7,644 result(s)
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7,251.
Jay-Lor International Inc. v. Penta Farm Systems Ltd. - 2007 FC 358 - 2007-05-14
Federal Court DecisionsPredictability is achieved by tying the patentee to its claims; fairness is achieved by interpreting those claims in an informed and purposive way. [...] In dealing with each of the 13 factors below, I will consider the evidence of these two witnesses. [...] At that time, it is fair to conclude that Mr. Buurma had a reasonable belief that his version of the vertical feed mixer was not infringing.
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7,252.
Huang v. Canada (Citizenship and Immigration) - 2017 FC 762 - 2017-08-10
Federal Court Decisions[23] Allegations of bias, if found, can give rise to a breach of procedural fairness and are reviewed under the correctness standard: Gaziova v Canada (Citizenship and Immigration), 2017 FC 679 at para 24. [...] [29] The test for an apprehension of bias is whether an informed person, viewing the matter realistically and practically, and having thought the matter through, would conclude that it is more likely than not that the decision-maker, whether consciously or unconsciously, would not decide fairly: Committee for Justice and [...] The test for such an apprehension is whether an informed person, viewing and practically, and having thought the matter through, at it is more likely than not that the decision-maker, whether consciously or unconsciously, would not decide fairly.
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7,253.
Constellation Brands Quebec Inc. v. Smart & Biggar - 2016 FC 605 - 2016-05-31
Federal Court DecisionsHe emphasized that flexibility is the operative word in dealing with motions to intervene because every intervention is different; “i.e. different facts and legal issues and different contexts.” I find these comments respond to a large degree to CBQ’s argument that the Prothonotary erred in relying on Pictou Landing. [...] In such circumstances, it would seem to follow that by its intention of promoting competitive fairness, Parliament has put in place the means to ensure that its trade-mark regime is not abused. [...] [64] If section 45 is intended in part at least to ensure fairness by removing abusive trade-mark monopolies that are unfair to competitive trade-mark owners, the argument would seem to follow that Federal Court procedure used on appeals under section 45 should be liberally applied to align with the intention of the
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7,254.
Ishaq v. Canada (Citizenship and Immigration) - 2015 FC 156 - 2015-02-06
Federal Court DecisionsWhen dealing with these female candidates it is the responsibility of a citizenship official to confirm the candidate’s identity. [...] 22. (1) Le ministre ou la personne qu’il a déléguée par écrit peut faire prêter le serment de citoyenneté à toute personne qui s’est vu attribuer la citoyenneté. [...] b) à l’étranger, devant l’agent du service extérieur, le juge, le magistrat, l’agent d’une cour de justice ou le commissaire autorisé à faire prêter les serments dans le pays où réside la personne.
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7,255.
Alberta Wapiti Products Cooperative Ltd. v. Canada (Minister of Agriculture) - 2005 FC 1468 - 2005-10-28
Federal Court Decisions. . . 48. (1) Le ministre peut prendre toute mesure de disposition, notamment de destruction, - ou ordonner à leur propriétaire, ou à la personne qui en a la possession, la responsabilité ou la charge des soins, de le faire - à l'égard des animaux ou choses qui: [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] I will not deal with the outcome if such evidence had been available.
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7,256.
Alticor Inc. v. Nutravite Pharmaceuticals Inc. - 2004 FC 235 - 2004-02-16
Federal Court DecisionsAccordingly, I will deal with this issue first. Issue #1: Validity of the NUTRILITE trade-mark [...] Thus, I cannot fairly conclude that even the Canadian scientific community was familiar with the word "nutrilite". [...] On most of their outings, the store in question carried a range of NUTR products in fairly close proximity (for example, in the pharmacy section of a Walmart store, or in a small health food store).
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7,257.
Merck Sharp & Dohme Corp. v. Wyeth LLC - 2021 FC 317 - 2021-04-30
Federal Court Decisions[33] In addition, Wyeth notes that Dr. Kasper is not an expert in pneumococcus and that no more than 10 of the 400 papers he has authored deal with pneumococcus. [...] Q. Is that a fair way of doing it? A. Well, that is one way you could do it. [...] Q. And silicone oil is one of those factors but not the only one, fair?
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7,258.
Tensar Technologies, Limited v. Enviro-Pro Geosynthetics Ltd. - 2019 FC 277 - 2019-03-06
Federal Court DecisionsMR. McGOWN: In this sort of situation, you're dealing in the range 20 to 80 percent, and we're around about the middle of that, 40 to 60, 70; I don't think you would find material in that portion of the product with mixtures much different from that. [...] It is not fair for a person claiming to have invented a combination invention to break the combination down into its parts and find that, because each part is well known, the combination is therefore obvious (Bridgeview, above at para 51). [...] (b) Adherence to the language of the claims in turn promotes both fairness and predictability.
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7,259.
Taman v. Canada (Attorney General) - 2015 FC 1155 - 2015-10-13
Federal Court DecisionsIn Pinet, the twin goals of public safety and fair treatment grounded the assessment of whether an infringement of an individual’s liberty interest was justified (para. 19). [...] To ensure public confidence in its administration, prosecutorial discretion must be exercised in a manner that is objective, fair, transparent and consistent.” The purpose of the Deskbook and the guidance it offers is to realize these objectives. [...] For example, under the heading “Effort - Critical Thinking and Analysis” the descriptors include: “Exercises prosecutorial discretion before the courts to present a fair, complete and just prosecution on criminal matters in accordance with law practice standards.
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7,260.
Signalgene R&D Inc. v. Canada (National Revenue) - 2012 FC 1375 - 2012-11-27
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] [77] The second factor is the fact the Respondent, in all previous decisions dealing with the Applicant’s claims, never identified or told Signalgene a Notice of Determination was contained in the Notice of Assessment. [...] It was decided under the fairness provisions of the Act. JUDGMENT THIS COURT’S JUDGMENT is that this judicial review application is granted with costs to be assessed on Column V with the units fixed at the highest number in the range for each assessable service of the Court’s Tariff.
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7,261.
National Gypsum (Canada) Ltd. v. Canadian National Railway Company - 2014 FC 869 - 2014-09-12
Federal Court DecisionsI propose to deal with her second argument first as it can be dispensed with quickly. [...] [112] Further, the surcharge will rise or fall based on the cost of diesel, making it fair to both parties. [...] (c) be commercially fair and reasonable to the parties. Decision binding
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7,262.
Harkat (Re) - 2010 FC 1241 - 2010-12-09
Federal Court Decisions[273] The deal did not go through because Derbas could not raise the requisite funds. [...] There is a fair amount of evidence to show that the maintained connections with them. [...] [446] In fairness, Professor Wark stated during his testimony that Shehre was a terrorist:
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7,263.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 747 - 2023-05-29
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] he relied when dealing with the immigration agent; the immigration agent’s non-disclosure of the two previous applications for a study permit that were refused; and that the applicant had not genuinely consented to the submission of the study permit application containing fraudulent documents by the agent on his behalf.
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7,264.
Kolo Scooter Inc. v. Canada (Transports) - 2023 FC 344 - 2023-03-14
Federal Court DecisionsThe court must instead adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] These reminders are particularly important given how “easy [it is] for a reviewing court to slide from the reasonableness standard into the arena of correctness when dealing with an interpretative issue that raises a pure question of law” (New Brunswick Liquor Corp. v. Small, 2012 NBCA 53, 390 N.B.R. (2d) 203, at para. 30).
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7,265.
Nader v. Canada (Citizenship and Immigration) - 2023 FC 265 - 2023-02-24
Federal Court Decisions[46] I should add for the sake of clarity that Canada, like Great Britain and the United States, has a fair number of hybrid offences, that is to say offences which, depending on the mitigating or aggravating circumstances surrounding their commission, can be prosecuted either summarily or more severely as an indictable [...] [74] I deal first with the Applicant’s second proposed question. While I conclude that the RAD erred by aggregating the taser and cannabis charges when finding that the handling stolen goods charge constituted a serious non-political crime, I arrive at this conclusion by noting that the RAD failed to first consider if the
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7,266.
Monsalve v. Canada (Citizenship and Immigration) - 2022 FC 1253 - 2022-09-02
Federal Court DecisionsThe BIOC must be “well identified and defined” and examined “with a great deal of attention”(Kanthasamy, at para 39; Legault, at paras 12-31), and decision-makers must be “alert, alive, and sensitive” to the BIOC (Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 at para 75). [...] To the extent that this statement is inconsistent or in tension with the principles quoted in paragraphs 19 and 20 above, and with other jurisprudence that can be fairly read as having adopted a similar approach, I consider that it does not accurately reflect the existing state of the law: see, e.g., Li v Canada
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7,267.
Canada v. Stephen Moffett Ltd. - 2021 FC 1223 - 2021-11-10
Federal Court Decisions[34] The principle of contra proferentum holds that any ambiguity or flaw in the wording of the Plaintiff’s Settlement Offer should be interpreted fairly and liberally, in favour of the Defendants. [...] It can also depend on a number of other factors, such as: (1) “the course of dealing between the parties leading up to the formation of the contract”; (2) the nature of the obligations under the contract; (3) the financial position of the relevant party; (4) the value of what is at issue; and (5) the state of the market:
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7,268.
Hughes v. Canada (Human Rights Commission) - 2021 FC 728 - 2021-07-09
Federal Court Decisions44 Indépendamment de toute autre forme de réparation qu’elle peut accorder, la Cour d’appel fédérale ou la Cour fédérale peut, dans tous les cas où il lui paraît juste ou opportun de le faire, décerner un mandamus, une injonction ou une ordonnance d’exécution intégrale, ou nommer un séquestre, soit sans condition, soit [...] [43] In my view, there is no merit to the submissions the Court has no jurisdiction to deal with vexatious litigants when proceeding under Part 12, or that the Vexatious Litigant Motion is an abuse of court.
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7,269.
Basanti v. Canada (Citizenship and Immigration) - 2019 FC 1068 - 2019-08-09
Federal Court Decisions[38] Mr. Basanti’s last argument deals with the adequacy and sufficiency of the IAD’s reasons. [...] In City of Edmonton, the Supreme Court has even posited that a tribunal’s failure to provide any reasons does not, in itself, breach procedural fairness, and a reviewing court may consider the reasons which could be offered in support of the decision being reasonable (City of Edmonton at paras 36-38).
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7,270.
Kooner v. Canada (Citizenship and Immigration) - 2019 FC 806 - 2019-06-12
Federal Court Decisions162 (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
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7,271.
Ramanathan v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 834 - 2017-09-22
Federal Court DecisionsMoreover, Mr. Ramanathan argues that the Delegate should have either provided him with an opportunity to testify, or if no, assessed the documentary evidence in a fair and sensible manner. [...] According to the criminal investigation documentation, Mr. Ramanathan’s family was threatened with death by the Italian mafia because of his dealings with organized criminals.
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7,272.
Canada (Public Safety and Emergency Preparedness) v. Ismail - 2014 FC 390 - 2014-04-25
Federal Court Decisions[23] That said, both parties have asked that I exercise my discretion to deal with this matter as the issue will likely arise in Mr. Ismail’s subsequent detention reviews, and in other cases as well. [...] Amongst others, these include family reunification, and establishing fair and efficient procedures that maintain the integrity of the Canadian refugee protection system, while still upholding Canada’s respect for human rights.
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7,273.
Nagy v. Canada (Attorney General) - 2013 FC 137 - 2013-02-07
Federal Court Decisions(2) Le délinquant qui croit que les renseignements auxquels il a eu accès en vertu du paragraphe 23(2) sont erronés ou incomplets peut demander que le Service en effectue la correction; lorsque la demande est refusée, le Service doit faire mention des corrections qui ont été demandées mais non effectuées. [...] I note, however, the provision she was examining was not section 24 but section 26 dealing with disclosure to victims.
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7,274.
Wiesehahan v. Canada (Citizenship and Immigration) - 2011 FC 656 - 2011-06-08
Federal Court Decisions[36] Questions of natural justice and the duty to act fairly are questions of law to be determined on the standard of correctness: Kozak v. Canada (Minister of Citizenship and Immigration), 2006 FCA 124, at paragraph 44; Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190, at paras. 55 and 90; and Canada (Citizenship [...] [42] The Board does not deal with the emails between the applicants in any detail.
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7,275.
Shephard v. Canada (Citizenship and Immigration) - 2008 FC 379 - 2008-03-26
Federal Court Decisions232. Il est sursis à la mesure de renvoi dès le moment où le ministère avise l’intéressé aux termes du paragraphe 160(3) qu’il peut faire une demande de protection au titre du paragraphe 112(1) de la Loi. Le sursis s’applique jusqu’au premier en date des événements suivants : [...] [54] In that question, the applicant refers to article 3 of the Convention against Torture, which deals with the expulsion of an individual.