7,644 result(s)
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7,326.
Canada (National Revenue) v. Shaker - 2022 FC 408 - 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.
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7,327.
Khodeir v. Canada (Attorney General) - 2022 FC 44 - 2022-01-14
Federal Court DecisionsThe following provisions of the Civil Code of Québec deal with judicial notice: [...] [31] Those who assert that judicial notice should only be a rebuttable presumption are typically concerned with the fairness of the process.
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7,328.
Shala v. Canada (Citizenship and Immigration) - 2021 FC 326 - 2021-04-15
Federal Court DecisionsThis alternative request had to be addressed, as a matter of substance and of simple procedural fairness. [...] I note that in three recent cases, this Court has returned TRP applications for determination or redetermination in other circumstances when an officer failed to deal with them alongside an H&C application: see Li v Canada (Citizenship and Immigration), 2020 FC 754 (Elliott J.), at paras 10-11; Williams v. Canada
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7,329.
Alsaloussi v. Canada (Attorney General) - 2021 FC 168 - 2021-02-22
Federal Court Decisionsbeen issued by the administrative decision-maker, and the motions to vary the Court’s orders were seeking variations of the orders to clarify the process to be followed by the administrative decision-maker in conducting the re-determination, or to deal with issues relating to evidence used in the re-determination process. [...] These are not the type of remedies that the Court may or should order on a motion under Rule 399(2)(a), In fact, doing so would be highly prejudicial to the right of the decision-maker and of the AGC to a fair hearing, and would mean that the Court could invalidate the Decision on the basis of an expedited and curtailed
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7,330.
Nashir v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 147 - 2020-01-28
Federal Court DecisionsIt is fair to say that this evidence was contradictory and inconsistent in many respects. [...] This brief deals with a police investigation into a domestic dispute which occurred at approximately 7:30 pm, Wednesday, May 11, 2016, between the victim, 49-year-old [name redacted] and her ex-boyfriend, 30-year-old Amir NASHIR....
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7,331.
Daoust v. Mohawk Council of Kanesatake - 2018 FC 766 - 2018-07-20
Federal Court Decisions[10] The provisions of the Manual dealing specifically with the IAP are found in Chapter 2. [...] However, the Moratorium provides the Council with a fairly broad discretion to ensure the Moratorium is effectively enforced.
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7,332.
Lesly v. Canada (Citizenship and Immigration) - 2018 FC 272 - 2018-03-08
Federal Court DecisionsIn my view, this can include fairness to third parties who acted diligently in filing their application and any appeals therefrom, and as a result are no longer able to benefit from the same substantive change in the law that may form the basis for an application. [...] since his admissibility proceeding before the ID. However, further affidavit evidence shedding light on the reasons for Mr. Emmanuel’s delay, and explaining how his “limited means” differed from the other crew members and passengers who were being assisted by Legal Aid and had to deal with similar issues, was not filed.
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7,333.
Canada (Attorney General) v. Bernier - 2017 FC 120 - 2017-01-31
Federal Court DecisionsUnder the applicable standard of review, the role of the Federal Court is to determine whether the decision under review is correct, namely with respect to procedural fairness, or reasonable, depending on the issue to be decided. [...] A judicial review hearing is not a trial de novo (Paradis, at paragraph 22), nor does it deal with the merits, because questions of merit are entrusted by Parliament to the administrative tribunals created for that purpose (Bernard v Canada (Revenue Agency), 2015 FCA 263; 479 NR 189).
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7,334.
Maltz v. Witterick - 2016 FC 524 - 2016-05-10
Federal Court Decisions24 Requiring that an original work be the product of an exercise of skill and judgment is a workable yet fair standard. [...] [36] As a general matter, it is important to not conduct the substantiality analysis by dealing with the copied features piecemeal: Designers Guild, at p. 705, per Lord Hoffman. ...
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7,335.
Sivaraththinam v. Canada (Citizenship and Immigration) - 2014 FC 162 - 2014-02-20
Federal Court DecisionsI will deal with the issue of different qualifiers of possibility, risk, etc, below. [...] What is more, it connotes reasonableness, a notion which a fair legal system must be based upon.
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7,336.
S.A. v. Canada (Citizenship and Immigration) - 2014 FC 146 - 2014-02-13
Federal Court DecisionsThroughout that section of its decision (at paragraphs 37, 39, 45 and 47), as well as the remaining sections dealing with failed asylum-seekers (at paragraphs 51, 53 and 56) and S.A.’s sur place claim (at paragraphs 62 and 63), it repeatedly referred to the situation facing Tamils in Sri Lanka, including those returning [...] A fair reading of those other sources reflects that such persons may be detained for a period of time ranging from a few hours to “months.” A small number of those sources also suggest that such persons may be assaulted or tortured in detention.
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7,337.
Davis v. Canada (Citizenship and Immigration) - 2013 FC 1243 - 2013-12-11
Federal Court Decisions[23] On a fair reading of the interview notes, it is clear that it was the father’s statements of support for the adoptions, rather than Ida’s motive in making the adoption proposal, which produced the reasons relied upon by the Officer. [...] He argued with the step-mother but it didn’t make a difference b/c they still got on with their relationship and Lancia & her sister Terika were left to deal with her again.
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7,338.
Transport Vares Inc. v. Feng - 2011 FC 1295 - 2011-11-10
Federal Court DecisionsThe action raises issues quite beyond the capacity of the arbitration board to deal with. [...] [85] The Applicant claimed that the Adjudicator committed several breaches of procedural fairness during the hearing.
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7,339.
Wrangler Apparel Corporation v. Big Rock Brewery Limited Partnership - 2010 FC 477 - 2010-04-30
Federal Court Decisions25 The onus remained throughout on the respondent to establish the absence of likelihood, but the Board was only required to deal with potential sources of confusion that, in the Board's view, have about them an air of reality. [...] (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
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7,340.
Level v. Canada (Citizenship and Immigration) - 2010 FC 251 - 2010-03-04
Federal Court DecisionsThe task is to determine whether the applicants have a fairly arguable case, a serious question to be determined. [...] In Aldana v. Canada (Minister of Citizenship and Immigration), 2008 FCA 176, [2008] F.C.J. No. 725, the Federal Court of Appeal ruled that an order granting leave does not entitle the applicant to have the Federal Court deal with each and every issue raised in support of the leave when disposing of the judicial review
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7,341.
Nycomed Canada Inc. v. Canada (Health) - 2008 FC 541 - 2008-04-28
Federal Court DecisionsFor the purpose of this motion, it is fair to say that the relevant portions of the ‘748 patent claim a composition of pantoprozole and a Helicobacter Inhibiting Anti-Microbial Agent (“HIAMA”) for use in the treatment of gastrointestinal diseases caused or exacerbated by H. Pylori and secreted gastric acid. [...] Without going over all the aspects of the evidence Nycomed has tendered to show the type of evidence it would propose to lead on the merits of this application, I note that the evidence includes a statement from a pharmacist to the effect that, having had prior dealings with Sandoz’ sales representatives, Sandoz’ marketing
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7,342.
Guido Berlucchi & C. S.r.l.’s v. Brouillette Kosie Prince - 2007 FC 245 - 2007-03-02
Federal Court DecisionsIn paragraphs 4-7 of Maison Cousin, the Federal Court of Appeal deals with the role of the Court in respect of issues on which material new evidence had been presented in appeal. [...] In its view, a fair reading of the decision makes it clear that the Registrar would have accepted that the sale was sufficient to establish use if the applicant had properly established the identity of the trade-mark used on those bottles.
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7,343.
Ragupathy v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 1370 - 2006-11-10
Federal Court DecisionsThe Act does not, however, also require the delegate’s reasons to deal with whether the protected person is a “danger to the public” before assessing risk and balancing risk and danger. [...] This is the minimum required to meet the duty of fairness and fulfill the requirements of fundamental justice under section 7 of the Charter.
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7,344.
RATIOPHARM INC. v. LABORATOIRES RIVA INC. - 2006 FC 889 - 2006-07-18
Federal Court Decisions[6] Nor is it necessary to deal with the physical appearance or “get-up” of the two products either in the context of passing off or trade-mark infringement. [...] Benoît Leblanc, a linguistics professor, called by the plaintiff, made the point that the suffix “YLIN” is fairly common in the pharmaceutical industry.
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7,345.
Gebremichael v. Canada (Minister of Citizenship and Immigration) - 2006 FC 547 - 2006-05-01
Federal Court Decisions1. Did the Board err in law or in fact, breach fairness or exceed jurisdiction in determining that the Applicants' evidence was not credible? [...] The Applicants say that the Board was required to deal with this sur place element of the claim under section 96 of the IRPA. The Applicants also argue that the Board's failure to consider the sur place elements of the claim constitutes a fatal reviewable error (Ghasemian v. Canada(Minister of Citizenship and Immigration),
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7,346.
Canada (Attorney General) v. Caisse populaire de la Vallée de l'or - 2005 FC 119 - 2005-01-25
Federal Court Decisionsb) ne pas faire partie du patrimoine ou des biens de la personne à compter du moment où le montant est déduit ou retenu, que ces biens aient été ou non tenus séparés de ses propres biens ou de son patrimoine et qu'ils soient ou non assujettis à une telle garantie. [...] [46] First, the very wording of subsection 227(4.1) of the Act contains no such limitation, unlike the wording of subsection 224(1.2) of the Act, dealing with the garnishment procedure which materializes in the plaintiff's favour when a third party is sent a letter requiring the third party to pay the plaintiff an amount
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7,347.
Apotex Inc. v. Merck & Co., Inc. - 2004 FC 1452 - 2004-10-20
Federal Court DecisionsIn that order, Apotex maintains that the impugned paragraphs disclose no reasonable defence, are immaterial, redundant, frivolous and vexatious, will delay the fair trial of the section 8 action, and are an abuse of the process of the Court. [...] [56] Let me deal first with Apotex' request that the defence and counterclaim be struck pursuant to Rule 221(d), as unduly delaying the trial of the section 8 action.
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7,348.
Mercier v. Canada (Minister of National Revenue) - 2004 FC 1036 - 2004-07-26
Federal Court DecisionsOnce this is established, the Act specifically deals with proof of the foreign origin once the goods have been found in Canada [ss.152(2)]. [...] moyen que le ministre juge indiqué, à l'agent qui a saisi les biens ou les moyens de transport ou a signifié ou fait signifier l'avis, ou à un agent du bureau de douane le plus proche du lieu de la saisie ou de la signification, présenter une demande en vue de faire rendre au ministre la décision prévue à l'article 131_:
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7,349.
Kraft Canada Inc. v. Euro Excellence Inc. - 2004 FC 652 - 2004-05-03
Federal Court DecisionsIt is of course not correct to say that no commercial dealing could be made with the bottles because of the copyright in the label, the label could simply be removed, and replaced with another label. [...] I think it fair and reasonable that Kraft be awarded pre-judgment interest at the simple rate of 5 percent, the legal rate set forth in the Interest Act, R.S.C. 1985, c. I-13.
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7,350.
Martin v. Canada (Attorney general) - 2003 FC 1158 - 2003-10-06
Federal Court Decisions[...] A board which is created and protected by a privative clause is the manifestation of the will of Parliament to create a mechanism that provides a speedy and final means of achieving the goal of fair resolution of labour-management disputes. [...] [50] The concept of danger as it existed in the pre-amended Code was not intended to deal with danger in the broadest sense of the word.