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Porto Seguro Companhia de Seguros Gerais v. Belcan S. A. - 2001-01-31

[18] Sixth, acknowledging the Collision Regulations make no particular reference to the posting of a lookout while at anchor, he points to Rule 5 dealing with look-outs.   [...]  83. Un navire qui jette l'ancre dans un mouillage désigné, ou ailleurs, [...] doit immédiatement faire rapport de sa position au contrôleur du trafic maritime et il ne doit pas poursuivre son voyage sans l'autorisation de ce dernier.   [...]  [21] A fair reading of the evidence indicates that the Federal Danube's yaw from 21.40 was not a normal yaw.

Airbus Helicopters, S.A.S. v. Bell Helicopter Textron Canada Limitée - 2017 FC 170 - 2017-03-02

Rule 106 deals specifically with the severance of proceedings, in contradistinction with Rule 107, which permits bifurcation.   [...]  The rules of evidence are there to protect the right of each party to fairly present their case before the Court.   [...]  She added that they essentially relied on Textron’s policy – the Textron guide – when dealing with intellectual property issues referred to in the employee ethics code.

Sandpiper Distributing Inc. v. Ringas - 2020 FC 366 - 2020-03-12

Nothing in either party’s correspondence refers to the costs award made in the Striking Order, and Rule 402 deals only with the costs of an abandoned motion, not the costs of any underlying order that the motion may seek to set aside.   [...]  However, any aspects of the motion dealing with the main action were rendered moot, or effectively determined in Ringas’s favour, by the discontinuance of the main action.   [...]  Relying on general principles of equity and fairness, Ringas suggests that all of the costs that they were required to incur in the action arose from Sandpiper “starting the war,” which they were then called upon to defend.

Asics Corporation v. 9153-2267 Québec Inc. - 2017 FC 257 - 2017-03-02

At that time, the Plaintiff consented to a request by counsel to the Alleged Contemnors to bifurcate the hearing, in order to permit the Court to make a determination with respect to the allegations of contempt against 9153 and the Two Individuals, prior to dealing with the allegations against 9279.   [...]  It was ultimately decided to deal with the latter allegations in a separate hearing that was scheduled to take place on January 11, 2017, the same day as the hearing of the present Motion.   [...]  [65] More generally, it is readily apparent from a review of the transcript of the cross-examination that Mr. Nassar’s memory is fairly good in respect of matters that support his version of the facts, yet invariably poor in respect of matters that could be of assistance to the Plaintiff.

AbbVie Biotechnology Ltd. v. Canada (Attorney General) - 2014 FC 1251 - 2014-12-22

[2] The appellant submits that the Commissioner erred by applying the wrong definition of a “method of medical treatment” by failing to rely on the established case law dealing with the proper interpretation of “invention” in the Act and, by misinterpreting the jurisprudence and inappropriately acting on the basis of a new   [...]  [93] Justice Hughes noted that “a distinction must be made between claims that rely upon the skill and judgment of a medical practitioner and those that deal with a vendible product, be it a scalpel, X-ray machine or 1 mg tablet that are to be used or prescribed for use by such practitioner.   [...]  It is only within that framework that the question of whether the '950 Patent covers a method of medical treatment could be fairly and properly addressed - and here the Janssen witnesses failed to squarely speak to it.

HJ Heinz Co. of Canada Ltd. v. Canada (Attorney General) - 2003 FCT 250 - 2003-02-27

[23] It is submitted that from this passage emerges a proposition that, when dealing with section 20 of the Act, the other mandatory exemptions of the Act are to be ignored.   [...]  As outlined by Jerome A.C.J. in earlier cases dealing with subsection 20(1)(b):   [...]  4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande_:

David Suzuki Foundation v. Canada (Fisheries and Oceans) - 2010 FC 1233 - 2010-12-07

b) une désignation des menaces à la survie de l’espèce et des menaces à son habitat qui soit compatible avec les renseignements fournis par le COSEPAC, et des grandes lignes du plan à suivre pour y faire face;   [...]  The fact that it has will have an impact upon the way I deal with the exercise of the Court’s discretion to hear the Protection Statement Application.   [...]  [166] I will deal briefly with each of the Respondents’ grounds for resisting the Protection Order Application.

Milano Pizza Ltd. v. 6034799 Canada Inc. - 2022 FC 425 - 2022-04-04

He also added that they had declined to be involved in some of the initiatives Kassis was supporting, specifically a two-for-one deal.   [...]  a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent;   [...]  c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;

Tokmakjian Inc. v. Achorn - 2017 FC 1057 - 2017-11-22

However, I must do my best to determine the proper constitutional jurisdiction of Transit, since if Transit is not within federal jurisdiction I have no authority to deal with the matter of severance pay, based on s. 167 of the Canada Labour Code.   [...]  In fairness, I do not believe that the relevant constitutional framework was articulated before her with as much clarity as it was in this Application.   [...]  As Transit is not within federal jurisdiction, but rather falls under provincial regulation, the Referee has no authority to deal with the matter of severance pay based on section 167 of the Code.

Tam International Inc. v. MCP Altona - 2012 FC 1168 - 2012-10-03

Included in the aforesaid commission shall be the services of the Sheriff in contacting any prospective or potential purchasers, in arranging physical inspection of the Vessel, in liaising with the shipowners or managers for the ship-board attendances by potential purchasers, the negotiation of the purchase price, dealing   [...]  [23] While I appreciate that both parties made certain that the Assessment Officer, in dealing with the Sheriff’s costs, was provided with a broader context of the matter before the Federal Court, I am of the opinion that my role in the present situation is not to determine the issues of the underlying litigation, but to   [...]   however, from the perspective of a strict technical construction of the period defined by the Sheriff responsibility for the Vessel, as defined by the Sale Order, its purchase date falls one day outside the time period even if I feel fairly certain that the paint itself was applied to the Vessel during said sale period.

Cervinus Inc. v. Canada (Minister of Agriculture) - 2000-12-20

When asked by Mr. Kronick, counsel for the plaintiffs, on which facts this opinion was based, Dr. Prestwood replied: "I have no facts sometimes we have to deal with less than perfect evidence."   [...]  8. The only fair inference to draw from the evidence is that the slaughtered animals were not infected with E. cervi and there was no basis for Agriculture Canada to conclude that the herd as a whole "could be affected by a disease, E. cervi".   [...]  The defence experts did not deal with this to any significant degree and certainly did not contradict the evidence of the plaintiffs' experts.

Packers Plus Energy Services Inc. v. Essential Energy Services Ltd. - 2017 FC 1111 - 2017-12-06

Most of the witnesses I heard confirmed that the oil and gas industry is highly competitive and that operating companies have the upper hand in dealings with service companies such as Packers.   [...]  First, I do not believe he characterized the EOG fax to Mr Themig fairly.   [...]  The Wizard Packer is fairly long in length and rigid, such that it often cannot negotiate small radius turns in a wellbore.

Halford v. Seed Hawk Inc. - 2006 FC 422 - 2006-03-31

... ¶ 9 Having reviewed the evidence in this case, it is clear that the amounts taxed were fair and reasonable under the circumstances.   [...]  Once we get to Mr. -- after we gave dealt with Mr. Ukrainetz, if the defendants still wish to deal with the question of Dr. Domier, we can deal with that at that time.   [...]  So I guess what we're dealing with -- I think I see that, I think I see what's going on.