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Deri v. Canada (Citizenship and Immigration) - 2015 FC 1042 - 2015-09-02

When a particular “law” is being assessed for Charter compliance, on the other hand, we are dealing with principles of general application.   [...]  In 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).   [...]  In my view the RPD fairly described the article. [78] The reference to employment, reads as follows:

Trojan Technologies Inc. v. Suntec Environmental Inc. - 2003 FC 825 - 2003-07-03

We must look to the whole of the disclosure and the claims to ascertain the nature of the invention and methods of its performance, ... being neither benevolent nor harsh, but rather seeking a construction which is reasonable and fair to both patentee and public.   [...]  Counsel for Suntec urged that, on a construction of claims 36 and 42 which is reasonable and fair to both Trojan and Suntec, and more particularly on such a construction of the phrases and word in question in the context of those claims, the preferred embodiment of the invention as disclosed in the materials at Schedule A   [...]  He pointed out that the Glatthar Patent was the only one of the four (4) references to deal with a ballast, a central component identified in claim 36 of the patent in suit and therefore in related dependent claims 38 and 40.

Western Oilfield Equipment Rentals Ltd. v. M-I LLC - 2019 FC 1606 - 2019-12-23

[70] On its own, the term “vapour” has a fairly uncomplicated meaning – air or gas containing suspended liquids.   [...]  The VSS is not configured to deal with hazardous gases or to separate vapours from drilling fluid.   [...]  [168] Further, Mr Palmer noted that Derrick does not deal with conveying air, vapour, and fluid to an external chamber for separation, or with a degassing chamber.

McDowell v. A Drip of Honey - 2024 FC 453 - 2024-03-25

I will deal with each in turn; however, I note from the outset that the Plaintiff’s submissions almost entirely relate to passing off.   [...]  c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;

Bayer Inc. v. BGP Pharma ULC (Viatris Canada) - 2023 FC 1325 - 2023-10-03

[31] This dual purpose was noted by the Supreme Court of Canada in Bristol-Myers Squibb Co v Canada (Attorney General), 2005 SCC 26 [Biolyse] at paragraph 47, as a fair compromise between the important social interests in health (as represented by cheaper generic drugs) and the interests of patentees to protect their patent  [...]  [36] While there is no specific provision of the FDR that deals with a change in the name of a manufacturer during the review of a submission, the handling of such change is dealt with as a matter of policy.

Schnarr v. Markle - 2023 FC 1004 - 2023-07-21

• [46]The Case Management Judge can also deal with setting other time limits as may be required.   [...]  a) déterminer le montant de la responsabilité et faire le nécessaire pour la constitution et la répartition du fonds de limitation correspondant, conformément aux articles 11 et 12 de la Convention;

Reuven International Limited v. Canada (Attorney General) - 2022 FC 61 - 2022-01-19

The Respondent emphasized that the section of the SFCR dealing with the recognition of foreign establishments is distinct from the non-compliance findings issued in relation to importers’ shipments — it is about Canada’s relationship with a foreign government, not a specific importer.   [...]  In doing so, Reuven asserts that the CFIA also breached Reuven’s procedural fairness rights in departing from established policy on inspection, failing to advise Reuven of the content of the CFIA’s internal deliberations and failing to provide Reuven with an opportunity to make submissions on the applicability of the

Rivera Benavides v. Canada (Citizenship and Immigration) - 2020 FC 810 - 2020-08-24

This connects to the principle of procedural fairness and the right of the parties to be heard, and listened to.   [...]   and the importance of that conclusion to the RAD’s analysis of the means and motivation of the cartel to do so in Mexico City under the first prong of Rasaratnam, the RAD was obligated to deal with this issue, squarely, and to consider all the evidence of the cartel members’ searches for the applicants as detailed above.

Fu v. Canada (Attorney General) - 2020 FC 235 - 2020-02-11

[45] For the other issues raised by Ms. Fu such as a fraudulent foreign internet posting, I either have no jurisdiction to deal with the issues, or the matters are res judicata or unrelated to the decision at hand.   [...]   l’harmoniser avec une autre décision rendue aux termes de la Loi sur la Cour canadienne de l’impôt sur un appel pertinent à celui interjeté aux termes de la présente loi devant le Tribunal de la sécurité sociale, définitive et obligatoire et ne peut faire l’objet que d’un recours prévu par la Loi sur les Cours fédérales.

Mavangou v. Canada (Citizenship and Immigration) - 2019 FC 177 - 2019-02-12

Finally, the newspaper article dated back to May 2015, well before the RPD rejected the refugee claim, and did not deal with the existence of a relationship between Ms. Mavangou and Mr. Eboa, or between Mr. Eboa and Ms. Ndenguet.   [...]  It also does not require that all documents and allegations be accepted at face value, but rather is designed to ensure a fair hearing (Odurukwe v Canada (Citizenship and Immigration), 2015 FC 613 at para 40).

Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited - 2015 FC 770 - 2015-06-19

Generally speaking, the utility requirement represents a fairly low threshold.   [...]  He has published over 250 articles or book chapters, many dealing with sickle cell diseases, iron metabolism, malarial anemia and congenital polycythemia.

Des Roches v. Wasauksing First Nation - 2014 FC 1126 - 2014-11-25

The Band’s decision to impose the surcharge is not related to the exercise of statutory authority under the Indian Act and does not deal with a matter of public interest and is, therefore, not open to judicial review.   [...]  83. (2) Toute dépense à faire sur les fonds prélevés en application du paragraphe (1) doit l’être sous l’autorité d’un règlement administratif pris par le conseil de la bande.

Beri v. Canada (Citizenship and Immigration) - 2013 FC 854 - 2013-08-09

Complaints filed with the latter generally deal with discrimination in employment, discriminatory treatment and discrimination by law enforcement authorities or police officers (Response to Information Request HUN103091.E 21 April 2009);   [...]  (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;