7,645 result(s)
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7,426.
Glaxo Group Ltd. v. Canada (Minister National Heath and Welfare) - 1998-03-25
Federal Court DecisionsIn the instant case, we are not dealing with procedural regulations per se. [...] More important still it does not say that everything in the Regulations deals with vested rights. [...] Furthermore, there is nothing retrospective whatever about the provision that I have to deal with.
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7,427.
Mui v. Canada (Minister of Citizenship and Immigration) - 1998-03-20
Federal Court DecisionsI will deal at the end of the reasons with the submissions that were made concerning two affidavits, the admissibility of which is challenged. [...] In any event, in order to ensure fairness, the applicant's application should be referred back for reassessment by another officer. [...] With respect to the affidavit of Priscilla Lee, portions of that affidavit are irrelevant, some of it would have been better coming directly from Mr. Mui, as within his personal knowledge, and there is a great deal of hearsay in the affidavit.
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7,428.
Schering Canada Inc. v. Apotex Inc. - 1998-03-20
Federal Court Decisions480 patent makes a reference in its disclosure to the patent which issued from -- or at least one of the patents; I don't know if it was the only one -- the 160,795 patent, it is relevant in assessing the argument as to what the 480 patent signifies and the extent to which it does deal with obviousness or not obviousness. [...] If you have some questions that arise out of these documents, that is fair game.
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7,429.
Granger v. Canada (Conseil du Trésor) - 1998-03-19
Federal Court DecisionsThe Supreme Court of Canada has held that the theory of legitimate expectation is in fact a rule of procedural fairness.25 The other cases cited by the parties are to the same effect.26 Neither the evidence nor the interpretation of the provisions of the compensation plan have satisfied me that there was an express [...] (i) a provision of a statute, or of a regulation, by-law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or (ii) a provision of a collective agreement or an arbitral award, or
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7,430.
Tsawwassen Indian Band v. Canada (Minister of Finance) - 1998-03-19
Federal Court Decisions[. . .] [47] Section 5 deals with projects requiring environmental assessment. [...] [. . .] [50] Section 48 deals with the referral of a project to a mediator or a review panel. [...] Notre-Dame de Bon-Secours5, Mr. Justice Gonthier, in dealing with rules of construction, stated:
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7,431.
Ab Capital Corporation v. Canada (Minister of Citizenship and Immigration) - 1998-03-18
Federal Court DecisionsThis is quite obvious when one reads, for example, paragraphs 46 and 47 where Mr. Webber deals with the affidavits of Brian Rogers and Marlene Bell. [...] However, they must adduce some evidence to convince me that it would be fair in the circumstances to allow them to add a further ground to their applications for judicial review.
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7,432.
Iordanov v. Canada (Minister of Citizenship and Immigration) - 1998-03-18
Federal Court Decisionsof evidence which can be presented at CRDD hearings: evidence which is specific to the applicant's claim and which corroborates the applicant's evidence and evidence which is general in form (documentary evidence) and does not specifically deal with the applicant's claim, but which generally deals with country conditions. [...] To deal with this issue, it is necessary to determine whether such an undertaking was made and whether the CRDD failed to fulfil its undertaking. [...] The tribunal fell short of its duty to be fair and to evince natural justice, by not even mentioning whether it did in fact view the video as promised, or even to say what it made of the video.
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7,433.
Bell Canada v. Communications, Energy and Paperworkers Union of Canada - 1998-03-17
Federal Court DecisionsIndeed "greater efficiency" and "economies of scale" are only sometimes productive of fairness and justice, and this appears not to be one of those instances. [...] In my view, this appeal can be entirely disposed of on jurisdictional and procedural grounds, and accordingly, I do not find it necessary or appropriate to deal with the correctness of the Canadian Human Rights Commission's interpretation of s. 11 of the Canadian Human Rights Act, S.C. 1976-77, c. 33. [...] That is a decision which the Commission made in defiance of the statute and of fairness: it ought not to have been made.
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7,434.
Cremco Supply Ltd. v. Canada Pipe Company - 1998-03-17
Federal Court Decisions[21] At this point it would be appropriate to deal with a submission by counsel for the Defendant that the Defendant may rely upon all of the scheduled documents without being specific as to what parts of those documents, which are neither lengthy nor complex, are relevant. [...] In the present instance, the patent at issue contains 26 pages of text and 3 pages of fairly detailed drawings. [...] This is at least a little to general and in one instance, American patent 224,403, fairly obviously is not the case.
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7,435.
Syed v. Canada (Minister of Citizenship and Immigration) - 1998-03-13
Federal Court DecisionsIn 1992 orthodox religious leaders warned his customers not to deal with him and he lost nearly half of the customers of his business. [...] That in itself may not be a fair assumption by the panel, but coupled with the absence in evidence of any corroborating letter from the applicant's wife, though one or more letters had been received by the applicant, in my view, left the tribunal without any corroborating evidence at all concerning the death of the doctor
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7,436.
Jacobs v. Canada (Minister of Citizenship and Immigration) - 1998-03-12
Federal Court DecisionsI will deal with the three interim reliefs that are sought in order. [8] The first is an order to stay a detention hearing scheduled for this morning, that is for an hour that preceded the hour at which this hearing took place. [...] Once again, I find it difficult to understand how Mr. Jacobs, in the circumstances attested to in his affidavit can wish for other than a full and fair opportunity, I emphasize full and fair, to present the case why he should not be ordered removed from Canada. [...] Quite frankly, on the basis of the material before me, I conclude that quite the opposite is the case, assuming once again that the inquiry will be both full and fair.
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7,437.
Kimberly-Clark Canada Inc. v. Canada - 1998-03-12
Federal Court DecisionsThis suggests that "cosmetics" means those articles, etc., designed for toilet use that are so used in the French sense of, faire sa toilette which is the series of ablutions and attentions brought to one"s body prior to dressing up for one"s daily occupations. [...] [25] It is abundantly clear that this case and the CIP case both deal with whether facial tissue is a cosmetic and that the definitions are the same. [...] By 1927, Kleenex had been directly identified in advertising as a replacement for the handkerchief in dealing with the symptoms of colds.
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7,438.
Cooper Industries Inc. v. Caplan Industries Inc. - 1998-03-11
Federal Court Decisions[2] The American Plaintiff, which holds a fairly recent patent, in Canada and in the United States, for a toggle activated blade-locking device for a spring-loaded retractable carpenter's tape measure, alleges infringement and seeks, among other things, injunctive relief and an accounting. [...] [8] Touching briefly on the issue of production of documents dealing with damages, the Plaintiff has now elected not to pursue damages as a remedy. [...] [10] It is clear what categories of documents have not been produced, including documents dealing with prior art, which the Defendant does not deny it has or did have.
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7,439.
Havana House Cigar & Tobacco Merchants Ltd. v. Naeini - 1998-03-09
Federal Court DecisionsThat line of authority deals with registered copyrights where the particulars are readily obtained from the registration. [...] It has, in my view, been fully established that the allegations in paras. 9(b) and 10(b) are frivolous and vexatious and may prejudice or embarrass a fair trial and constitute an abuse of the court. [...] To mention just several reasons, it is only fair that counsel for the Defendants have a full set of documents to consider in preparing for examination for discovery.
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7,440.
Larivière v. Ottawa Macdonald-Cartier International Airport Authority - 1998-03-06
Federal Court Decisions[34] It is trite law that the precise requirements of fairness vary with the circumstances of the particular case. [...] [36] I also agree with counsel that a more formalized system for dealing with airside vehicle operation infractions, such as that used at Toronto, Pearson Airport, has much to commend it. [...] The requirements of procedural fairness can be met even absent a structured "hearing" (Knight, supra).
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7,441.
Osei v. Canada (Minister of Citizenship and Immigration) - 1998-03-05
Federal Court Decisions[7] I find that the written reasons disclose a reviewable error of law in dealing with the objection made. [...] It is abundantly clear that by s. 67 of the Immigration Act that the CRDD does have jurisdiction to deal with the kind of objection made by Mr. Matas. [...] [8] I find the error made is highly significant to a fair hearing of Ms. Osei's case.
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7,442.
Herb Brown Builders Ltd. v. Canada - 1998-03-04
Federal Court Decisions9 another element of fairness in that set of facts. 10 Therefore, I am not deciding this as a [...] 14 country in terms of fairness and justice and these sort 15 of elements. [...] 14 You are not ready to deal with that 15 today? 16 MR. DECORE: It is not fair to my friend, sir.
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7,443.
Reid v. Canada (Attorney General) - 1998-03-04
Federal Court Decisions[2] I agree that much of the adjudicator's decision deals with factual findings and evidence relating to both the amount of time and the circumstances under which the applicant was engaged in new product review. [...] I think this can fairly be characterized as the misapprehension of a material fact even though the "fact" relates to the prospective conduct of the parties rather than to the disputed facts before the adjudicator.
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7,444.
Zhou v. Canada (Citizenship and Immigration) - 1998-03-02
Federal Court DecisionsBreach of Fairness: [9] The applicant claims that she was not given the opportunity to answer questions because of the Officer's attitude towards her English. [...] [13] The applicant submits that the Officer breached her duty of fairness when she misrepresented the purpose of the interview. [...] [22] In dealing with the grievances which do have some degree of merit, I must decide if individually or collectively, they are of a nature to invite the Court's intervention by way of judicial review.
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7,445.
Bourgault Industries Ltd. v. Flexi-Coil Ltd. - 1998-02-27
Federal Court DecisionsHe is a fully confident and candid person who obviously possesses a great deal of knowledge within his area of expertise. [...] [75] Between Mr. Bourgault and Mr. Hundeby a great deal of experimentation occurred before the two axis pivot on all packer coils was accepted. [...] The Court must look at the whole of the disclosure and claims to ascertain the nature of the invention, being neither benevolent or harsh, but seeking a construction which is reasonable and fair to both the patentee and the public.
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7,446.
Bonamy v. Canada (Correctional Service) - 1998-02-26
Federal Court Decisionsapplication to be transferred from the Grande Cache Institution in Alberta to the William Head Institution near Victoria, B.C. The applicant who represents himself in these proceedings describes the alleged error of the respondent as one of failure to observe principles of natural justice or procedural fairness. [...] However, there is no evidence of any breach of procedural fairness in the material filed. [...] In dealing with the one consideration which appears to be the real basis of the transfer application, "accessibility to the person's home community and family" the Board states:
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7,447.
Fibreco Pulp Inc. v. Star Dover (The) - 1998-02-26
Federal Court Decisions[2] The motions are vigorously contested, for the amounts at stake are large and it may be that if effect were given to the various jurisdictional possibilities the action would become difficult, if not impossible, to litigate either fairly or economically. [...] [13] The Bills of Lading issued for carriage aboard the Stephanie and the Veritas contain fairly skeletal conditions, each purporting to incorporate the provisions of an unidentified charter party. [...] Mr. Justice MacKay pointed out that Rules 1714, 1715 and 1716, dealing with joinder of causes of action, joinder of parties and the addition and removal of parties did not specifically provide for the joinder of issues in one action with issues in another where the parties to the two actions are not identical.
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7,448.
Ashton v. Canada (Minister of Citizenship and Immigration) - 1998-02-24
Federal Court DecisionsC. Procedural fairness [17] Mr. Ashton argues that the Minister"s delegate failed to observe a principle of procedural fairness in rendering the August 26, 1996 "danger" opinion because of the failure to give proper formal notice. [...] My lawyer said the Judge would not believe my story and I should cut the best deal possible. [...] Mr. Ashton indicates that he is aware that his involvement in drug use and dealing was wrong.
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7,449.
Muncan v. Canada (Minister of Citizenship and Immigration) - 1998-02-24
Federal Court Decisions[16] Regarding an application for a stay of a removal order under the Immigration Act, it seems to me that the issue is whether it is fair and just to grant it. [...] In dealing with the issue of jurisdiction, the Court stated the following: [...] So the deportation order ... is stayed ... until the applicant can have a fair and objective humanitarian and compassionate assessment of her situation.
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7,450.
Ackman v. Canada (Ministry of Labour) - 1998-02-20
Federal Court Decisions[25] After being advised of CFRY's response to his complaint, the Applicant requested that an adjudicator be appointed to deal with the case on August 1, 1996. [...] In terms of corrective measures it had gone as far as imposing a suspension in dealing with the absence in November. [...] Mr. Ackman did not take issue with the fairness of the suspension in his note of November 29, 1995.