7,644 result(s)
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7,026.
Singh v. Canada (Citizenship and Immigration) - 2010 FC 757 - 2010-07-19
Federal Court Decisions[15] Before addressing these issues, however, I shall deal briefly with the Respondents’ motions for non-disclosure that were made pursuant to section 87 of the IRPA. After holding an ex parte and in camera hearing of that motion, and a further teleconference hearing with counsel for both parties, I granted the Respondents’ [...] [30] Pursuant to sections 87 and 87.1, and paragraph 83(1)(b), the Court may appoint a special advocate to represent the interests of the permanent resident or foreign national if the Court is of the opinion that considerations of fairness and natural justice so require. [...] The commodity in which such a service deals is secret and confidential information.
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7,027.
Apotex Inc. v. Merck & Co., Inc. - 2010 FC 287 - 2010-03-12
Federal Court DecisionsThe cases relied on by Apotex for this proposition deal with the calculation of damages where courts must consider the likelihood of future contingencies that might affect quantum (e.g., Athey v. Leonati, [1996] 3 S.C.R. 458; Les Laboratoires Servier, et al. v. Apotex Inc., et al., [2008] E.W.H.C. (Ch.) 2347). [...] It said that the supply agreement had been terminated and that Apotex’s proposal to deal directly with Delmar rendered Novopharm’s license invalid. [...] 92. Dans chaque province la législature pourra exclusivement faire des lois relatives aux matières tombant dans les catégories de sujets ci-dessous énumérés, savoir:
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7,028.
Hernandez Utrera v. Canada (Citizenship and Immigration) - 2007 FC 1212 - 2007-11-20
Federal Court DecisionsThe Court must therefore show a great deal of deference because it is the Board’s responsibility to assess the testimony of the applicant and determine his credibility. [...] The statement, typical of the government's hollow human rights rhetoric, dismissed the report as dealing with "presumed violations that have been resolved or are in the process of being resolved." [...] The fact that the Board published these reasons simultaneously does not constitute a violation of procedural fairness or the principles of natural justice.
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7,029.
Knopf v. Canada (House of Commons) - 2006 FC 808 - 2006-06-26
Federal Court DecisionsThe Committee has the exclusive jurisdiction, protected by parliamentary privilege, to deal, if at all, with information submitted to it during a parliamentary proceeding in any manner it deems appropriate. [...] [30] Alternatively, the Attorney General submits that the Committees of the House of Commons are free to develop policies and procedures for dealing with their internal workings, including policies on the dissemination of materials received from the public. [...] [35] The principles set out in the Constitution Act apply equally to section 17 of the Charter: Société des Acadiens du Nouveau-Brunswick Inc. v. Association of Parents for Fairness in Education, Grand Falls District 50 Branch, [1986] 1 S.C.R. 549 (Société des Acadiens) at pp. 574-575.
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7,030.
Sogi v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1429 - 2003-12-08
Federal Court DecisionsThat issue I deal with first. [14] I then turn to the issues raised as grounds for judicial review, after considering the appropriate standard of review. [...] Disclosure is, of course, an element of fair process. Yet here Parliament has limited disclosure by imposing the duty to "ensure the confidentiality of the information . . . and . . . other evidence that may be provided if in the opinion of the judge [or the hearing officer], its disclosure would be injurious to national [...] This Court is charged under several acts of Parliament with reviewing information relied upon in relation to security matters in a variety of contexts and it is anticipated that a designated judge of the Court will have developed expertise in dealing with such matters.
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7,031.
H. Lundbeck A/S v. Canada (Minister of Health) - 2003 FC 1145 - 2003-10-03
Federal Court DecisionsIt may happen that a drug will be reimbursed despite the absence of NOC, but only when a great number of clinical trials have taken place and a great deal of evidence supports its off-label use. [...] (3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité. [...] Older people are more subject to a host of diseases, including diseases related to dementia, Alzheimer and CVD. That fact alone is not sufficient to show infringement of patent '368, which deals with the treatment of CVD, dementia and Alzheimer, not depression.
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7,032.
Clarke v. Canada - 2000-03-31
Federal Court DecisionsAt the end of September, 1987 Revenue Canada and the company entered into an agreement to deal with the remittances due, but not paid since the strike began. [...] While the Rules are silent on the point, in fairness a Notice to Admit should be served more than twenty days in advance of a hearing, if at all possible. [...] In that event the presiding judge, in light of Rule 3,7 should exercise his or her discretion to deal with situations not specifically provided for under Rules 255 and 256.
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7,033.
Hawkins v. M.V. "Margaret Elizabeth No. 1" - 1997-06-10
Federal Court DecisionsI will deal later with the defendants' third party claim for indemnity or contribution from the owner and operator of the wharf. [...] There cannot be complete or perfect compensation; an award must be moderate and fair to both parties. [...] This shortened length is contemplated by the CSA Standard which deal specifically with maximum overall lengths.
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7,034.
Save Halkett Bay Marine Park Society v. Canada (Environment) - 2015 FC 302 - 2015-03-10
Federal Court Decisions[52] In its written submissions, the Society also alleged that the Minister’s denial of its request for a Board of Review to challenge the Permit breached its right to procedural fairness. [...] [163] For the purposes of this Application, the relevant provisions of the Clean-up Standard are those in Section 7.1, which deals with anti-fouling coatings on ships. [...] [180] At the end of the day, the Court is left in a position of having to deal with conflicting scientific opinions and supporting analysis of Dr. Pelletier and Mr. Doe, respectively.
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7,035.
The Commissioner of competition v. Pearson Canada Inc. - 2014 FC 376 - 2014-04-23
Federal Court DecisionsIt would then remain open to the respondent to bring a motion to deal with issues that subsequently arise, in the usual manner. [...] Part VIII deals with civilly reviewable trade practices, such as refusals to supply, price maintenance, exclusive dealing, tied selling, market restriction, abuse of dominant position and mergers. [...] c) de faire de la publicité trompeuse; d) de ne pas assurer la qualité de service à laquelle leurs acheteurs pouvaient raisonnablement s’attendre.
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7,036.
Abbott Laboratories v. Canada (Health) - 2005 FC 1332 - 2005-09-28
Federal Court DecisionsThe parties had available all the pre-hearing procedural steps to deal with any deficiencies in the record. [...] Paragraph 17 deals with Claim 2; paragraph 20 deals with Claim 13, paragraph 21 with Claim 15. [...] [138] Moreover, Abbott had its opportunity to deal with any alleged infirmities due to the hearsay nature of Dr. Rey’s evidence.
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7,037.
Nunatukavut Community Council Inc. v. Canada (Attorney General) - 2015 FC 981 - 2015-08-18
Federal Court DecisionsIf comments were received, then the RA would give them full and fair consideration and provide a written response. [...] DFO stated that it would give full and fair consideration to the comments and respond in writing. [...] [293] The JRP made a significance determination in the next section of its report dealing with effects on fish assemblage.
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7,038.
Braud v. Canada (Citizenship and Immigration) - 2020 FC 132 - 2020-01-27
Federal Court DecisionsThe reviewing court must 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). [...] This is provided in section 36 of the IRPA. It has been mentioned repeatedly that subsection 36(1) of the IRPA dealing with inadmissibility for “serious” criminality defines a form of “social contract” (Gill v Canada (Citizenship and Immigration), 2019 FC 772 at paras 11–12; Gannes v Canada (Citizenship and Immigration), [...] They serve to state “how and why a decision was made”, demonstrate that “the decision was made in a fair and lawful manner” and shield against “the perception of arbitrariness in the exercise of public power” (Vavilov at para 79).
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7,039.
Asghar v. Canada - 2017 FC 947 - 2017-10-24
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] In this regard, the Supreme Court of Canada has noted that the power to strike out a statement of claim is a “valuable housekeeping measure essential to effective and a fair litigation.” See Hunt v Carey Canada Inc, [1990] 2 SCR 959 and R v Imperial Tobacco Canada Ltd, 2011 SCC 42, at paragraphs 17 and 19. [...] [31] Having determined that the Plaintiff’s action should be dismissed, it is unnecessary to deal with the claim for interlocutory injunctive relief.
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7,040.
Ewert v. Canada - 2015 FC 1093 - 2015-09-18
Federal Court Decisions(f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure; [...] (2) Le délinquant qui croit que les renseignements auxquels il a eu accès en vertu du paragraphe 23(2) sont erronés ou incomplets peut demander que le Service en effectue la correction; lorsque la demande est refusée, le Service doit faire mention des corrections qui ont été demandées mais non effectuées. [...] [112] Overbreadth deals with a law that is so broad in scope that it includes some conduct that bears no relation to its purpose.
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7,041.
Powell v. Canada (Attorney General) - 2004 FC 1304 - 2004-09-22
Federal Court DecisionsDr. Sagi discussed with the Applicant the need to curtail his drinking in order to deal more effectively with his anxiety symptoms. [...] « _soins de santé mentale_ » Traitement des troubles de la pensée, de l'humeur, de la perception, de l'orientation ou de la mémoire qui altèrent considérablement le jugement, le comportement, le sens de la réalité ou l'aptitude à faire face aux exigences normales de la vie. [...] a) violates the common law duty to act fairly; b) violates the Applicant's right under s. 7 of the Charter of Rights and Freedoms not to be deprived of the security of his person except in accordance with the principles of fundamental justice;
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7,042.
Leblanc v. Canada - 2003 FCT 776 - 2003-06-24
Federal Court Decisions"I venture to suggest this principle: if there has been an issue raised and decided against a party in circumstances in which he has had a full and fair opportunity of dealing with the whole case, then that issue must be taken as being finally and conclusively decided against him. [...] He is not at liberty to reopen it unless the circumstances are such as to make it fair and just that it should be reopened"
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7,043.
Garbo Group Inc. v. Harriet Brown & Co. - 1999-11-16
Federal Court Decisions[7] It is important to bear in mind in the context of this question that the related purposes of trade-mark law are the protection of consumers from being misled about the source of goods, and of the interest of traders in identifying their goods or services to the extent compatible with fair competition. [...] The appeal is from a tribunal which, in dealing with compensation claims throughout the province, acquires an expertise in these matters. [...] On the other hand, the Registrar also held that the mark T.G.I.F. BY GARBO possessed "a fair degree" of inherent distinctiveness when considered in its entirety.
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7,044.
Energizer Brands, LLC v. Gillette Company - 2024 FC 717 - 2024-05-09
Federal Court Decisions[9] Fairness and reasonableness are overarching considerations in making a costs award; it involves striking a balance between compensating the successful party and not burdening the unsuccessful party unduly: Janssen Inc v Teva Canada Ltd, 2022 FC 269 [Janssen] at para 8. [...] [51] At trial, I disallowed or excluded the portion of Dr. Kolsarici’s expert report dealing with the Difference in Difference [DID] analysis, specifically paragraphs 258‐272, because of Dr. Kolsarici’s failure to comply with paragraph 3(i) of the Court’s Code of Conduct for Expert Witnesses (under rule 52.2): Energizer
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7,045.
Chrono Aviation Inc. v. Canada (Attorney General) - 2024 FC 635 - 2024-04-26
Federal Court Decisions[23] The Attorney General makes detailed submissions to show that the Minister complied with procedural fairness and that his decision was reasonable. [...] I will deal with these two issues in turn. (3) Alleged lack of alternatives
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7,046.
Panton v. Canada (Citizenship and Immigration) - 2024 FC 514 - 2024-04-03
Federal Court DecisionsThey determined any hardship the Applicant would face in relocating to Jamaica would “arise from the normal and foreseeable working of the law.” In summary, the officer determined the Applicant failed to meet their “onus of demonstrating, having regard to all of the circumstances that decent, fair-minded Canadians aware of [...] Those interests must be well identified, defined, and examined with a great deal of attention in light of all the evidence (Kanthasamy at para 39).
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7,047.
Mamlouk v. Canada (Citizenship and Immigration) - 2023 FC 1097 - 2023-08-11
Federal Court Decisions[20] The applicant argues that, despite the fact that the RAD’s findings deal with credibility, which would usually warrant deference, the Court should not hesitate to intervene in a clear case of error as in this case (Martinez Giron v Canada (Citizenship and Immigration), 2013 FC 7 [Martinez Giron] at para 15). [...] She argues that this evidence [translation] “the genuineness of which is not in dispute” should have been considered fairly by the RAD rather than being discounted because of what it does not say, that is, the names of the persecutors or their organizations.
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7,048.
Gunasinghe v. Canada (Citizenship and Immigration) - 2023 FC 400 - 2023-03-22
Federal Court DecisionsThe police officer told them to return home and that they would deal with the matter. [...] Having not been afforded an oral hearing, the Applicants assert that their procedural fairness rights were breached.
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7,049.
Bellegarde v. Carry the Kettle First Nation - 2023 FC 129 - 2023-01-27
Federal Court DecisionsNevertheless, members of First Nations are entitled to procedural fairness and remedies for the breach of their rights: Sparvier v Cowessess Indian Band, [1993] 3 FC 142 (TD) at 161; Saulteaux, at paragraphs 55–58. [...] Most legal systems that respect individual freedoms and dignity must find peaceful ways to deal with opposition in their midst.
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7,050.
Canada (Attorney General) v. Turmel - 2022 FC 1526 - 2022-11-09
Federal Court DecisionsPeople put their faith in you to help and you never do. you spout lies and nonsense but when the Crown does it-you cry foul...way too funny. you think you’re such a big deal and so important. just because you’re a loser?? [...] ● Preserve the Court’s powers to act further, when necessary, to adjust the vexatious litigant order, but only in accordance with procedural fairness.