7,644 result(s)
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7,476.
Walsh v. Canada (Attorney General) - 2017 FC 451 - 2017-05-08
Federal Court DecisionsHe also contends that the duty of procedural fairness owed to him by the Commission was breached in various ways. [...] [10] As that restriction was lifted in October 2012, the Commission first thought there was no need to deal with the Applicant’s complaint.
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7,477.
Responsive Brands Inc. v. 2248003 Ontario Inc. - 2016 FC 355 - 2016-03-30
Federal Court Decisions[2] An Order to bifurcate the liability and damages aspects of the action was issued prior to commencement of the trial, so these reasons deal only with the issue of liability. [...] (4) L’emploi d’un nom commercial crée de la confusion avec une marque de commerce, lorsque l’emploi des deux dans la même région serait susceptible de faire conclure que les produits liés à l’entreprise poursuivie sous ce nom et les produits liés à cette marque sont fabriqués, vendus, donnés à bail ou loués, ou que les
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7,478.
Yansane v. Canada (Citizenship and Immigration) - 2016 FC 277 - 2016-03-03
Federal Court Decisions[19] ...By exception, a direction is appropriate where it is required to guide the parties or the Registry in matters of procedure, or to deal with a matter to which the parties have consented or that for other reasons may reasonably be considered not to be controversial. [...] e. Denial of Fair Public Trial Although the constitution and law provide for the judiciary's independence, judicial authorities routinely deferred to executive authorities in politically sensitive cases.
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7,479.
Ajaj v. Canada (Citizenship and Immigration) - 2015 FC 928 - 2015-07-28
Federal Court DecisionsThe RAD found that the RPD had engaged in a thoughtful and fair assessment of the genuineness of Mr. Ajaj’s conversion, and that it was open to the RPD to review Mr. Ajaj’s Christian knowledge to determine the credibility of his allegations of conversion. [...] Furthermore, the RAD observed that the RPD’s findings regarding the genuineness of Mr. Ajaj’s Christian conversion were not based solely on his lack of Christian knowledge, but also on the fact that he did not attend church at Christmas because he did not know it was a big deal to go to church.
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7,480.
Fournier Pharma Inc. v. Canada (Health) - 2013 FC 862 - 2013-08-12
Federal Court DecisionsCounsel contended that paragraph 1 of the subsequent Reasons for Order and Order dated September 25, 2012, makes it clear that the Costs Order only deals with the eight issues in dispute between the parties, those issues enumerated in the Costs Order. [...] Fournier submits a more fair and reasonable approach would be to limit the assessment of Sandoz’ travel fees such that one counsel be entitled to one general meeting with an expert, and then once more for defending that expert’s cross-examination.
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7,481.
El Thaher v. Canada (Citizenship and Immigration) - 2012 FC 1439 - 2012-12-06
Federal Court Decisions• A letter from the Applicant’s employer praising his work with people who are dealing with homelessness, mental health problems, and addictions; [...] The facts of the present case are fairly typical in the sense that Ms. Davoudifar has developed personal and community ties and has gained the respect of many people, and it is obvious to anyone that she would be far happier and better off in Canada, and that those she loves and supports would also be happier and better off
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7,482.
Canada (Citizenship and Immigration) v. B157 - 2010 FC 1314 - 2010-12-20
Federal Court DecisionsMembers of that Division have a lot more expertise than this Court in these matters, and they deal with those issues on a daily basis. [...] While it is not entirely clear what further evidence the Respondent could have adduced in reply to such an argument, it is nevertheless an important matter of procedural fairness; the Court should not rule on judicial review with respect to an argument that was not made before the decision maker, and the Member can
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7,483.
Abbott Laboratories v. Canada (Health) - 2008 FC 352 - 2008-03-18
Federal Court Decisions[...] [29] This appeal deals with the propriety of a patent listing. [...] first party attempts to assert a claim which could have been resolved in an earlier case, such situations will be fairly rare in NOC proceedings for the reasons I have earlier stated – most notably because it is the generic’s NOA followed by the exchange of evidence that will determine the justiciable issues in each case.
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7,484.
YM (Sales)Inc. v. Canada (Foreign Affairs and International Trade Canada) - 2008 FC 78 - 2008-01-22
Federal Court DecisionsObviously the statute leaves the Minister a good deal of choice as to what procedures he applies for making this determination. [...] But at a minimum, it should be demonstrable that the decision was taken with a fair regard to the materials before the Minister and that he should not decide it on the basis of irrelevant considerations.
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7,485.
Sanofi-Aventis Canada Inc. v. Canada (Health) - 2007 FC 545 - 2007-05-24
Federal Court DecisionsWhile not specifically dealing with the jurisprudence on administrative decisions not supporting an addition to the Register, it received indirect favorable comment from Justice Binnie who wrote the Court’s reasons, (see paragraphs 5 and 19). [...] (3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d’avis de conformité
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7,486.
Gordon v. Canada - 2007 FC 253 - 2007-03-06
Federal Court Decisions[14] Justice Sharlow of the Federal Court of Appeal in Harris v. R., [2001] 2 C.T.C. 148 (F.C.A.), when dealing with subsection 241(3) of the Income Tax Act stated at page 153: [...] The principles of fairness generally would require this procedure as these third parties may have rights or interests affected by the Minister's decision to disclose.
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7,487.
Thériault v. Canada (Attorney General) - 2006 FC 1070 - 2006-09-08
Federal Court Decisionsou la modifier s’il constate que les conclusions sur les faits ou l’interprétation du droit étaient erronées; il peut aussi le faire sur demande si l’auteur de la demande allègue que les conclusions sur les faits ou l’interprétation du droit étaient erronées ou si de nouveaux éléments de preuve lui sont présentés. [...] As in Moar, the Board was obliged, in my view, to make an explicit finding that this medical evidence in support of the applicant’s claim was not credible, or to solicit its own medical evidence dealing with the issue of a stress etiology, or to accept the uncontradicted evidence of the applicant in rendering its decision
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7,488.
Chu v. Canada (Citizenship and Immigration) - 2006 FC 893 - 2006-07-18
Federal Court Decisionsdid not give rise to a breach of procedural fairness or the extraordinary circumstances that are necessary to justify quashing a decision, as contemplated by the decision in Shirwa. [...] The IAD is a specialized tribunal in dealing with appeals under IRPA. The statutory purpose is to regulate the admission of persons into Canada.
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7,489.
Axa Canada Inc. v. Canada (National Revenue) - 2006 FC 17 - 2006-01-09
Federal Court Decisions23. (2) Sur recommandation du ministre compétent, le gouverneur en conseil peut faire remise de toutes taxes ou pénalités, ainsi que des intérêts afférents, s’il estime que leur perception ou leur exécution forcée est déraisonnable ou injuste ou que, d’une façon générale, l’intérêt public justifie la remise. [...] After some hard negotiating, we concluded the following deal with AXA CANADA in respect of our audit of management fees . . .
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7,490.
Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée. - 2003 FCT 103 - 2003-01-30
Federal Court Decisionsc) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés . . . [...] [99] I will deal with each of these grounds. [100] Paragraphs 12(1)(d) and 18(1)(a) of the Act indicate that registration of a trade mark is invalid if the mark creates confusion with a registered trade mark:
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7,491.
Luliang v. Canada (Minister of Citizenship and Immigration) - 1999-09-20
Federal Court DecisionsThe portion of particular relevance is the section dealing with Education and Training: [...] un emploi dans une profession désignée et est disposé à le faire, e) d'après les renseignements fournis par le service national de
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7,492.
Moffat v. Canada (Citizenship and Immigration) - 2019 FC 896 - 2019-07-05
Federal Court Decisions[47] There remains an issue as to whether the above test may be applied by administrative tribunals dealing with expert evidence. [...] Instead, the matter was decided on the basis of fairness principles, namely whether or not there was a reasonable apprehension that the decision-maker was biased. [...] [121] It is fair to conclude that medical experts retained by counsel have had their way with little constraint in the content and nature of the medical and psychological reports filed in refugee matters.
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7,493.
Turp v. Canada (Foreign Affairs) - 2018 FC 12 - 2018-01-09
Federal Court Decisions• j) An article from the Globe and Mail dated July 28, 2017, entitled “Saudi Arabia appears to be deploying Canadianmade armoured vehicles against its own citizens” and an article from CBC News dated July 28, 2017, entitled “Ottawa ready to review Saudi arms deals amid crackdown” (Exhibit J) – in reference to the facts [...] On the contrary, “[t]he power to strike out claims that have no reasonable prospect of success is a valuable housekeeping measure essential to effective and fair litigation. [...] [58] However, the Court found that the applicant could not raise procedural fairness issues, which includes the issues raised by the applicant regarding procedural errors and the Minister’s closed mind (Turp FC at paragraphs 31–32).
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7,494.
Shire Canada Inc. v. Apotex Inc. - 2016 FC 382 - 2016-04-07
Federal Court DecisionsThe public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably: Free World Trust at para 51. [...] I summarize them here and deal with each in detail below: a) Whether the blood plasma concentration on the Y-axis of Figure 7 refers to total amphetamine (meaning d-amphetamine and l-amphetamine) or just d-amphetamine. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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7,495.
Caterpillar Inc. v. Puma SE - 2021 FC 974 - 2021-09-22
Federal Court DecisionsNotwithstanding the pre-2017 legal statement, the Wetherald affidavit evidences sales of both CAT footwear and headgear in Canada as early as 2000 under Caterpillar’s control, with fairly substantial sales from then until 2017. [...] 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 [...] In response to a requested undertaking, Mr. Beaupre clarified that Wolverine deals directly with its retailers, including online retailers.
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7,496.
Tippett v. Canada - 2019 FC 869 - 2019-06-26
Federal Court Decisions(i) would fairly and adequately represent the interests of the class, [...] [82] The Defendant argues that the Plaintiff’s allegation of systemic negligence underlying the proposed class proceeding will require a great deal of pre-trial production and discovery work, which would be unnecessary if his allegation instead focused upon the actions of the Alleged Abuser and vicarious liability on the [...] These comments on the plan may be fair. However, the requirement is that the representative plaintiff has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and notifying class members as to how the proceeding is progressing.
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7,497.
Rozas del Solar v. Canada (Citizenship and Immigration) - 2018 FC 1145 - 2018-12-28
Federal Court Decisions[58] Sections 110 and 111, reproduced above, deal with appeals from the RPD to the RAD. Subject to my comments with respect to paragraph 111(2)(b), I generally agree with the RAD’s finding that neither section 110 nor 111, nor the legislation as a whole, point to the need to show deference to the RPD’s findings of fact. [...] [58] First, Re: Sound was decided on the basis of procedural fairness, and does not provide for correctness with some deference as a standard. [...] [27] On the record before us, I conclude that there is a strong connection between the ability to see the face of a witness and a fair trial.
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7,498.
Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca) - 2015 FC 18 - 2015-01-07
Federal Court DecisionsIf so, what remedy or remedies are fair and available to the Defendants as a result of that infringement? [...] It is his opinion that the financial statements tendered into evidence present the financial position and operations of the Plaintiff fairly. [...] [100] The evidence before me shows that the Plaintiff’s redtag metatags allegedly copied by the Defendants were substantially derived from a list of Google key words which are then incorporated into short phrases descriptive of travel industry types of travel, locations, and discounts or deals for consumers.
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7,499.
Canada v. Delta Pride (The) - 2003 FCT 11 - 2003-01-13
Federal Court Decisions[39] When dealing with breakwaters, the primary concern was safety, both navigational and public. [...] He was totally fair when giving his evidence and he recanted, or at least softened, a previous statement. [...] (a) The breakwater was constructed in 1977 and by 1987 required fairly extensive work.
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7,500.
Rebel News Network Ltd. v. Canada (Elections) - 2023 FC 1650 - 2023-12-07
Federal Court DecisionsHowever, it endorsed spending limits as an essential means of promoting fairness in referenda and elections (Harper at para 61). [...] The overarching objective of the regime is to promote electoral fairness by creating equality in the political discourse. [...] The advancement of equality and fairness in elections ultimately encourages public confidence in the electoral system.