7,644 result(s)
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7,101.
Falls Management Co. v. Canada (Minister of Health) - 2005 FC 924 - 2005-06-30
Federal Court DecisionsIn that respect, the provisions dealing with "promotion" are a key feature of the Act. They are found in Part IV, the relevant portion of which reads as follows: [...] 19. Il est interdit de faire la promotion d'un produit du tabac ou d'un élément de marque d'un produit du tabac, sauf dans la mesure où elle est autorisée par la présente loi ou ses règlements.
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7,102.
Pieces d'autos usagées RTA (1986) Inc. v. Canada - 2005 FC 771 - 2005-05-31
Federal Court DecisionsThe same standard has been applied in appeals of CIT decisions dealing with anti-dumping legislation: 2703319 Canada Inc. (c.o.b. VWV Enterprises) v. Canada (Deputy Minister of National Revenue) (1999), 250 N.R. 381; Specialized Vicycle Components Canada Inc. v. Canada (Deputy Minister of National Revenue), [2000] F.C.J. [...] I also rely upon s. 10 of the Interpretation Act, R.S.O. 1980, c. 219, 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
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7,103.
Del Zotto v. Canada (Minister of National Revenue) - 2005 FC 653 - 2005-05-09
Federal Court DecisionsThose requests were amplified by counsel's letter of February 8, 2000 which expressed the view that a full response to the requests for information "will provide a definitive answer as to all Revenue Canada dealings with Mr. DelZotto". [...] [...] b) soit dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment :
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7,104.
Cluett, Peabody Canada Inc. v. Effigi Inc. - 2005 FC 400 - 2005-03-23
Federal Court Decisions(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 liés [...] When dealing with famous or well-known marks, it may be more difficult to demonstrate that there is no likelihood of confusion, especially if the nature of the wares are similar.
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7,105.
Kathirgamu v. Canada (Minister of Citizenship and Immigration) - 2005 FC 300 - 2005-02-25
Federal Court DecisionsFairness did not require the Board to put the inconsistency to her for comment before drawing its credibility conclusion. [...] [46] The applicant raised other issues, but I need not deal with those issues because of my finding with respect to the Board's credibility and implausibility findings.
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7,106.
Turner v. Canada (Canada Customs and Revenue Agency) - 2004 FC 1558 - 2004-11-04
Federal Court DecisionsThis reasoning is not only reasonable, it is completely fair. [19] Finally, as to whether there was a breach of the rules of natural justice, there is no need to consider the standard of review since if there was in fact a breach the decision should be set aside. [...] I will deal with this question first. Absence of transcript [20] The parties agreed that the absence of a record is not in and of itself a breach of the rules of natural justice, since there is no right to recording expressly conferred by the Act (Scheuneman v. Canada (Attorney General) (T.D.), [2000] 2 F.C. 365, at paras.
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7,107.
Esco Corp. v. Quality Steel Foundries Ltd. - 2003 FC 993 - 2003-08-20
Federal Court DecisionsHe worked mostly on litigation files but spent about 20% of his time dealing with prosecution of patent applications. [...] XXII. With respect to the second question, I understand the law to be that colleagues of a tainted lawyer may still act in a file if they establish through clear and cogent evidence that a fair minded reasonably informed member of the public would not conclude that the confidential information imparted or presumed to have
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7,108.
Canada (Minister of National Revenue) v. Stickle - 2001 FCT 1019 - 2001-09-13
Federal Court Decisions[8] After dealing with those preliminary matters, evidence was adduced through eight witnesses. [...] [12] Finally, not only was the order which directed written argument express that no new evidence could be submitted, but fairness precludes having regard to documentary evidence obtained after the trial which has not been subjected to cross-examination and which, in any event, would not have been admissible at hearing as a
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7,109.
Lafarge Canada Inc. c. La Reine - 2001 FCT 194 - 2001-03-16
Federal Court DecisionsThe appellant, therefore, would not have had recourse to the method of calculating FST according to the fair market value outlined in Memorandum ET 207. ... [...] the manufacturer or producer thereof for his own use, the sale price of the goods shall be deemed to be equal to the sale price that would have been reasonable in the circumstances if the goods had been sold, at the time of the appropriation, to a person with whom the manufacturer or producer was dealing at arm's length.
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7,110.
Gustave v. Canada (Minister of Citizenship and Immigration) - 2000-10-27
Federal Court DecisionsThe time limit is an integral part of the determination procedure for the PDRCC class and thus is a statutory limitation on the authority of immigration officers to deal with applications under the PDRCC regulations. [...] (i) si l'intéressé présente une demande d'autorisation relative à la présentation d'une demande de contrôle judiciaire aux termes de la Loi sur la Cour fédérale ou notifie par écrit à un agent d'immigration son intention de le faire, jusqu'au prononcé du jugement sur la demande d'autorisation ou la demande de contrôle
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7,111.
Wilson v. Canada - 2000-10-27
Federal Court Decisions408(2) Lorsque des parties sont tenues de payer des dépens les unes aux autres, l'officier taxateur peut en faire le rajustement par compensation. [...] Notwithstanding that concern, because the appropriateness of the procedure was not raised by the parties, I will deal with the merits of the Crown's motion.
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7,112.
Mclean v. Canada - 1999-03-26
Federal Court DecisionsIt has been suggested that Part I of the Crown Liability and Proceedings Act deals only with claims in tort.8 Upon review of Part I, it is difficult to envisage a matter relating to contracts being encompassed in the wording of any of its sections. [...] A similar outcome is found in Shiloff v. Canada25 where Justice Rothstein relied on Evans in concluding that a public servant had no redress by way of an action for damages in the Federal Court, even though the government institution had failed to assess fairly her performance as a post-doctoral fellow.
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7,113.
Napa v. Abta Shipping Co. - 1998-11-20
Federal Court Decisions[57] Under this heading it should be noted that it is the part of the defendants" motion dealing with the proper forum which has unquestionably used up most of the time and energy of counsel for the plaintiffs, both in preparing their defence to the motion and at the hearing of it. [...] [62] Taking into account all the factors listed in Rule 400(3), and in particular the factors mentioned in Rule 400(3)(a), (c) and (g), it seems fair and reasonable to award the plaintiffs in each of the two cases concerned here their costs at the maximum of column V at Tariff B.
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7,114.
Groupe Tremca Inc. v. Techno-Bloc Inc. - 1998-07-03
Federal Court DecisionsI summarized it fairly a minute ago; correct? A. Yes. [22] By Ciccarello"s own admission, all this information was in the public domain in June 1993, when an action similar to this proceeding was brought against the defendant (the 1993 action, infra , paragraph 27). [...] [45] According to my reading of that judgment, the potential communication of confidential information by the client in his or her initial dealings with the solicitor is the basic factor to look for in assessing the possible existence of a conflict when the solicitor subsequently ends up acting against the client.
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7,115.
Temple v. Via Rail Canada - 2009 FC 858 - 2009-09-09
Federal Court Decisions[82] That said, this Court in Professional Institute of the Public Service, above, has already decided that an applicant assumes “a fairly heavy burden” in establishing that the federal institution’s designation of a bilingual position “lacks objectivity” (paragraph 53). [...] While VIA and complainants have different viewpoints on the extent to which the SM on a given train otherwise deal with passengers, we accept the Corporation’s position that the incumbent is expected to deal extensively with passengers in a public relations’ capacity. [...] [...] Federal government offices and Crown corporations across the country must be able to deal with people in either French or English.
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7,116.
Seesahai v. Via Rail Canada - 2009 FC 859 - 2009-09-09
Federal Court Decisions[84] That said, this Court in Professional Institute of the Public Service, above, has already decided that an applicant assumes “a fairly heavy burden” in establishing that the federal institution’s designation of a bilingual position “lacks objectivity” (paragraph 53). [...] While VIA and complainants have different viewpoints on the extent to which the SM on a given train otherwise deal with passengers, we accept the Corporation’s position that the incumbent is expected to deal extensively with passengers in a public relations’ capacity. [...] [...] Federal government offices and Crown corporations across the country must be able to deal with people in either French or English.
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7,117.
Bonner v. Via Rail Canada - 2009 FC 857 - 2009-09-09
Federal Court Decisions[81] That said, this Court in Professional Institute of the Public Service, above, has already decided that an applicant assumes “a fairly heavy burden” in establishing that the federal institution’s designation of a bilingual position “lacks objectivity” (paragraph 53). [...] While VIA and complainants have different viewpoints on the extent to which the SM on a given train otherwise deal with passengers, we accept the Corporation’s position that the incumbent is expected to deal extensively with passengers in a public relations’ capacity. [...] [...] Federal government offices and Crown corporations across the country must be able to deal with people in either French or English.
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7,118.
Collins v. Via Rail Canada - 2009 FC 860 - 2009-09-09
Federal Court Decisions[83] That said, this Court in Professional Institute of the Public Service, above, has already decided that an applicant assumes “a fairly heavy burden” in establishing that the federal institution’s designation of a bilingual position “lacks objectivity” (paragraph 53). [...] While VIA and complainants have different viewpoints on the extent to which the SM on a given train otherwise deal with passengers, we accept the Corporation’s position that the incumbent is expected to deal extensively with passengers in a public relations’ capacity. [...] [...] Federal government offices and Crown corporations across the country must be able to deal with people in either French or English.
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7,119.
Norton v. Via Rail Canada - 2009 FC 704 - 2009-09-09
Federal Court Decisions[80] That said, this Court in Professional Institute of the Public Service, above, has already decided that an applicant assumes “a fairly heavy burden” in establishing that the federal institution’s designation of a bilingual position “lacks objectivity” (paragraph 53). [...] While VIA and complainants have different viewpoints on the extent to which the SM on a given train otherwise deal with passengers, we accept the Corporation’s position that the incumbent is expected to deal extensively with passengers in a public relations’ capacity. [...] [...] Federal government offices and Crown corporations across the country must be able to deal with people in either French or English.
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7,120.
Laboratoires Servier, Adir, Oril Industries, Servier Canada Inc. v. Apotex Inc. - 2008 FC 825 - 2008-07-02
Federal Court DecisionsTo the extent that I must deal with individual criticisms as I address specific areas of the testimony, I will do so. [...] [388] The balance of s. 43 sets out the procedures to be followed in declaring and dealing with conflicts. [...] The scope of patent protection must not only be fair, it must be reasonably predictable . . .
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7,121.
Philip Morris Products S.A. v. Malboro Canada Limited - 2010 FC 1099 - 2010-11-08
Federal Court DecisionsUnlike with many other kinds of products, the cigarette package is something that the consumer deals with several times a day, so the consumer needs to feel comfortable with. [...] This is a document designed for ITL representatives to be used in their dealings with retailers, suggesting ITL products as possible substitutes for other manufacturers’ brands. [...] I think it is fair to say, and no evidence to the contrary has been filed, that both marks are inherently distinctive and well known.
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7,122.
Pfizer Canada Inc. v. Canada (Health) - 2010 FC 447 - 2010-04-26
Federal Court Decisions[43] The ‘132 Patent deals with an ophthalmic solution for treatment of glaucoma and ocular hypertension. [...] By contrast, the ‘113 patent deals with olanzapine alone. In these circumstances, patent law considers the ‘113 to be a “selection patent”. [...] He said Claims 19. 31, 37 and 38 are overbroad because there is no disclosure dealing with the prevalence of irritation or hyperemia.
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7,123.
Abbott Laboratories v. Canada (Health) - 2008 FC 1359 - 2008-12-11
Federal Court DecisionsThus, a Motions Judge will not be found to have erred in law if he or she decides to deal with the motion. [...] [24] In the present case we are dealing with crystalline forms of a pharmaceutical chemical, a molecule known as clarithromycin. [...] Does that mean that if there is something other possibility, even a fairly remote one, that some other result would follow, I should conclude the result is not inevitable?
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7,124.
Wanakome Inc. v. Martin - 2024 FC 688 - 2024-05-06
Federal Court DecisionsThereafter, the Act only deals with registered trade marks. Within the context of section 20 of the Federal Court Act, the declaration is a remedy “in equity” and in this case is with respect to a trade mark. [...] The Court of Appeal does not appear to have found it necessary to deal with this issue, however. [...] The Martins point to an exchange between Hadad and Eric Martin from March 21, 2018 where Eric Martin proposes a “50/50” arrangement to which Hadad acknowledges he did not take issue, “as long as [it was] fair”.
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7,125.
Saputo inc. v. Canada (Attorney General) - 2009 FC 1016 - 2009-10-07
Federal Court Decisions[56] With respect to the source of protein in cheese, as the RIAS points out, there is a great deal of variation in international standards. [...] [59] The long term growth of the dairy sector was one of the policy issues the Governor in Council had to deal with in enacting the new Regulations. [...] [80] On a fair reading of the regulatory scheme as a whole, as amended by the new Regulations, it cannot be said in the Court’s opinion that the essential or dominant purpose of the impugned provisions is to effect an economic transfer from dairy processors to dairy producers.