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Astrazeneca Canada Inc. v. Mylan Pharmaceuticals ULC - 2017 FC 142 - 2017-02-07

[73] This is far from a clear case where any of the experts were unable or unwilling to provide fair, objective and non-partisan input; no evidence of same was furnished.   [...]  After all, motivation is an intrinsically difficult measure to take, and even more so when it comes to the notional POSITA. In short, a “general” versus “specific” motivation distinction, which consumed a great deal of energy in these proceedings, may be a false dichotomy.   [...]  The test is not whether the skilled person had good reason to pursue solutions that provide a “fair expectation of success”: Eli Lilly Canada Inc v Mylan Pharmaceuticals ULC, 2015 FCA 286 at para 4.

Canada (Citizenship and Immigration) v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 33 - 2009-01-15

Justice Dawson is also dealing with a review of the terms and conditions of Mr. Jaballah’s release from detention.   [...]  That question is better determined by the judges dealing with the variation or review of the terms and conditions of Messrs.   [...]  As a consequence, I will deal with each category of photographs separately, starting with the August 30, 2007 photographs of the family’s move.

Canada (National Revenue) v. Dominelli - 2022 FC 1418 - 2022-10-18

The CRA's latest request for information (July 24, 2019) deals with the 2016 taxation year and here again, answers were provided to questions dealing with the 2016 taxation year in prior responses by and on behalf of Mr. Dominelli.   [...]  Here, we are dealing with a different provision, but one that nonetheless requires “reasonableness”.   [...]  The proper administration of justice and ensuring fairness are central to the doctrine [...]

Mercury Launch & Tug Ltd. v. Texada Quarrying Ltd. - 2006 FC 464 - 2006-04-10

[4] But before getting any further into the issues to be determined, it is important to note that the parties agreed that the trial would only deal with liability issues and that the damages, if necessary, would be later determined by reference.   [...]  In fact, the evidence is that they were all new or fairly new and in good order.   [...]  [138] In my view, this is a clear application of the general principle set out in classic cases dealing with the common law duty of a port/berth owner such as "The Moorcock" (1889) 14 PD 64, The Grit (1924) P. 246.

Schut v. Canada (Attorney General) - 2003 FC 1323 - 2003-11-10

26. The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals.   [...]  [33] The decision of Teitelbaum J. dealing with s.s. 3 and 10(5) of the Veterans Appeal Board Act, in Tonner v. Canada (Minister of Veterans Affairs), [1995] F.C.J. No. 550 (Fed. T.D.) further supports the Respondent's argument:   [...]  As well, Stein, supra, is distinguishable because it deals with the reversal of previous findings, not the replacement of silence with new findings.

Gemak Trust v. Jempak Corporation - 2020 FC 644 - 2020-05-26

Thus, it is important that the patent system—and in particular, the scope of patent protection—be fair as well as predictable in its operation.   [...]  This is a surprising statement coming from an expert who apparently had no difficulty expressing a definitive opinion about encapsulation when dealing with the issue infringement by Jempak.   [...]  I am left with the conclusion that Dr. Frankenbach failed to provide fair, objective and non-partisan opinions, which ended up tainting her entire evidence.

Tunda v. Canada (Citizenship and Immigration) - 1999-06-11

It is therefore unnecessary for the purposes of the case at bar to deal with all the points raised by the applicant in detail.   [...]  The new method of redistributing seats throughout Canada is fair because it ensures that the proportion of seats and proportion of population of each province does not significantly deviate from the present situation.   [...]  First, it limits increases in membership in the House of Commons to levels as moderate as are fair and practical.

Bombardier Recreational Products Inc. v. Arctic Cat, Inc. - 2020 FC 691 - 2020-06-15

a) l'objet de la modification est de faire concorder le document avec les questions en litige à l'audience;   [...]  [147] The market share analysis proceeds from a fairly simple proposition.   [...]  It would be puzzling why AC would not have made adequate plans to deal with the injunction.

Çolakoğlu Metalurji A.S. v. Altasteel Inc. - 2024 FC 831 - 2024-05-31

[36] Dealing with the first ground, one must distinguish between a re‐investigation which is in the nature of an inquiry process, and a re‐determination which is a decision that may result from that inquiry process.   [...]  [28] It is clear, however, that the grounds of appeal available under SIMA are broad and include issues of procedural fairness (Toyota, above; Spike Marks, above).   [...]  d’une ordonnance d’un office fédéral, rendue à tout stade des procédures, cette décision ou cette ordonnance ne peut, dans la mesure où elle est susceptible d’un tel appel, faire l’objet de contrôle, de restriction, de prohibition, d’évocation, d’annulation ni d’aucune autre intervention, sauf en conformité avec cette loi.

Mafoumba v. Canada (Citizenship and Immigration) - 2021 FC 1325 - 2021-11-30

Instead, the RAD deals with other issues whose relevance to the admissibility of the evidence on appeal is questionable.   [...]  They demonstrate that the arguments were considered and that the decision is fair: It is not arbitrary (Vavilov, para. 79).   [...]  It follows that the provision of reasons for an administrative decision may have implications for its legitimacy, including in terms both of whether it is procedurally fair and of whether it is substantively reasonable.

Glaxosmithkline Biologicals S.A. v. Canada (Health) - 2020 FC 397 - 2020-04-07

Is that fair? A. I think the context of this paragraph is in line with the position that the key ingredient in a vaccine to excerpt the desired effect is the antigen.   [...]  125 Q. So the ASO1B Adjuvant System in SHINGRIX, it is fair to say, increases the body’s immune response to the gE antigen?   [...]  [18] It is clear that the origins of Canada’s CSP legislative regime lie in Chapter 20 of the Canada-European Union Comprehensive Economic Trade Agreement [CETA] dealing with supplementary patent-like protection for certain eligible pharmaceutical patents.

Best v. Canada (Attorney General) - 2017 FC 1145 - 2017-12-14

[63] The issue before the Court on the application for judicial review is not to find whether Justice Shaughnessy engaged in misconduct, but rather whether the ED of the CJC made a reviewable error in holding that the CJC had no jurisdiction to deal with the complaint [see Taylor v. Canada (Attorney General), [1997] F.C.J.   [...]  appellate review and not the filing of a complaint with the CJC. In Chiang, the Court of Appeal restored the original seven-day sentence imposed by Justice Farley, finding that the Chiangs had not had fair notice that they faced a term of imprisonment greater than seven days for their continued contempt (see paras 93-103).   [...]  Similarly, even if the Applicant in this case may have faced an increased sentence without fair notice, the proper remedy was appellate review and not the filing of a complaint with the CJC.

Max Realty Solutions Ltd. v. Canada (Attorney General) - 2014 FC 656 - 2014-07-04

In that regard, I note that in Cactus Cafe Turner Road Ltd v British Columbia (Liquor Control and Licensing Branch), 2010 BCSC 1691 at paras 79-81, Justice Cullen determined that a liquor inspector had erred by failing to properly consider a due diligence defence and thereby breached procedural fairness.   [...]  Further, the Nova Scotia Court of Appeal, in a case where the Minister argued a due diligence defence was only available on the offence, and not where the offence was “deemed” to have occurred through non response of a party, found that a failure to consider this was a breach of procedural fairness (Guild Contracting   [...]  This states that a lawyer provided training at the Homelife Real Estate head office in August where the Deal Secretary, Mariam Kottab, was trained on the importance of FINTRAC and PCMLTFA. A second training session by the same lawyer occurred in Max Realty’s office in September 2008 which was attended by agents.