7,644 result(s)
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7,076.
Nautical Data International, Inc. v. C-Map USA Inc. - 2012 FC 300 - 2012-04-03
Federal Court DecisionsFor this reason, the Federal Courts Rules dealing with summary judgment need to be interpreted and applied in a manner that secures the just, most expeditious and least expensive determination of every proceeding on its merits: Teva Canada Ltd v Wyeth LLC, 2011 FC 1169 at para 30 [Teva]. [...] ou concession consentie par écrit par le titulaire peut, individuellement pour son propre compte, en son propre nom comme partie à une procédure, soutenir et faire valoir les droits qu’il détient, et il peut exercer les recours prévus par la présente loi dans toute l’étendue de son droit, de son titre et de son intérêt.
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7,077.
Choudry v. Canada (Citizenship and Immigration) - 2011 FC 1406 - 2011-12-02
Federal Court DecisionsIt also noted that Greece is a democracy, has civilian authorities which maintain control of the security forces, and has a fair and independent judiciary. [...] Item 3.1 thereof deals with this issue, and the Panel cannot find, on a balance of probabilities, that the claimant is a citizen of Bangladesh.
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7,078.
Hernandez Febles v. Canada (Citizenship and Immigration) - 2011 FC 1103 - 2011-09-27
Federal Court Decisions[30] The fettering of discretion, which the Applicant also raises, is a matter of procedural fairness, reviewable on the standard of correctness (Khosa at para 43). [...] . . . The exclusion deals with denial of refugee protection. Protection remains available, though subject to considerations of public safety and security of Canada.
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7,079.
Kgaodi v. Canada (Citizenship and Immigration) - 2011 FC 957 - 2011-07-28
Federal Court DecisionsThere are free and fair elections and a relatively independent and impartial judiciary. [...] The Applicant’s Personal Information Form narrative (PIF) never says that the husband was charged or arrested; he was simply told to go home and deal with the matter there.
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7,080.
Medica v. Canada (Citizenship and Immigration) - 2011 FC 927 - 2011-07-25
Federal Court DecisionsHis conduct at the hearing may raise questions as to whether he appreciated the Chairperson’s Guideline on Procedures with Respect to Vulnerable Persons Appearing Before the IRB and, in particular, Section 4 dealing with procedural accommodation. [...] [23] After dismissing the recusal motion, Member McSweeney continued with his questioning of the applicant; however, when he suggested that the applicant shared the personal details of her assaults with a stranger (the psychologist), Mr. Munro again objected saying that this was not a fair question.
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7,081.
Winifred v. Canada (Citizenship and Immigration) - 2011 FC 827 - 2011-07-08
Federal Court DecisionsHowever, systems for investigating police misconduct exist, and though in practice these are too often a charade, especially when dealing with extra-judicial killings by the police, they nevertheless result in police officers being disciplined and dismissed ... [...] The collapse of the persecutory regime, coupled with the holding of genuinely free and democratic elections, the assumption of power by a government committed to human rights, and a guarantee of fair treatment for enemies of the predecessor regime by way of amnesty or otherwise, is the appropriate indicator of a meaningful
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7,082.
Le Massif Inc. v. Station touristique Massif du sud (1993) Inc. - 2011 FC 118 - 2011-02-02
Federal Court Decisions(7) Il est fourni, de la manière prescrite, à l’opposant et au requérant l’occasion de soumettre la preuve sur laquelle ils s’appuient et de se faire entendre par le registraire, sauf dans les cas suivants : [...] . . . The Respondent submits it is settled law that there is no jurisdiction to deal with an issue not found in a Statement of Opposition and this Court does not have jurisdiction to entertain issues that were not raised before the Board (McDonald’s Corp. v. Coffee Hut Stores Ltd., (1994), 76 F.T.R. 281, 55 C.P.R. (3d) 463,
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7,083.
Apotex Inc. v. Pfizer Ireland Pharmaceuticals - 2010 FC 968 - 2010-09-28
Federal Court DecisionsThrough such a process, this is a fairly clear indication that these issues must be of a limited or preliminary nature. [...] Patent litigation is already complex, in this Court and in every court that deals with patents.
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7,084.
Peer v. Canada (Citizenship and Immigration) - 2010 FC 752 - 2010-07-19
Federal Court Decisions[7] On May 5, 2008, the High Commission sent that applicant a procedural fairness letter informing him that there may be reasonable grounds to believe that he was inadmissible for security reasons and inviting him to make further submissions before a final decision was made. [...] [45] It is submitted that the question is a serious one of general importance as it raises a question of the proper interpretation of subsection 43(1)(a) of the Act. It is submitted that the decision in Qu did not deal with the situation at hand, namely where the applicant has no hostile intent to those who are the target
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7,085.
Abbasi v. Canada (Citizenship and Immigration) - 2010 FC 288 - 2010-03-12
Federal Court DecisionsA marriage is a union between two individuals, and where suspicion exists as to the genuineness of the union because an expected standard of conduct is not met, to fairly and properly deal with the suspicion, the evidence of each individual must be carefully considered.
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7,086.
A. B. v. Canada (Citizenship and Immigration) - 2009 FC 325 - 2009-03-27
Federal Court Decisions(b) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] [17] Counsel for the applicant took me to the US Department of State Country Reports on Human Rights Practices dealing with the Islamic Republic of Iran and released on the 11th of March, 2008.
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7,087.
Carr v. Canada - 2008 FC 1416 - 2008-12-29
Federal Court DecisionsThe expectation that evidence of mental illness comes to the courtroom without co morbid factors (which will be discussed below), and with a clean and unqualified rigid diagnosis is not realistic or fair to claimants. [...] I do find, therefore, that Mr. Carr is entitled to $12,000.00 exclusive of costs for pain and suffering and for damages as he continues to deal with symptoms of PTSD, albeit mild at this point.
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7,088.
Jozsefne v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1411 - 2008-12-23
Federal Court DecisionsIt deals only with various possible scenarios. As well, this letter, intended to be a medical assessment, is odd considering that the physician goes so far as to refer to the father’s situation in Canada (He’s legally residing and working in Canada). [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada’s system of immigration control.
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7,089.
Manivannan v. Canada (Citizenship and Immigration) - 2008 FC 1392 - 2008-12-17
Federal Court Decisions[50] At the hearing of this matter, there was indication from Respondent’s counsel that everything was in place for a decision to be made and that a decision could be expected in the fairly near future. [...] [54] The Court recognizes that time was required to investigate the husband’s admissibility, particularly from the aspect of security, and that background checks needed to be made, but my review of the record suggests illogical and unnecessary delays in dealing with the Applicant’s PIF and in not making it clear to the
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7,090.
Somodi v. Canada (Citizenship and Immigration) - 2008 FC 1356 - 2008-12-05
Federal Court Decisions6. Whether, in all the circumstances, the Applicant was denied a fair hearing (consideration)? [...] 21 Section 72 of IRPA deals with applications for judicial review. Subsection 72(1) states that not application can be made until any right of appeal provided by the Act is exhausted:
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7,091.
Lotech Medical Systems Limited v. Kinetic Concepts Inc. - 2008 FC 1195 - 2008-10-24
Federal Court DecisionsI will deal with these objections below. [5] I begin with the following facts that are undisputed and set the background for the motion. [...] If a litigant could achieve an undeserved tactical advantage over the opposing party by bringing a disqualification motion or seeking other "ethical" relief using "the integrity of the administration of justice" merely as a flag of convenience, fairness of the process would be undermined.[10]
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7,092.
Campbell v. Electoral Canada - 2008 FC 1080 - 2008-09-25
Federal Court DecisionsAccordingly, the supplementary material must not deal with evidence that could have been made available at the time the initial affidavits were filed, unless its relevance could not have been anticipated at that time (Atlantic at para. 9; Pfizer Canada Inc. v. Canada (Minister of Health), [2007] 2 F.C.R. 371 at paras. [...] [27] Thus, it is fair to say that each case will involve a different weighing depending on the individual circumstances before the decision maker (Solvay Pharma Inc. v. Apotex Inc., [2007] F.C.J. No.1190 (QL) at para. 12, 2007 FC 913).
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7,093.
Burley v. Canada (Attorney General) - 2008 FC 525 - 2008-04-22
Federal Court DecisionsMr. Burley's submissions challenge only the decision of the ADM and do not expressly deal with the decision of the TBS. The Attorney General argues to uphold the decision of the TBS. In oral argument, counsel for the Attorney General asserts that any comments made by the ADM in her reasons, other than her conclusion that [...] a) La rémunération de base versée pour l’accomplissement des fonctions normales d’un poste dans la fonction publique, y compris les allocations, les rémunérations spéciales ou pour temps supplémentaire ou autres indemnités et les gratifications qui sont réputées en faire partie en vertu d’un règlement pris en application de
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7,094.
Canada (National Revenue) v. Lachapelle - 2007 FC 1161 - 2007-11-09
Federal Court Decisionsb) que le tiers se présente, aux date, heure et lieu précisés, pour faire valoir les raisons pour lesquelles il ne devrait pas payer au créancier judiciaire la dette dont il est redevable au débiteur judiciaire ou la partie de celle-ci requise pour l’exécution du jugement. [...] Therefore, when Marco Gagnon testifies and says that Robert Landry came close to “breaking the deal”, he was referring to Robert Landry’s incompetence in the tasks that he had to perform as an Animation JL Inc. employee and talking about Pierre Lachapelle’s dissatisfaction with Robert Landry.
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7,095.
Parrish & Heimbecker Limited v. Canada - 2007 FC 789 - 2007-07-27
Federal Court Decisions[17] The leading authority dealing with extensions of time under section 18.1(2) of the Act is Grewal v. Canada, (Minister of Employment and Immigration), [1985] F.C.J. No. 144 (F.C.A.), [1985] 2 F.C. 263. [...] 2006, I do not think that its cause of action should be defeated simply because of its incorrect choice of process and I do not think that its conduct in that regard can be fairly described as reckless or indifferent as those terms were used in McGill v. Minister of National Revenue (1985), unreported F.C.A. A-876-84.
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7,096.
Transport Ronado Inc. v. Canada - 2007 FC 166 - 2007-02-14
Federal Court Decisions[52] I would now like to briefly deal with the plaintiff’s factual submissions to the effect that the application for refund had been mailed on February 13, 2003, that is, before the February 17, 2003 deadline, and that the delays which led to the Minister’s physically receiving said document on March 11, 2003, were not [...] [59] There is no doubt that the plaintiff’s claim may inspire sympathy for reasons of fairness, but a State has the inalienable power to legislate from time to time to modify the rights of taxpayers, and taxpayers who have or believe that they have legitimate rights also have a responsibility to make their intentions known
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7,097.
Husband v. Canadian Wheat Board - 2006 FC 1390 - 2006-11-16
Federal Court Decisionsb) transporter ou faire transporter d’une province à une autre du blé ou des produits du blé appartenant à d’autres personnes; [...] [29] In closing I would observe, as many other courts have done in dealing with legal challenges to the Act and the policies of the CWB, that what seems to be at issue are the political and economic wisdom of Canada’s grain marketing scheme.
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7,098.
Distrimedic Inc. v. Dispill Inc. - 2006 FC 832 - 2006-06-29
Federal Court Decisions[12] We will begin our analysis of the motion under review by first dealing with the motion for particulars sought by Distrimedic. [...] Both parties are entitled to fair notice of the case which they are bound to meet so that they may procure evidence relevant to the issues disclosed by the pleadings.
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7,099.
Flanders Filters Inc. v. Trade Mark Reflections Ltd. - 2006 FC 145 - 2006-02-07
Federal Court Decisions[6] Prior to the hearing of this appeal, the Court issued a direction to counsel for Flanders requesting that at the hearing of the appeal counsel be prepared to deal with two decisions of the Trade-marks Opposition Board: MCI Communications Corp. v. MCI Multinet Communications Inc. (1995), 61 C.P.R. (3d) 245; and Dynatech [...] 50(3) Sous réserve de tout accord encore valide entre lui et le propriétaire d'une marque de commerce, le licencié peut requérir le propriétaire d'intenter des procédures pour usurpation de la marque et, si celui-ci refuse ou néglige de le faire dans les deux mois suivant cette réquisition, il peut intenter ces procédures
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7,100.
9058-3956 Québec Inc. v. Canada (Public Safety and Emergency Preparedness) - 2006 FC 4 - 2006-01-04
Federal Court DecisionsThe plural form was also used in the section dealing with persons from whom a notice of waiver is required. [...] (...) Qui peut faire une demande 5. Vous pouvez présenter une demande de drawback, si vous êtes l’importateur, l’exportateur, le transformateur, le propriétaire ou le fabricant des marchandises qui ont été exportées hors du Canada et dont les droits ont été acquittés au moment de l’importation.