7,644 result(s)
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7,301.
Halford v. Seed Hawk Inc. - 2004 FC 88 - 2004-01-23
Federal Court DecisionsHoe openers, as at the early 1980's, and even today, could be fairly blunt. [...] To that extent, we are not dealing with the absence of an essential element. [...] [265] Some of these can be disposed of fairly quickly. LACK OF UTILITY AND OVERCLAIMING
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7,302.
Khandaker v. Canada (Citizenship and Immigration) - 2020 FC 985 - 2020-10-20
Federal Court DecisionsThis connects to the principle of procedural fairness and the right of the parties to be heard, and listened to: Vavilov, at para 127. [...] The applicant referred to the officer’s statement in his decision that the “purpose of section 25 of the IRPA is to give the Minister the flexibility to deal with extraordinary situations unforeseen by the IRPA where humanitarian and compassionate grounds compel the Minister to act. [...] The applicant submitted that the officer applied the wrong test by indicating that the purpose of section 25 is to give the Minister “the flexibility to deal with extraordinary situations unforeseen by the IRPA...”, which is the same phrase used by the officer in this case.
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7,303.
X (Re) - 2018 FC 874 - 2018-08-30
Federal Court Decisions21 (1) Le directeur ou un employé désigné à cette fin par le ministre peut, après avoir obtenu l’approbation du ministre, demander à un juge de décerner un mandat en conformité avec le présent article s’il a des motifs raisonnables de croire que le mandat est nécessaire pour permettre au Service de faire enquête, au Canada [...] He added that the Attorney General and CSIS were still attempting to develop a process for dealing with such time sensitive applications, having regard to the concerns that I had previously expressed. [...] However, counsel observed that based on his past dealings with the Minister’s office, “if they did not want the Service to be here, we would not be here today.” Counsel added that the Minister did not personally need to approve the motion for the following three reasons:
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7,304.
Bouloud v. Canada (Public Safety and Emergency Predaredness) - 2015 FC 186 - 2015-02-16
Federal Court DecisionsThe trustee disputed that decision before this Court on the ground that the rules of procedural fairness had not been respected (docket T-1800-12). [...] In fact, because the Minister’s delegate did not address this issue in his decision, the issue raised by the applicant should instead be whether the Minister’s delegate erred by failing to consider and apply the provisions of the BIA in dealing with the request for decision. [...] [105] The Minister nonetheless agreed to consider the specific context of the case by dealing with the request for return of funds from the perspective of the position advanced by the trustee regarding the origin of the seized currency instead of from the perspective of the completely different position submitted by Mr.
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7,305.
Bruzzese v. Canada (Public Safety and Emergency Preparedness) - 2014 FC 230 - 2014-03-07
Federal Court DecisionsOn September 2010, a warrant was issued for his arrest by the Italian authorities pursuant to article 416-bis of the Italian Criminal Code, which deals with mafia-type association crime. [...] This evidence was challenged, but the panel was not presented with any evidence to challenge the fairness or the integrity of the Italian justice system. [...] This was a strong indication, for the panel member that they could not possibly be suitable to supervise the Applicant and to deal with the concerns for the security of the public.
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7,306.
Wellesley Therapeutics Inc. v. Canada (Health) - 2010 FC 573 - 2010-05-28
Federal Court Decisions[11] Such Notices of Compliance are familiar to those dealing in the patent area; fortunately, no patents are involved in the present applications. [...] This was never clearly expressed by Health Canada in the course of its dealing with the Wellesley NDS application prior to the launch of these legal proceedings. [...] Here, Counsel for all parties were fair and helpful. The case for all parties was well prepared and argued.
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7,307.
Cassiar Watch v. Canada (Fisheries and Oceans) - 2010 FC 152 - 2010-02-12
Federal Court DecisionsThis a troublesome issue to appear full-fledged before the Court in this motion, since this motion deals with a rule 1612 request. [...] Thus, the applicant argues in the end result for the Minister to be responsible for a wider assessment than that conducted with respect to the part of Sunpine's proposal dealing with the bridges over the Ram River and Prairie Creek triggered by subsection 5(2) of the NWPA. [...] a) si l’ouvrage ou l’entreprise est de nature à faire détériorer, perturber ou détruire l’habitat du poisson en contravention avec le paragraphe 35(1) et quelles sont les mesures éventuelles à prendre pour prévenir ou limiter les dommages;
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7,308.
Canada (Citizenship and Immigration) v. Hua Ma - 2009 FC 779 - 2009-07-29
Federal Court Decisions[54] The Applicant suggests that a fair reading of the travel advisories from the Australian and Canadian government shows concern about criminal activity and civil unrest, especially in Honiara, but it does not show that persons are at risk of persecution because of their Chinese ethnicity. [...] The police commissioner’s lack of prior intelligence and a seemingly lack of an emergency plan to deal with what was always going to be a potentially explosive day, added to the poor performance of the RAMSI police and their lack of coordination with local police indicates that long-term changes will be necessary if the [...] The word is obviously used by the Board in a colloquial sense to mean something such as “demonstrates” or “shows.” The full Decision also reveals that, as regards state protection, the Board placed a great deal of emphasis upon the first-hand evidence of the Respondents.
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7,309.
Molson Canada v. Anheuser-Busch Inc. - 2003 FC 1294 - 2003-11-05
Federal Court DecisionsIt is submitted that the Registrar simply failed to deal with the issue of non-distinctiveness and that this constitutes an error in law. [...] 6.(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 [...] expunge the registration of the trade mark MULTIVIMS on the ground that it was similar to the petitioner's trade mark MULTIVITE. In dealing with the likelihood of confusion in the mind of dealers or users of the wares, if both marks were used at the same time and in the same area, Thorson J. said the following (at p. 60):
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7,310.
Constantinescu c. Canada (Correctional Service) - 2021 FC 229 - 2021-03-16
Federal Court Decisions[68] When we are dealing with a refusal under paragraph 10(1)(a) of the ATIA, there is no longer any question as to the Court’s jurisdiction. [...] (2) Le paragraphe (1) n’oblige pas le responsable de l’institution fédérale à faire état de l’existence du document demandé. [...] (2) Le paragraphe (1) n’oblige pas le responsable de l’institution fédérale à faire état de l’existence du document demandé.
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7,311.
Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology - 2015 FC 1292 - 2015-11-18
Federal Court DecisionsEven if a de novo review were warranted, which it is not, it would require a great deal more time than a one day hearing and the additional days of review to do so. [...] A fair amount of latitude will be allowed on discovery provided that a question is relevant to issues raised by the pleadings. [...] [121] The respondents add that these rulings are fair, because the prothonotary made similar rulings on the respondents’ refusals motions.
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7,312.
Zrig v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1043 - 2001-09-24
Federal Court DecisionsIt is true that he has appointed the tribunal but once appointed, the tribunal is as independent and as seemingly impartial as any tribunal dealing with a service-related offence. [...] One cannot reasonably conclude that the bias of the Commissioner, if bias there is, is the bias of the tribunal and that as a result the applicant would not get a fair trial. [...] Would you think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly."
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7,313.
Bayer Inc. v. Apotex Inc. - 2016 FC 1013 - 2016-09-07
Federal Court DecisionsExample 1 deals with the preparation of tablets containing drospirenone and ethinylestradiol, both micronized. [...] Example 2 deals with the dissolution rate of the drospirenone in such tablets. [...] Example 5 deals with the contraceptive efficacy of formulations containing those components.
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7,314.
Bourgault Industries Ltd. v. Flexi-Coil Ltd. - 1998-02-27
Federal Court DecisionsHe is a fully confident and candid person who obviously possesses a great deal of knowledge within his area of expertise. [...] [75] Between Mr. Bourgault and Mr. Hundeby a great deal of experimentation occurred before the two axis pivot on all packer coils was accepted. [...] The Court must look at the whole of the disclosure and claims to ascertain the nature of the invention, being neither benevolent or harsh, but seeking a construction which is reasonable and fair to both the patentee and the public.
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7,315.
Fournier Pharma Inc. v. Canada (Health) - 2012 FC 740 - 2012-07-05
Federal Court DecisionsBoth deal with the drug fenofibrate; however, each involves a different patent. [...] [14] Fournier filed two affidavits, both sworn by its proposed expert, Dr. Fernando Muzzio: the first dealing with the issue of infringement and the second dealing with issues relating to invalidity. [...] First, they both deal with a patent different from that at hand. Second, the claim being construed in those cases used the connecting word “and” and not “or” as in this case.
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7,316.
Abbott Laboratories v. Canada (Health) - 2009 FC 648 - 2009-07-07
Federal Court DecisionsProthonotary Aalto ruled that the Applications Judge would be better placed to deal with the status of the challenged paragraphs. [...] (b) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] [185] It is unnecessary for me to deal further with the Respondent’s submissions under this heading.
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7,317.
Eros -Équipe de Recherche Opérationnelle en Santé Inc. v. Conseillers en Gestion et Informatique C.G.I. Inc. - 2004 FC 178 - 2004-02-03
Federal Court Decisionsd) s'il s'agit d'une oeuvre littéraire, dramatique ou musicale, d'en faire un enregistrement sonore, film cinématographique ou autre support, à l'aide desquels l'oeuvre peut être reproduite, représentée ou exécutée mécaniquement; [...] I accept that he was not aware and that, given the course of dealings between Lloyd and Koch, he would not suspect that what he was being told by Lloyd to do was an infringement of Koch's right of copyright. [...] [141] Section 35 deals more specifically with the damages to which he is entitled to remedy the infringement:
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7,318.
Kirby Offshore Marine Pacific LLC v. Heiltsuk - 2019 FC 1009 - 2019-07-26
Federal Court Decisions[32] Returning now to the main body of the MLA, Part 6 of that Act deals with liability and compensation for pollution. [...] a) déterminer le montant de la responsabilité et faire le nécessaire pour la constitution et la répartition du fonds de limitation correspondant, conformément à cette convention; [...] The Limitation Action does not deal with liability or damages. [113] The BCSC Claim is 26 pages long.
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7,319.
Ka’a’Gee Tu First Nation v. Canada (Attorney General) - 2007 FC 763 - 2007-07-20
Federal Court DecisionsI will now deal with each of the above factors in turn. [101] The existence of the Applicants’ broad harvesting rights to hunt, trap and fish under Treaty 11 is not in dispute. [...] It was therefore incumbent on the Ministers to ensure procedural fairness was met and to provide equal access to the Applicants. [...] a) de faire de l’Office l’outil primordial, dans la vallée du Mackenzie, en ce qui concerne l’évaluation environnementale et l’étude d’impact de ces projets;
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7,320.
Canada (National Revenue) v. Chad - 2024 FC 460 - 2024-03-22
Federal Court DecisionsThe documents subject to the Requirements are foreign-based documents because (1) they are not within the Respondent’s power, possession or control; and (2) the documents would be located outside of Canada and would likely be within the possession or control of other entities with whom the Respondent deals at arm’s length. [...] For example, the Court refused to exercise the power where the record provides “sufficient evidence surrounding the circumstances under which the Report was requested and generated, and sufficient evidence as to the nature of the information in the Report, that the Court can fairly decide the issues raised in this
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7,321.
Kalonda Lubangi v. Canada (Citizenship and Immigration) - 2024 FC 195 - 2024-02-07
Federal Court Decisions[5] The reviewing court must therefore adopt the principle of judicial restraint, intervening only “where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (para 13). [...] As I pointed out at the hearing of the application for judicial review, Guideline 8 is very limited and deals solely with providing procedural accommodations where necessary (see s 5.2).
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7,322.
Alghanem v. Canada (Citizenship and Immigration) - 2023 FC 1223 - 2023-09-08
Federal Court DecisionsAlthough the Applicant raises a procedural fairness issue in the context of a specific piece of extrinsic evidence referenced in the Officer’s decision, I do not address this issue as I find the reviewable errors regarding the decision’s reasonableness to be sufficient to warrant this Court’s intervention. [...] • Advocates reported that women who reach out to police rarely get help because officers were not adequately trained to deal with domestic violence cases;
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7,323.
Spirit Bear Coffee Company Inc. v. Kitasoo First Nation - 2023 FC 1185 - 2023-09-06
Federal Court Decisions[8] The deponents’ evidence is fairly summarized at paragraphs 12 to 37 of the Decision. [...] She stated at para 35 that bad faith “may also include dealings which fall short of the standards of acceptable commercial behaviour as observed by reasonable experienced people in the area being examined.” She also cited with approval at para 35 the decisions in Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth
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7,324.
Canada (Citizenship and Immigration) v. Kurt - 2022 FC 1347 - 2022-09-27
Federal Court DecisionsBefore me, the Minister confirmed that exclusion under Article 1F(a) would apply whether the particular crimes were perpetrated against the PKK or regular civilians suspected of common crimes; ultimately, we are dealing with the inhumane treatment of a civilian population or an identifiable group. [...] This Court should adopt a posture 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).
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7,325.
Canada (National Revenue) v. Shaker - 2022 FC 407 - 2022-03-24
Federal Court Decisions[33] Justice Brown also observed that a trustee holds trust property solely for the beneficiaries’ enjoyment and cannot profit personally from their dealings with the trust property or with the beneficiaries of the trust (Valard at para 17). [...] b) précisant les date, heure et lieu de l’audience à laquelle le débiteur judiciaire peut faire valoir les raisons pour lesquelles la charge ne devrait pas être maintenue.