7,644 result(s)
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7,501.
Janssen-Ortho Inc. v. Apotex Inc. - 2008 FC 744 - 2008-06-17
Federal Court DecisionsThis exercise is conducted in a purposive and not overly literal manner that is fair and reasonable to the patentee and the public. [...] (e) John J. Partridge has worked for the past 37 years in organic chemistry dealing with pharmaceuticals. [...] Dr. Kellogg, Apotex' witness, agreed that the ‘840 patent only deals with racemates.
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7,502.
Alcon Canada Inc. v. Cobalt Pharmaceuticals Company - 2014 FC 149 - 2014-02-14
Federal Court Decisions[6] The present application deals with the 0.2% concentration and was commenced on March 8, 2012. [...] [28] The 924 Patent also contains a number of examples, several of which provide results of experiments conducted by Alcon, which are more fully discussed in the section dealing with utility, below. [...] [167] Thus, viewed fairly, the evidence of both experts with respect to the 1300K grade PVP is not very different.
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7,503.
Delisle v. Canada (Attorney General) - 2006 FC 933 - 2006-07-28
Federal Court Decisions(i) faire part au fabricant de la drogue nouvelle et au Directeur général des résultats de l'usage de la drogue au cours de l'urgence, y compris les renseignements se rapportant à toute réaction défavorable qu'il aura observée, et [...] In my view, in dealing with legislation of this nature, the courts should, wherever possible, avoid a narrow, technical construction, and endeavour to make effective the legislative intent as applied to the administrative scheme involved. [...] ¶ 62 Where Canadian law parts company with the developing English law is the assertion, which lies at the heart of the Coughlan treatment of substantive fairness, of the centrality of the judicial role in regulating government policy.
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7,504.
Allard v. Canada - 2016 FC 236 - 2016-02-24
Federal Court Decisions[6] The Plaintiffs are four individuals, who have a medical requirement for marihuana to deal with certain physical conditions from which they suffer. [...] [159] The Plaintiffs state that a fair summary of his findings is that availability of medical marihuana from LPs is sporadic, with many either out of stock or not accepting new customers. [...] [112] Overbreadth deals with a law that is so broad in scope that it includes some conduct that bears no relation to its purpose.
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7,505.
Fiddler Enterprises Ltd. v. Allied Shipbuilders Ltd. - 2003 FCT 463 - 2003-04-17
Federal Court DecisionsIn this report, he deals with the possibility that the fire, which was described as an explosion and fireball, may have been caused by soot. [...] [147] A plaintiff meets the burden of proof as to the origin of a fire if the plaintiff produces evidence enabling a reasonable inference to be drawn as to the origin and excluding any other fair inference and a plaintiff must establish this on a balance of probabilities, as in any other civil action: see Elder v. Kingston [...] It is unnecessary for me to deal with the issue of damages. [175] The action is dismissed, with costs to the Defendant.
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7,506.
Matas v. Canada (Global Affairs) - 2024 FC 88 - 2024-01-23
Federal Court Decisions[21] Section 3 of the PA and subsection 19(1) of the ATIA therefore deal with information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing, information described in paragraphs (a) to (i) of section 3 of the PA. The information must be given a [...] e) communication à un organisme d’enquête déterminé par règlement et qui en fait la demande par écrit, en vue de faire respecter des lois fédérales ou provinciales ou pour la tenue d’enquêtes licites, pourvu que la demande précise les fins auxquelles les renseignements sont destinés et la nature des renseignements demandés;
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7,507.
Janssen Inc. v. Pharmascience Inc. - 2023 FC 1464 - 2023-11-02
Federal Court DecisionsIt is important for me to highlight though, that in my role as an Assessment Officer, I must avoid “stepping away from a position of neutrality to act as the litigant's advocate,” hence it is not my role to substitute absent submissions for a party due to procedural fairness (Dahl v Canada, 2007 FC 192 at para 2). [...] This being noted, I am also in agreement with Janssen regarding the importance of an expert’s experience in dealing with a specific area within a certain field of work.
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7,508.
Adelberg v. Canada - 2023 FC 252 - 2023-02-21
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] Pleadings should be drafted with sufficient clarity and precision so as to give the other party fair notice of the case they are required to meet and of the remedies being sought.
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7,509.
Cheung’s Bakery Products Ltd. v. Easywin Ltd. - 2023 FC 190 - 2023-02-08
Federal Court Decisions[32] The relevant dates can be found directly in the claimed grounds of invalidity, with the exception of paragraph 18(1)(d) which directs us to section 16 of the TMA which in turn deals with entitlement. [...] 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 produits liés à ces marques de commerce sont fabriqués, vendus, donnés à bail ou loués, ou que les services liés à ces
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7,510.
H-D U.S.A., LLC v. Varzari - 2021 FC 620 - 2021-06-17
Federal Court Decisionsto enter (electric bicycles); the continued infringement despite enforcement attempts by Harley-Davidson; the failure to respond to this litigation and thereby provide information relevant to the assessment of damages, prompting a negative inference; and the fairly high price point of the advertised electric bicycle. [...] selling, distributing, advertising, or otherwise dealing in goods or services in association with a trademark that is confusing with H-D USA, LLC’s registered trademarks TMA649,923; TMA640,988; TMA358,497, TMA528,480; and/or TMA980,318;
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7,511.
Srikanthan v. Canada (Citizenship and Immigration) - 2020 FC 403 - 2020-03-23
Federal Court DecisionsIn dealing with this issue, the RPD shows it is fully aware, and has taken into account, the difficulties that the Applicant might have in explaining himself in an unfamiliar environment: [...] [69] There is a significant amount of fairly recent case law in this Court that says it is reasonable for the RPD to draw a negative inference from the fact that a claimant was able to leave Sri Lanka using his or her own passport.
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7,512.
Kiflom v. Canada (Citizenship and Immigration) - 2020 FC 205 - 2020-02-05
Federal Court Decisions[27] There is a wealth of jurisprudence dealing with extensions of time under IRPA, or under the Federal Courts Act and Rules. [...] I come back again to the question of fairness. It is unfair for some counsel to be proceeding on the basis that barring unforeseen events the time limits must be met and for others to be assuming that all they need do is plead overwork, or some other controllable event, and they will be granted at least one extension of
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7,513.
Huang v. Canada (Citizenship and Immigration) - 2016 FC 163 - 2016-02-10
Federal Court Decisions107. (2) Si elle estime, en cas de rejet, qu’il n’a été présenté aucun élément de preuve crédible ou digne de foi sur lequel elle aurait pu fonder une décision favorable, la section doit faire état dans sa décision de l’absence de minimum de fondement de la demande. [...] [60] The Applicants argue that, when dealing with the sur place aspect of their claim, the Board simply relied upon its credibility finding related to China and provided no real assessment of the genuineness of the Principal Applicant’s Falun Gong faith as evidenced by his activities in Canada.
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7,514.
Ismailov v. Canada (Citizenship and Immigration) - 2015 FC 967 - 2015-08-13
Federal Court Decisions[8] After informing the Applicant that he should return the 3 billion Uzbeki soms or face 18 years in prison for his involvement with the company, the officer offered the Applicant a deal if he testified against Mr. Abdusalyamov in a manner to be stipulated by the officer. [...] Thus, the RAD breached procedural fairness by failing to take this highly material documentary evidence into consideration when assessing the RPD’s credibility findings.
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7,515.
Irshad v. Canada (Citizenship and Immigration) - 2013 FC 1205 - 2013-11-29
Federal Court DecisionsIn addition, the RPD raised the issue of the Applicant’s delay in claiming asylum in Canada despite dealing with this issue only “curtly” during the hearing, and despite the Applicant’s reasonable and plausible explanation for the delay. [...] [60] This is simply one instance of a discrepancy that is not explained and, in my view, it is fairly minor.
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7,516.
Fournier Pharma Inc. v. Canada (Health) - 2013 FC 863 - 2013-08-14
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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7,517.
Norris v. Matsqui First Nation - 2012 FC 1469 - 2012-12-12
Federal Court Decisions[65] It is sufficient to deal with this question by addressing the second assumption. [...] a) après avoir donné un avis convenable de son intention de ce faire, fixer les règles d’appartenance à ses effectifs;
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7,518.
Trejos v. Canada (Citizenship and Immigration) - 2011 FC 170 - 2011-02-11
Federal Court DecisionsThe panel also finds it contradictory to her claim of fear of Mr. Norris that she did not return to Quito, Ecuador, the metro area of which has a fair sized population of about 2 million, in which she can blend with reasonable precautions on keeping her phone numbers and address confidential or only with relatives she can [...] Aside from an Ombudsman for women and family issues, special police stations to deal with violence against women have been set up with offices in key areas of the country.
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7,519.
Apotex Inc. v. Sanofi-Aventis - 2010 FC 77 - 2010-01-22
Federal Court DecisionsHow that assumption will impact the case management of this matter will become apparent as I deal with the various aspects of these motions. [...] It is an affidavit and, unless and until the contrary is shown, it is to be taken as setting out what it alleges accurately and fairly and that is why provision is made in the Rules for a solicitor to instruct and advise the person preparing the affidavit as to his or her obligations”.
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7,520.
Ab Hassle v. Apotex Inc. - 2008 FC 184 - 2007-02-13
Federal Court Decisions97 The doctrines of issue estoppel, collateral attack and abuse of process comprehensively address the concerns that arise when finality in litigation must be balanced against fairness to a particular litigant. [...] [33] Apotex on these motions relies on the reasoning appearing at paragraph 8 of the same decision to argue that if the there are “changed circumstances” the Court has “inherent continuing jurisdiction” to revisit on earlier Order of the kind that deals with prohibition or an injunction:
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7,521.
Canada (Attorney General) v. Grover - 2007 FC 28 - 2007-01-16
Federal Court Decisions[6] Dr. Grover wrote to Dr. Arthur Carty, the President of NRC, to express his concern that “this arrangement is directly linked to my situation, and that Dr. Hackett has been sent to deal with me.” He closed his letter by saying, “The aggregate of these issues has caused me considerable stress.” (Exhibit G-6: Letter from [...] The Applicant apparently accepts that employers must show that they have reasonable and probable grounds to be concerned about a safety risk caused by the employee’s health; however, there is also a “procedural fairness” component as well.
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7,522.
Szebenyi v. Canada - 2006 FC 602 - 2006-05-15
Federal Court DecisionsThe accepted approach in dealing with this issue is the “two-step” approach set out by the House of Lords in Anns v. Merton London Borough Council, [1978] A.C. 728 (H.L.). [...] 102. ... In my view, it would not be just, fair and reasonable for the law of this land to impose a duty of care on those responsible for the administrative implementation of immigration policies of the kind which have been made in the case of the Plaintiff, absent evidence of bad faith, misfeasance, or abuse of process.
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7,523.
Pfizer Canada Inc. v. Novopharm Ltd. - 2004 FC 1633 - 2004-11-22
Federal Court DecisionsQ. Fair enough. Certainly, to have a completely positive identification, the C-13 NMR solid state and the x-ray powder diffraction should be consistent if it is the same material? [...] In Pfizer Canada Inc. v. Apotex Inc.,[27] dealing with an application similar to this in relation to the same patent, my colleague Justice Snider wrote at paragraph [32]:
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7,524.
Xie v. Canada (Minister of citizenship and immigration) - 2003 FC 1023 - 2003-09-04
Federal Court Decisions3. (1) Toute personne peut être extradée du Canada, en conformité avec la présente loi et tout accord applicable, à la demande d'un partenaire pour subir son procès dans le ressort de celui-ci, se faire infliger une peine ou y purger une peine si_: [...] As the offence described in paragraph 380(1)(a) of the Criminal Code is punishable by a maximum term of ten years, there is no need for me to deal with this distinction.
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7,525.
Nickerson v. Canada - 1999-05-05
Federal Court DecisionsNormally, the outer and inner faces of the sandwich laminate are to be faired into a solid laminate at the keel and sheerstrake. [...] [43] I will now deal with the plaintiff"s allegations which appear in paragraphs 16(a), 16(b) and 16(c) of the amended statement of claim.