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Valeant Canada LP/Valeant Canada S.E.C v. Ranbaxy Pharmaceuticals Canada Inc. - 2018 FC 847 - 2018-08-20

Valeant supported their position by arguing that Dr. Laskar could not have otherwise known to specifically deal with the terms at issue (paragraph 21 of his affidavit) in his claim construction, and submitted that his evidence was result driven.   [...]  His evidence was as fair and impartial as all Valeant’s experts (who knew who both the Applicant and Respondent are, and so would of course surmise the positions of the parties).   [...]  • fairness and predictability are promoted by maintaining the inventor’s intent.

Mamnuni v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 736 - 2011-06-22

However, it is, in essence, a question as to whether Ministerial discretion was exercised in accordance with the principles of procedural fairness.   [...]  It does not follow from the fact that he ultimately failed to satisfy the Adjudicator or the Minister’s Delegate on this point that his procedural fairness rights were violated.   [...]  (iii) establishing an agency that is responsible for dealing with reported and other information;

Mohiuddin v. Canada - 2006 FC 664 - 2006-05-31

It appears that Justice Mosley did not deal directly with this issue, as the application was allowed on the basis that the officer's reasons failed to stand up to a somewhat probing examination (see para. 32).   [...]  (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;   [...]  (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or

Merck & Co., Inc. v. Canada (Minister of Health) - 1998-03-31

A second patent, dealing with the conversion of lovastatin into a lactone, was also granted to Merck on 13 September 1991.   [...]  It arises out of the duty of fairness which is generally owed by public officials in exercising their administrative function: Reference Re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. 525 at 557.   [...]  [79] The Minister clearly owes a duty of fairness to Merck in administering the NOC Regulations.

Lill v. Canada - 2022 FC 580 - 2022-04-21

The reassessment of Mr. Lill’s security classification did not follow a fair, reasonable and transparent decision-making process based on all of the relevant information.   [...]  Since the CSC has admitted that it did indeed commit a fault, this judgment deals only with the other essential elements of liability, namely the causal link and the injury.   [...]  [59] Mr. Lill based the quantum of damages he claims on judgments that deal with the deprivation of liberty of individuals who are not held in federal penitentiaries and who are in circumstances quite different from his own.

Teva Canada Limited v. Pfizer Canada Inc. - 2017 FC 526 - 2017-05-26

[37] In addition to this rationale, it is my view that on a redetermination of a fundamental issue at trial based on an existing trial record, the principle of fairness dictates that the Court deal with the record as it stands and not as one party might wish it to stand.   [...]  However, because of the position taken by Ms. Chiu at trial, this Court does not have available the record necessary to deal with all of those arguments.   [...]  Commercial parties reasonably expect a basic level of honesty and good faith in contractual dealings.

Western Canada Wilderness Committee v. Canada (Fisheries and Oceans) - 2014 FC 148 - 2014-02-14

[60] That said, the absence of posted recovery strategies deprives the Ministers of considerable leverage in dealing with the impact of industrial development on species at risk.   [...]  I will deal with the issues identified by the applicants, including the relevance of a standard of review analysis to this case and the legal nature of the statutory timelines in issue, in that context.   [...]  (2) Avant de faire une recommandation à l’égard d’une espèce sauvage ou d’une espèce en péril, le ministre :

Almrei v. Canada (Citizenship and Immigration) - 2007 FC 1025 - 2007-10-05

[15] Paragraph 140 of Charkaoui/Almrei/Harkat, deals with the suspension of the declaration:   [...]  The issue here is whether the term as used in the Immigration Act is sufficiently [page56] certain to be workable, fair and constitutional.   [...]  I am satisfied he was aware of Mr. Almrei’s extensive dealings in false documents.

Sinnappu v. Canada (Citizenship and Immigration) - 1997-02-14

Mr. Troutet candidly and fairly admitted that officers had erred in those decisions in applying the Regulations and guidelines to armed conflict situations.   [...]  In dealing with the requirements of fundamental justice, Linden, J.A. stated as follows:   [...]  These new facts may not have been examined in the particular way he would have liked them to be, but fundamental justice does not mandate a particular method of dealing with legal or factual issues.

SNF Inc. v. Ciba Specialty Chemicals Water Treatments Limited - 2015 FC 997 - 2015-08-24

CRL was moving their Gordon plant to Yarraman and going from dealing with low fines (low slimes) to high fines (high slimes).   [...]  The evidence included several series of e‑mails within Ciba dealing with how to test the effectiveness of the rheology aids.   [...]  • was forthright, fair, thoughtful and reasonable in answering all questions asked of him/her during both direct and cross-examination;

John Doe v. Canada - 2023 FC 1636 - 2023-12-05

There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.   [...]  Health Canada held a great deal of personal medical information about the Plaintiffs, and the risks of disclosure of that information were foreseeable.   [...]  Proximity arises in those relationships where the parties are in such a “close and direct” relationship that it would be “just and fair having regard to that relationship to impose a duty of care in law upon the defendant” (Cooper, at paras. 32 and 34).

St. Lawrence Seaway Management Corporation v. BBC Lena (Vessel) - 2018 FC 1026 - 2018-10-12

No genuine issue for trial exists because the evidence before me is sufficient to permit me to fairly and justly adjudicate this question (see Leo Ocean S.A. v Westshore Terminals, 2015 FCA 282 (“Leo Ocean”)).   [...]  Section 78 sets out the objectives of Part 3 and s 79 deals with the powers of the Minister.   [...]  This case does not involve a common adventure such as exists in the cases dealing with general average contributions.

Pfizer Canada Inc. v. Apotex Inc. - 2007 FC 971 - 2007-09-27

At the outset of the hearing, I advised counsel that I would hear argument and deal with that question as one of the issues to be dealt with on the prohibition application.   [...]  [103] Based on this lack of awareness, the applicants advanced a fairly weak argument that the Murray article should not be considered prior art as it would not have been found by a reasonably diligent search by a person of ordinary skill.   [...]  I would note, in passing, that I have read the UK decisions which placed greater reliance upon the Bush thesis in support of such a finding than I think is warranted by a fair reading of the document.