7,644 result(s)
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7,001.
Environmental Resource Centre v. Canada (Minister of Environment) - 2001 FCT 1423 - 2001-12-20
Federal Court Decisionsb.1) de faire en sorte que les autorités responsables s'acquittent de leurs obligations afin d'éviter tout double emploi dans le processus d'évaluation environnementale; [...] c) de faire en sorte que les éventuels effets environnementaux négatifs importants des projets devant être réalisés dans les limites du Canada ou du territoire domanial ne débordent pas ces limites; [...] The briefing package will have to make it clear that should Alberta fail to deliver on the strategy, the Minister does not have any legislative authority to deal with that eventuality.
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7,002.
Leo Pharma Inc. v. Teva Canada Limited - 2015 FC 1237 - 2015-11-18
Federal Court DecisionsThis is a rule grounded in fairness and reason. Its application depends upon the circumstances of the case. [...] In other words, it was plain that there was a fair expectation of success. [...] The courts, however, have long held that the minimum requirements for utility under the Act are fairly forgiving.
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7,003.
Canada (Attorney General) v. 2431‑9154 Québec Inc. - 2008 FC 976 - 2008-08-29
Federal Court Decisions[9] The Court therefore decided to hear the parties on the merits but asked them to submit written representations on the preliminary issue to indicate how the Supreme Court of Canada deals with situations in which the English and French versions are contradictory on their face. [...] 7.2 (1) Le ministre ou toute personne concernée peuvent faire appel au Tribunal de la décision rendue en vertu du paragraphe 6.72(4), de l'alinéa 7(7)a) ou du paragraphe 7.1(7); seule une personne concernée peut faire appel de celle rendue en vertu du paragraphe 6.9(8) ou de l'alinéa 7(7)b). [...] b) dans le cas d'une décision rendue en vertu du paragraphe 6.9(8) ou de l'alinéa 7(7)b), rejeter l'appel ou y faire droit et substituer sa propre décision à celle en cause.
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7,004.
Pembina Institute for Appropriate Development v. Canada (Attorney General) - 2008 FC 302 - 2008-03-05
Federal Court Decisions[43] The respondent, Imperial Oil, argues that the applicants’ assertion is based on a narrow reading of the Report restricted to that portion dealing solely with integrated watershed planning which is only one of the many issues addressed by the Panel. [...] A fair reading of the Report shows that the Panel addressed the issue of surface water extensively. [...] If that is so, they should be able to explain, to a fair-minded but less well-informed observer, the reasons for their conclusions.
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7,005.
Teva Canada Limited v. Novartis AG - 2013 FC 141 - 2013-02-19
Federal Court DecisionsAnd, of course, in assisting the court, a “stone cold expert” is necessary to deal with the complex scientific concepts involved. [...] This is a fair – albeit not conclusive – predictor that toxicity will not be a serious deterrent to therapeutic use in warm‑blooded animals. [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness.
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7,006.
Amoroso v. Canada (Attorney General) - 2013 FC 157 - 2013-02-14
Federal Court DecisionsIt made a fair and generous offer to settle and even extended the time for acceptance. [...] (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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7,007.
Khadr v. Canada (Attorney General) - 2008 FC 549 - 2008-04-29
Federal Court DecisionsAs stated in Kindler at paragraph 160, “... it differs from the criminal process in purpose and procedure and, most importantly, in the factors which render it fair. [...] [43] The public interest in disclosure in section 38.06 exceeds the public interest in the fair trial rights of the individual concerned. [...] There is a great deal of repetition of the same information as the content of messages received by one Canadian agency or department was circulated to the others and recycled in further messages and reports.
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7,008.
Turner v. Telus Communications Inc. - 2005 FC 1601 - 2005-11-29
Federal Court DecisionsIn the circumstances of this complaint, therefore, a voice print that is used solely for one-to-one authentication purposes seems to be fairly benign. [...] Information shall be collected by fair and lawful means. 4.4.1 Organizations shall not collect personal information indiscriminately. [...] Les organisations doivent faire un effort raisonnable pour s'assurer que la personne est informée des fins auxquelles les renseignements seront utilisés.
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7,009.
Rémillard v. Canada (National Revenue) - 2022 FC 338 - 2022-03-16
Federal Court Decisions[44] The Agency then provides a list of the various ties the applicant has with Canada, the United States and Barbados, concluding that he could be a resident of any of these countries, as he split his time fairly equally between them. [...] [91] The second passage to which the applicant draws the attention of this Court (Vol 12, p 2192, l 7, to p 2193, l 8) deals with Mr. Gagnon’s response to request T-997-1. [...] Of course, the question of whether the Agency should have issued a requirement or obtained a court order will be considered below when I deal with the issue of exhaustion of means.
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7,010.
Holt Cargo Systems Inc. v. Brussel (The) - 2000-02-11
Federal Court Decisions[11] Various claims raise similar issues, and I propose to deal first with the general issues before disposing of the individual claims. [...] Dealing with the cargo was accomplished in a very timely and efficient manner. [...] I deal briefly with each of these claims in turn. Ship repair claimants
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7,011.
Frac Shack Inc. v. AFD Petroleum Ltd. - 2017 FC 104 - 2017-01-26
Federal Court DecisionsAdditionally, he thought that the company was easier to deal with regarding business issues. [...] [94] He testified that AFD continues to do manual hot refueling, and that the market for manual hot refueling is still fairly robust. [...] 2. Adherence to the language of the claims in turn promotes both fairness and predictability.
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7,012.
Lafrenière v. Canada (Attorney General) - 2019 FC 219 - 2019-02-22
Federal Court Decisions[26] In this case, the FA concluded that that there is no legal duty of procedural fairness when the chain of command imposes an administrative measure, such as removing a member of the Forces from working in a particular position. [...] Dr. Vanier confirmed that the applicant was dealing with an intense and considerable level of stress and that his intense symptomatology had required an atypical pharmaceutical intervention. [...] • b) Second, during the military investigation which took place from September 2009 to March 2012, the military police acted wrongfully by failing to adhere to the principles of procedural fairness and by violating the applicant’s fundamental human rights.
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7,013.
Corocord Raumnetz GMBH v. Dynamo Industries Inc. - 2016 FC 1369 - 2016-12-14
Federal Court Decisions[23] Mr. David Wagner is a landscape architect with over 36 years of experience and whose work encompasses over 150 projects dealing with recreational parks and playground designs. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent; [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;
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7,014.
Toronto Star Newspapers Limited v. Canada - 2007 FC 128 - 2007-02-05
Federal Court Decisions[37] The agreed statement of facts does not deal with the right of the non-government party to seek leave to make ex parte representations. [...] c) la personne qui n'a pas l'obligation de divulguer des renseignements dans le cadre d'une instance, mais qui veut en divulguer ou en faire divulguer, peut demander à la Cour fédérale de rendre une ordonnance concernant la divulgation des renseignements. ... [...] Il peut en faire de même pour les personnes qu’il entend en application de l’alinéa 38.04(5)d).
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7,015.
Pfizer Canada Inc. v. Ratiopharm Inc. - 2010 FC 612 - 2010-06-08
Federal Court DecisionsThe facts in Servier, supra, similarly to the facts in Merck, supra, deal with an infringement action for an ACE-inhibitor drug used to treat hypertensive patients where the contention was that a class of compounds constituted a single invention. [...] The ‘324 Patent deals with all forms of pulmonary hypertension. Step Four: Viewed without any knowledge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require any degree of invention? [...] [171] The Court concludes that it was self-evident or plain that there was a fair expectation of success that sildenafil would treat pulmonary hypertension based on the prior art, specifically the case studies in Atz et al. and the sheep model in Weimann et al.
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7,016.
Quinn v. Canada (Attorney General) - 2021 FC 342 - 2021-04-20
Federal Court DecisionsThe historical record of how the Papaschase Band ceased to exist, and which gives rise to the Plaintiffs’ claims against the Crown in this matter, is fairly well established and is not disputed for the purposes of this motion. [...] The Statement of Claim sought injunctions preventing those individuals from acting on behalf of the descendants of the Papaschase Band and from dealing with any business or monies received on behalf of the descendants. [...] [32] Dealing, finally, with the question of standing to pursue the derivative claim for an accounting of any proceeds of the sale of IR 136 still in possession of the Crown, Justice Slatter stated that only a plaintiff “who is a descendant of the Papaschase Band, other than through a former member who took scrip” might be
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7,017.
Greenwood v. Canada - 2020 FC 119 - 2020-01-23
Federal Court DecisionsIn many ways, it is an indication of the failure of the internal mechanisms that are established to deal with workplace conflict. [...] That these women felt this was necessary is an indication of the failure of the RCMP to effectively deal with their cases. [...] (i) would fairly and adequately represent the interests of the class,
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7,018.
Clark v. Abegweit First Nation Band Council - 2019 FC 721 - 2019-05-22
Federal Court DecisionsTo be fair to the Respondents, they did not allege that the Applicants have no interest in the governance of the First Nation but the point is nevertheless applicable to the present case. [...] The Court will deal separately with the Chief position later in these reasons. [...] In the March 2019 plebiscite, two of the questions (one related to section 2 of the Election Regulations and the other dealing with voting processes) received what might be described as broad community support (61% and 59% respectively).
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7,019.
Joly v. Gadwa - 2019 FC 175 - 2019-02-12
Federal Court Decisions[2] This contempt hearing was bifurcated to deal separately with the issues of contempt and sentencing, as in the circumstances was appropriate given the contempt decision would be reserved and the Federal Court of Appeal’s decision in Winnicki v Canada (Human Rights Commission), 2007 FCA 52, per Sexton JA. [...] [4] These reasons deal with the appropriate sentence. [5] That said, as a preliminary issue, the Respondents also challenged the Applicants’ standing to address the issue of appropriate sentence based on the fact that this First Nation’s elections in September, 2018, resulted in the Applicant Brenda Joly [Joly], who was [...] Therefore the Court found it would be fair and reasonable to impose a fine at the upper end of the range, setting the fine at $4,000.
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7,020.
Norwegian Bunkers AS v. Boone Star Owners Inc. - 2014 FC 1200 - 2015-02-13
Federal Court DecisionsThe parties to the contract have a history of dealing in Norway, having negotiated previously 24 contracts there. [...] [79] As such, the defendants claim that this provision is not intended to grant a lien to a supplier of another nationality when dealing with a foreign ship. [...] [86] The plaintiffs further argue that holding Boone Star liable in personam is a fair result because it had the use of the bunkers, and even a property interest in them.
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7,021.
Selvarajah v. Canada (Citizenship and Immigration) - 2014 FC 769 - 2014-07-31
Federal Court DecisionsThe Applicant’s credibility is diminished by the fact that he apparently made no effort to deal with the repeated threats he allegedly received, despite working for an organization that may have been in a position to help. [...] The Respondent submits that these were two different pieces of evidence that were each fairly assessed by the Board. [...] The Board simply fails to deal with the s. 97(1)(a) aspect of the claim.
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7,022.
General Motors of Canada Limited v. Canada (National Revenue) - 2013 FC 1219 - 2013-12-05
Federal Court DecisionsThis is because Mr. Szymczyk has a right of appeal to the Tax Court of Canada, which has exclusive jurisdiction to deal with the issues raised by his application for judicial review. [...] [100] The Minister contends that Mr. Szymczyk’s application should be struck as he has a right of appeal to the Tax Court of Canada, which has exclusive jurisdiction to deal with the issues raised by his application for judicial review. [...] in accordance with that formula over a period of some 25 years, and the reliance of GMCL and its employees on the Minister’s conduct, give rise to an estoppel which should preclude the Minister from being able to resile from the agreement to the 1982 formula without first providing fair notice to GMCL and its employees.
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7,023.
Avocats sans frontières Québec v. Lawyers Without Borders, Inc. - 2013 FC 27 - 2013-01-14
Federal Court Decisions(c) Section 6 of the Act deals with when a mark is confusing and the factors to be taken into account in making such a determination. [...] (e) Section 16 of the Act deals with who is entitled to register a trade-mark; that person includes one that has used in Canada or made known in Canada in association with wares or services unless at the date on which such person so used it or made it known it was confusing with a trade-mark that had been previously used or [...] [44] In paragraph 8 of her affidavit she states that LWOB representatives promote LWOB and its legal services whenever “we are invited to attend at conferences, seminars, career fairs, universities and law firms”, adding that “these promotions include newsletters and the web-site which all prominently feature its trade-mark
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7,024.
Gecaj v. Canada (Citizenship and Immigration) - 2012 FC 1369 - 2012-11-27
Federal Court DecisionsWhile the judiciary is biased and plagued by delays, the RPD found that the state is taking steps to deal with the problem. [...] [33] The RPD also found that Kosovo is taking steps to deal with corruption, but arrived at this conclusion without conducting any meaningful analysis. [...] Even in Canada we have had fairly recent examples of fathers and brothers doing horrendous things to female family members who, from a male perspective, are seen to be disrespectful to their family honour.
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7,025.
Pinto Ponce v. Canada (Citizenship and Immigration) - 2012 FC 181 - 2012-02-08
Federal Court Decisions[17] The RPD reviewed the evidence before it and concluded that Bolivia is a multi-party democracy, in which President Evo Morales was elected in 2009 after free and fair elections. [...] The applicant has cited a number of recent decisions of this Court where the RPD’s determinations on state protection were overturned because the RPD selectively analyzed or failed to deal with compelling evidence of a state’s inadequate provision of protection: Gilvaja v. Canada (MCI), 2009 FC 598, per Justice O’Keefe at [...] para14 Counsel's well-crafted submissions point to a number of failings of the Mexican authorities in dealing with gender violence including a culture of acceptance of the practice even among those who are to enforce the laws against it, a culture of impunity for the abusers and obstacles to protection such as corruption,