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Barlow v. Canada - 2000-03-03

(d) regional and economic fairness issues; and (e) evidence relating to the need to avoid the type of civil unrest that took place in New Brunswick between September 17 and October 22, 1999.   [...]  [52] As a preliminary matter, it appears that the issue of standing and the fourth issue raised by the respondents, the failure of the plaintiffs to name all persons directly affected in the originating notice of motion, are closely related and therefore I shall deal with them together.

Janssen Inc. v. Apotex Inc. - 2019 FC 1355 - 2019-10-29

[62] It is fair to say that in large measure Apotex has met the burden of “an air of reality” on the issue of validity.   [...]  To be obvious to try, a POS just needs to have a fair expectation of success, but does not need to be able to predict success with certainty: AstraZeneca Canada Inc v Teva Canada Ltd, 2013 FC 245 at para 43, 428 FTR 269.   [...]  Apotex’s basic contention is that there is no nexus between ZYTIGA and the 422 Patent and therefore the Patent cannot be listed because PN’s role is to deal with side effects, not cancer treatment.

Allergan Inc. v. Apotex Inc. - 2022 FC 260 - 2022-02-23

Other claims (the use claim set) deal with the product’s use for the treatment of osteoporosis.   [...]  [220] Although the parties each submit that the experts supported their respective views on construction, the experts were fairly consistent.   [...]  As acknowledged by Allergan, some formulations of BR 601 would overlap with the ‘188 Patent, but arriving at these formulations would require a great deal of trial and error and experimentation.

Apotex Inc. v. Sanofi-Aventis - 2010 FC 182 - 2010-02-18

How that assumption will impact the case management of this matter will become apparent as I deal with the various aspects of these motions.”   [...]  The Apotex Defendants also plead and rely upon subsections 55.2(1) and (6) of the Patent Act, as they read at all material times, dealing with the manufacture, construction, use or sale (collectively, for the purposes of paragraphs 83 to 84, “use”) of a patented invention relating to the development of regulatory   [...]  Apotex would also use those new facts to argue that preclusion of action outside the U.S. should be an implied term of the May 2006 Agreement, based on the presumed intention of the parties, in order to give it business efficacy or as necessary to a fair functioning of the Agreement.

Eli Lilly Canada Inc. v. Novopharm Limited - 2009 FC 235 - 2008-03-19

She formed her own company and deals in the filing of New Drug Submissions and Abbreviated New Drug Submissions with Health Canada.   [...]  It was also conceded by all Counsel at the hearing that claim 7, which deals with a particular use of the product, is not of concern in these proceedings.   [...]  This construction is to be conducted in a purposive manner so as to endeavour to be fair to both the patentee and the public of the decision of Binnie J. for the Court in Whirlpool Inc. v. Camco Inc., [2000] 2 S.C.R. 1067:

UPL NA Inc. v. AgraCity Crop & Nutrition Ltd. - 2022 FC 1422 - 2022-11-10

They adopt a fair and objective approach. They read the patent and the prior art trying to understand what the author meant.   [...]  [31] The Patent Act promotes adherence to the language of the claims, which in turn promotes fairness and predictability (Free World Trust at paras. 31(a), (b) and 41).   [...]  The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.

Conseil des Innus de Pessamit v. Riverin - 2017 FC 934 - 2017-10-19

The 2010 Conseil was facing a done deal [93] The adjudicator was correct in stating that Vice‑Chief Benjamin supported Uapats by allowing it to obtain the contract with Résolu or Rexforêt, but it seems that, when he learned about the existence of a conflict of interest in June 2012, he was facing a done deal.   [...]  The evidence strongly suggests that the purpose of concealing the respondent’s interests in Uapats was to present the Conseil with a done deal: an agreement already entered into that would immediately employ members of the community to prevent the Conseil from considering other competitors.   [...]  Such facts are related to the duty to act fairly, an issue that is not disputed in this case.

ITV Technologies Inc. v. WIC Television Ltd. - 2003 FC 1056 - 2003-09-10

It also tendered a number of patents dealing with inventions for industrial television, and patents for inventions that used the letters ITV as an acronym.   [...]  [97] Distinctiveness of a trade-mark deals with whether or not the mark when used in association with the wares, distinguishes for the consumer the source of those wares.   [...]  The evidence establishes that the letters ITV were used to represent various meanings dealing with television, such as independent television, Internet televison, interactive television, and informational television.

Canada v. Obodzinsky - 2003 FC 1080 - 2003-09-19

La communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé.(3) A decision of the Court made under subsection (1) is final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.   [...]  Consequently, the delay affected his right to present a defence and the fairness of the hearing to be held and constituted an abuse by the plaintiff.   [...]  The defendant argued that certain comments and records were inadmissible on the ground that his expert witness report made no mention of them and did not deal in any way with these records.

Campeau v. Canada - 2021 FC 1449 - 2021-12-20

Section 50(1)(a) deals with a specific circumstance when it may not be in the interests of justice to allow a proceeding to continue—namely, when the claim is being pursued in another jurisdiction.   [...]  Uniting these claims in one court would avoid the potential for inconsistent findings of fact and liability and would avoid the possibility of the Defendant paying more than its fair share of damages; and

Canada (Attorney General) v. Meng - 2020 FC 844 - 2020-08-20

[54] Counsel submit that a great deal of information regarding the manner of Ms. Meng’s arrest has already been made public and the disclosure of additional information of the same type could not likely cause injury.   [...]  [62] Counsel further submit that there is a public interest to be considered over and above the public interest in the fair trial of Ms. Meng, which includes human rights and the open court principle.

Weldemariam v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 631 - 2020-05-20

The reasonableness standard is meant to ensure that “courts intervene in administrative matters 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).   [...]  While the case before me deals with inadmissibility pursuant to paragraph 34(1)(a) of the IRPA, rather than the relief provisions set forth in paragraph 42.1, I find that the principles set out by the Supreme Court of Canada (SCC) in Agraira [footnote omitted] with regard to the meaning of the expression “contrary to the

Certain Underwriters at Lloyd's v. Mediterranean Shipping Company S.A. - 2017 FC 893 - 2017-10-06

f) une demande d’indemnisation, fondée sur une convention relative au transport par navire de marchandises couvertes par un connaissement direct ou devant en faire l’objet, pour la perte ou l’avarie de marchandises en cours de route;   [...]  [46] First, Prudential deals with a completely different legislative scheme as the matter under consideration related to air law, not maritime law.