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Wolf Lake First Nation v. Young - 1997-04-28

For reasons which will soon become obvious, I will deal with each decision in its turn.   [...]  Furthermore, if the tribunal has failed to dispose of an issue which is fairly raised by the proceedings and of which the tribunal is empowered by its enabling statute to dispose, it ought to be allowed to complete its statutory task.

Vilven v. Air Canada - 2009 FC 367 - 2009-04-09

It does, however, create a discrete and specialized administrative regime to deal with complaints of discrimination at the federal level.   [...]  As a consequence, I will deal with the applicants’ argument. [130] Although I agree with Messrs.   [...]  As a consequence, I will deal only briefly with this issue. [254] Equality is inherently a comparative concept.

Merck Sharp & Dohme Corp. v. Pharmascience Inc. - 2022 FC 417 - 2022-04-11

[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.   [...]  [107] Indeed, each of Drs. Foley and Lewanczuk provided useful insight as to the skilled clinician’s understanding of those portions of the 400 Patent dealing with the use of the monohydrate.

Arterra Wines Canada, Inc. v. Diageo North America, Inc. - 2020 FC 508 - 2020-04-09

Regarding THE NAKED RUM CO. mentioned above, which is an integral part of the design mark THE NAKED TURTLE – front label, I am of the view that there is a great deal of similarity in terms of the degree of resemblance with NAKED GRAPE, such that it enhances the overall degree of resemblance between these two trademarks   [...]  (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   [...]  (3) L’emploi d’une marque de commerce crée de la confusion avec un nom commercial, lorsque l’emploi des deux dans la même région serait susceptible de faire conclure que les produits liés à cette marque et les produits liés à l’entreprise poursuivie sous ce nom sont fabriqués, vendus, donnés à bail ou loués, ou que les

Alcon Canada Inc. v. Apotex Inc. - 2014 FC 791 - 2014-08-25

[217] Alcon also argues that the reliance on McCarthy is misplaced as it teaches reactions regarding the precipitation of salts, whereas the ‘370 deals with ions in solution.   [...]  Apotex notes that the “obvious to try” branch of the Plavix test demands that there is a reasonable or fair expectation of success and that there was no such expectation.   [...]  [423] The third element -- proper disclosure -- has been the subject of a great deal of jurisprudence.

Innu Nation Inc. v. Canada (Crown-Indigenous Relations) - 2024 FC 896 - 2024-06-12

He also confirmed that it was fair to say that Canada has never told NCC that it is not welcome to submit another claim.   [...]  However, Canada is not free to discuss the possibility of implementing rights for a settler group on Innu lands before dealing with the protection for our rights to lands and waters Innu have occupied for thousands of years.   [...]  Innu Nation has spent a great deal of time and money to vindicate our rights through the treaty process.

Perreault v. Canada (Foreign Affairs) - 2023 FC 1051 - 2023-07-31

[12] In dealing with complaint nos. 3218-01044 and 5821-01172, Global Affairs reviewed the application of certain exemptions in the disclosure of May 21, 2021.   [...]  We think the de novo hearing is a better opportunity to revisit procedural fairness concerns that may have occurred during the course of the investigation on three levels.   [...]  It is not necessarily a question of reading down but rather of determining whether, on a fair reading of section 44.1 of the Act, that provision is limited to undertaking a de novo review solely with respect to the question of whether the head of the government institution was authorized to refuse disclosure; to that

Photocure ASA v. Canada (Health) - 2015 FC 959 - 2015-08-10

The respondent submits that the issue is not one of procedural fairness; the evidence does not provide general background to assist the court in understanding the issues on the judicial review and there was ample evidence on the record for the decision to be made, therefore the affidavit does not highlight the lack of   [...]  [54] Photocure argues that once the issue is understood as the proper interpretation of “innovative drug” and “medicinal ingredient,” it is clear that Dr Wuest’s affidavit does not opine on the legal question that the Court must now deal with but does provide helpful background on matters of science.   [...]  [73] In Ochapowace First Nation the Court of Appeal noted two exceptions to the general rule: where the evidence was introduced to support an argument going to procedural fairness or jurisdiction; and, where the material is considered general background information that would assist the Court.

Teva Canada Limited v. Canada (Health) - 2011 FC 507 - 2011-05-02

After providing procedural fairness to Sanofi, in June 2010, the Minister rejected Teva’s request on a finding that no error in law had been made.   [...]  In my opinion this statement is not relevant to the present Application because it deals with an issue that is not directly in play.   [...]  b) le praticien a consenti à (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

Sanofi-Aventis Canada v. Apotex Inc. - 2009 FC 676 - 2009-06-29

Fifteen days of the trial consisted of evidence dealing with the infringement and validity issues.   [...]  Common sense and fair play would tell me that Schering ought to have disclosed the catalytic hydrogenation method that its scientists had actually used to synthesize SCH 31924 and SCH 31925.   [...]  Double patenting only applies when dealing with the same person getting two or more patents.

Excalibre Oil Tools Ltd v. Advantage Products Inc. - 2016 FC 1279 - 2016-11-17

He has authored, individually or jointly, more than 14 articles dealing with various aspects of PC Pump applications.   [...]  2. Adherence to the language of the claims in turn promotes both fairness and predictability.   [...]  a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services

Vachon Bakery Inc. v. Racioppo - 2021 FC 308 - 2021-04-09

There was not a great deal of detailed evidence with respect to these American rights, but defendants’ counsel described them in terms that suggested a parallel to those then owned by Saputo Bakery in Canada.   [...]  The additional graphic elements of the defendants’ mark add somewhat to the inherent distinctiveness of the trademark, although this is a fairly minimal effect given the nature of those graphic elements and the centrality of the word in the mark.   [...]  However, in the absence of any legal relationship, and in the absence of any indication Saputo Bakery knew it was dealing with the defendants, I cannot conclude the defendants can treat Mr. Ettedgui’s statements as representations to them.

Hidden Bench Vineyards & Winery Inc. v. Locust Lane Estate Winery Corp. - 2021 FC 156 - 2021-02-17

.... c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés   [...]  At issue are BMW’s automobiles, parts and accessories and, as such, we are dealing with wares, not services.