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Collard v. Betsiamites Innu Nation (Election Code) - 2009 FC 812 - 2009-08-11

On the weekend of August 15, 2008, the applicant noticed a great deal of beer circulating in the community and suspected that bribes were being distributed for the elections.   [...]   appearance of conflict of interest and bias, the applicant submits that an informed person, viewing the matter realistically and practically and having thought the matter through, would think that it is more likely than not that the electoral officer, whether consciously or unconsciously, would be unable to decide fairly.

Budakh v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 363 - 2008-03-18

This phrasing is similar to the phrasing found in section 115 of the Act, dealing with the deportation of persons who have been granted refugee protection.   [...]  The dicta of the Supreme Court of Canada in Suresh v. Canada (Minister of Citizenship and Immigration), [2002] S.C.J. No. 3 [Suresh] is therefore applicable to this certification procedure; although there is no requirement for an oral hearing, the certification procedure requires that the Minister or a delegate act fairly,

Canada (National Revenue) v. The Greater Montréal Real Estate Board - 2006 FC 1069 - 2006-09-06

[21] It is fairly clear that in enacting subsection 231.2(3) in 1986, Parliament intended to remedy to the various deficiencies identified by the Supreme Court of Canada in James Richardson & Sons, Ltd. v. Canada (Minister of National Revenue), [1984] 1 S.C.R. 614 [Richardson] and Canadian Bank of Commerce v. Canada   [...]  [56] It appears, at times, that a decision was indeed taken to audit each and every one of the real estate agents and brokers belonging to the GMREB, and thus that we are undeniably dealing with a genuine and serious investigation of these individuals.

Association des Pilotes de Lignes Internationales v. Urbino - 2004 FC 1387 - 2004-11-04

Let me accept that in the sphere of the so-called quasi-judicial the rules of natural justice run, and that in the administrative or executive field there is a general duty of fairness.   [...]  Section 403.05 deals specifically with what is required in order for an individual to continue to exercise his AME privileges.

Ecuyer v. Aéroports de Montréal - 2003 FCT 573 - 2003-05-13

Toute personne doit être informée de toute collecte, utilisation ou communication de renseignements personnels qui la concernent et y consentir, à moins qu'il ne soit pas approprié de le faire.   [...]  [67] I conclude that the mandatory arbitration clauses such as s. 45(1) of the Ontario Labour Relations Act generally confer exclusive jurisdiction on labour tribunals to deal with all disputes between the parties arising from the collective agreement.

Pepper King Ltd. v. Sunfresh Ltd. - 2000-09-07

However, as the point was fully argued I will deal with it briefly. (ii) Was Loblaws' use of the word "volcano" likely to cause confusion?   [...]  (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

Radil Bros. Fishing Co. v. Canada (Department of Fisheries and Oceans, Pacific Region) - 1999-07-12

Fishing licences have substantial market values, far beyond the fairly token yearly licence fee.   [...]  The portion of the reasons dealing with this aspect is instructive: A motion for summary judgment is not intended, and should not be treated, as a substitute for a trial.

Gilead Sciences, Inc. v. Idenix Pharmaceuticals Inc. - 2015 FC 1156 - 2015-11-02

It obviously does not deal with other issues such as toxicity problems associated with fluorine.   [...]  I will deal with all of these contentions below. (1) Dr Griffon’s Attempts to Synthesize the 2’-C-Me/F Compound   [...]  The compound AMRI made was fairly pure. Dr Damha believes it to be more than 90% pure.

Roy v. R. - 2002 FCT 233 - 2002-03-01

[49] Since the plaintiffs have a direct interest in this case, I do not need to deal with the arguments that were made with respect to public interest standing.   [...]  In other words, we are dealing here with a targeted ameliorative program which is alleged to be underinclusive, rather than a more comprehensive ameliorative program alleged to be underinclusive.   [...]  The defendant argued that the apportionment formula is pressing and substantial because there has to be a means of dividing up the benefit in a way that it does not affect other plan members by giving too much money out, and which is fair to the two individuals.

Alcon Canada Inc. v. Cobalt Pharmaceuticals Company - 2014 FC 462 - 2014-05-14

[23] With respect to the validity of the 114 Patent, there are four matters to be addressed in dealing with the patent’s validity:   [...]  [37] Given that this case deals with obviousness and utility, the Skilled Person (even if an amalgam of talents) is a person who would work the patent in a real sense.   [...]  It is not necessary to deal with the issue of anticipation. [184] In regard to 211 Patent, the Applicant’s application for a prohibition order is dismissed with costs.

Wasylynuk v. Canada (Royal Mounted Police) - 2020 FC 962 - 2020-10-14

[3] The Commissioner of the RCMP has quashed the applicant’s medical discharge because he was not afforded procedural fairness.   [...]  The Commissioner concluded that Cpl. Wasylynuk’s right to procedural fairness had been breached.   [...]  It is convenient to deal with the mandamus point now, and address prematurity issues later.

Mungwarere v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 708 - 2017-07-21

Second, the member rejected the Minister’s recommendation that the ID apply paragraph 15b) of the IRPR to deal with this case, so that it will be for the “[Translation] Minister to prove that Mr. Mungwarere, as marked on his report [under section] 44 [of the IRPA] that was referred to us [...] committed under paragraph   [...]  In fact, the decision-maker must be satisfied that the damage that would have been done to the public interest in the fairness of the administrative process should the proceedings continue would exceed the harm to the public interest in the enforcement of the legislation if the proceedings were halted (Blencoe v. British   [...]  For example, in its written submissions to the ID, the Minister suggested that the applicant was probably part of a group of attackers by referring to paragraphs 1238 et seq. of the judgment of acquittal that deal with the testimony of Gérard Bandora, who said that he saw the applicant participate in the Bisesero attacks.

Toussaint v. Canada (Citizenship and Immigration) - 2009 FC 873 - 2009-09-04

Given the importance of having a proper factual foundation before the Court upon which to make important Charter determinations, I will not deal extensively with LIFT’s arguments in these Reasons for Judgment.   [...]  1. Does the law, program or activity, based on a personal characteristic, impose differential treatment between the claimant and others with whom the claimant may fairly claim equality?   [...]  In a case of this kind, and when deciding whether so called economic discrimination could possibly be read into the ambit of s. 15(1), it is well to keep in mind that almost any law dealing with sales or income taxes, licence fees, tariffs or social benefits will have a different and more adverse impact on some groups of