of section 97 to situations of generalized violence. [...] [52] With respect to the RPD’s use of 2008 documentation to deal with events that allegedly occurred in 2000, the Respondent submits that the RPD may have erred.
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6,974.
Hany Zeng v. Canada (Citizenship and Immigration) - 2008 FC 956 - 2008-08-19
Federal Court DecisionsThe applicant feared not receiving a fair trial and the possibility of the death penalty. [...] Moreover, I note that the majority of the Board’s decision deals with the specific acts alleged to have occurred in the Interpol warrants, specifically the concealed mortgage, the failure to make payments on the share transfer agreement and the false deposit. [...] The present case deals with a refugee application. The differences between extradition and refugee law are not to be forgotten (Gil above at paragraph 11).
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6,975.
Vancouver Art Metal Works Ltd. v. Canada - 2001 FCT 265 - 2001-03-30
Federal Court DecisionsThat is to say when he professionally engages in the business of dealing in securities, or when his dealings amount to carrying on a business and can no longer be characterized as investor's transactions or mere adventures or concerns in the nature of trade. [...] 307. Q. So Mr. Burden's handwritten round trip memo to Mr. Worsfold, it is fairly short. [...] Q. You thought you were still dealing with the income -- PETER LING cross-examination by Mr. Sturrock: