7,653 result(s)
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7,576.
Vidéotron Ltée v. Konek Technologies Inc. - 2023 FC 741 - 2023-05-26
Federal Court DecisionsIn all fairness, the plaintiffs would not be able to seek an injunction if the alleged copyright infringement stemmed from their refusal to grant such a licence. [...] [107] There is little case law dealing with the application of subsection 38.1(3) to electronic means of communication, and there are no decisions that support a requirement of simultaneity. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent;
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7,577.
Pfizer Canada Inc. v. Canada (Minister of Health) - 2005 FC 1205 - 2005-09-28
Federal Court Decisionsb. Adherence to the language of the claims in turn promotes both fairness and predictability. [...] 198. Q. Then the next section deals with density testing? A. Right [...] 208. Q. Then the next section deals with Karl Fisher analysis, KF? A. Correct
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7,578.
Canadian Parks and Wilderness Society v. Copps - 2001 FCT 1123 - 2001-10-16
Federal Court DecisionsThe leading case dealing with sections 15 and 16 of the Act [the "scoping" authority] is a decision of this Court in Friends of the West Country Association v. Canada (Minister of Fisheries and Oceans). [...] This is not an unusual situation as national policy guidelines and regulatory statutes seldom are formed to deal with circumstances unique to a specific location. [...] (2) Les terres domaniales situées dans un parc sur lesquelles des droits réels ou intérêts ont été concédés en vertu du présent article continuent à faire partie du parc et, dès qu'elles cessent de servir aux fins visées par la concession, ces terres -- ou les droits réels ou intérêts concédés sur elles -- retournent à la
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7,579.
Apotex Inc. v. AstraZeneca Canada Inc. - 2018 FC 181 - 2018-02-15
Federal Court Decisions[27] Apotex also notes that the SCC never addressed the issues of novelty (or anticipation) and inventiveness (or obviousness), which the FCA had found unnecessary to deal with. [...] Doing so, it argues, would upset the balance that the Regulations are intended to strike between the protection of patent rights and the desire to reduce health care costs by permitting fair competition in the pharmaceutical market.
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7,580.
Eli Lilly Canada Inc. v. Canada (Attorney General) - 2014 FC 152 - 2013-12-04
Federal Court Decisions[...] 48. [...] In Catnic, as in the earlier case law, the scope of the monopoly remains a function of the written claims but, as before, flexibility and fairness is achieved by differentiating the essential features ("the pith and marrow") from the unessential, based on a knowledgeable reading of the whole specification [...] The Court was dealing with a patent directed to dosages and made it clear that even if a patent claim could be construed so as to include a certain dosage that did not mean that the claim would satisfy the requirements of the Regulations:
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7,581.
Yeager v. Canada (National Parole Board) - 2008 FC 113 - 2008-01-29
Federal Court Decisions4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande : [...] [12] ... personal information as defined in section 3 of the Privacy Act means information relating to an individual whether it be his race, colour, religion, personal record, opinions, etc. ... paragraph 3(c), which deals with identifying numbers, symbols or other particulars, limits such particulars to the individual...
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7,582.
Boroumand v. Canada (Citizenship and Immigration) - 2007 FC 1219 - 2007-11-21
Federal Court DecisionsIt is also objectively documented that Iran has strict policies with respect to drug-related offences and that the judiciary has had a “free hand” to deal with drug traffickers. [...] reasons for decision as a whole were simply inadequate given the significance of the decision to the Applicant, where the standard of review would be correctness given that the adequacy of reasons is a matter of fairness or natural justice[6], I am satisfied that the decision under review was made in reviewable error.
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7,583.
Abbott Laboratories Ltd. v. Canada (Minister of Health) - 2005 FC 989 - 2005-07-15
Federal Court Decisions[45] Abbott says that subsection 6(8) deals with the obligation of a party receiving information pursuant to subsection 6(7) to treat it confidentially. [...] (b) The salutary effects of the Order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings.
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7,584.
Imperial Tobacco Canada Ltd. v. Canada (Minister of Health) - 2004 FC 236 - 2004-02-16
Federal Court Decisions[16] Various subsequent subsections deal with the content of the report, how sampling is to take place, methods and conditions for the collection of data and when the report is to be submitted. [...] ¶ 22 I also rely upon s. 10 of the Interpretation Act, R.S.O. 1980, c. 219, which provides that every Act "shall be deemed to be remedial" and directs that every Act shall "receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true
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7,585.
Diageo Canada Inc. v. Heaven Hill Distilleries, Inc. - 2017 FC 571 - 2017-06-12
Federal Court Decisions[3] An Order dated July 16, 2015, to bifurcate the liability and damages aspects of this action [the Bifurcation Order] was issued prior to commencement of the trial, so these reasons deal only with the Liability Issues as defined and stated in the Bifurcation Order. [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés; [...] ...you must deal with the ordinary man and woman who would take ordinary care in purchasing what goods they require, and, if desiring a particular brand, would take ordinary precautions to see that they get it.
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7,586.
Conseil des innus de Ekuanitshit c. Canada (Procureur général) - 2013 FC 418 - 2013-04-23
Federal Court DecisionsThis is clearly a question dealing with “weighing the significance of the evidence and conclusions drawn from that evidence including the significance of an environmental effect”. [...] A fair amount of information already existed on the Applicant’s use of the land in the Project area (i.e. Comtois study and those of Hydro-Québec for La Romaine). [...] b.1) de faire en sorte que les autorités responsables s’acquittent de leurs obligations afin d’éviter tout double emploi dans le processus d’évaluation environnementale;
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7,587.
Wenzel Downhole Tools Ltd. v. National-Oilwell Canada Ltd. - 2011 FC 1323 - 2011-11-29
Federal Court DecisionsIn the section of these Reasons dealing with obviousness (beginning at paragraph 147), I discuss the differences between a core barrel (as presented by the Defendants) and the '630 Patent bearing assembly. [...] [102] This conclusion is supported by Mr. Thicke’s testimony that it would be fairly straightforward to turn the 3103 assembly into the '630 Patent by flattening the shoulders. [...] In cross-examination, Mr. Nelson stated that the '630 design could accept a “fairly large radial load”.
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7,588.
Skibsted v. Canada (Environment and Climate Change) - 2021 FC 416 - 2021-05-10
Federal Court Decisions[104] It is correct that case law regarding what constitutes a “demand” suggests a fairly low threshold. [...] [121] The Respondents emphasise that because the Bank Swallow’s range is across Canada that a great deal of data gathering and consultation with other jurisdictions and interested parties is required. [...] As previously mentioned, the determination of whether a delay is inordinate is not based on the length of the delay alone, but on contextual factors, including the nature of the various rights at stake in the proceedings, in the attempt to determine whether the community’s sense of fairness would be offended by the delay.
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7,589.
Robinson v. Canada (Attorney General) - 2019 FC 876 - 2019-06-28
Federal Court Decisions[23] Several preliminary matters must be addressed before dealing with the main issue in dispute in Mr. Robinson’s motion. [...] [101] The AGC’s response to Mr. Robinson’s allegations of harm is fairly succinct and generic. [...] The just and equitable resolution of his motion also requires that Mr. Robinson uses all the options at his disposal to ensure that this matter proceeds in a fair, expeditious and efficient manner.
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7,590.
Demaria v. Canada (Citizenship and Immigration) - 2019 FC 489 - 2019-04-18
Federal Court DecisionsMr. DaSilva, who was acquitted, spoke with the Applicant about financial dealings. [...] This evidence was challenged, but the panel was not presented with any evidence to challenge the fairness or the integrity of the Italian justice system. [...] [116] I think it only fair to quote what the Applicant has to say on the family issue in full because the Respondent has provided no real answer to the issues raised:
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7,591.
Gilead Sciences, Inc. v. Canada (Health) - 2016 FC 857 - 2016-08-23
Federal Court DecisionsI consider Apotex’s objections neither fair nor accurate. First, Gilead management was comprised of accomplished scientists. [...] [86] Because I find there was no disclosure of tenofovir disoproxil in the EP 214 application, I need not deal with enablement. [...] The courts, however, have long held that the minimum requirements for utility under the Act are fairly forgiving.
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7,592.
Professional Institute of the Public Service of Canada v. Canada (Attorney General) - 2015 FC 1101 - 2015-09-22
Federal Court Decisions[13] The Standard describes its objectives as: to ensure that government security screening practices are effective, efficient, rigorous, consistent and fair, and to enable greater transferability of security screening results between agencies and departments. [...] [56] Abuse of discretion is a basis for Courts to review the exercise of administrative discretion on the grounds of legality, reasonableness and fairness (Canada (Attorney General) v TeleZone Inc, 2010 SCC 62 at para 24, [2010] 3 SCR 585; Dunsmuir v New Brunswick, 2008 SCC 9 at para 28, [2008] 1 SCR 190). [...] Those with Reliability status perform duties and activities which could give them access to a great deal of information that is provided and retained for a range of government programs.
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7,593.
Bear v. Canada (Attorney General) - 2001 FCT 1192 - 2001-11-01
Federal Court DecisionsMinister Benson also opined that it would be "very dangerous to move from determination of income as it is under the Income Tax Act", noting that "it has taken a good deal of time and jurisprudence to determine what is income under that Act." He then stated: [...] There are only two provisions in the Bill of Rights which are not duplicated by the Charter: subsection 1(a), the due process clause, and subsection 2(e), the guarantee of a fair hearing for the determination of rights and obligations. [...] The subject is a fair hearing. The Bill liveth. There is nothing particularly relevant to Ms. Bear's case in Prof.
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7,594.
Alcon Canada Inc. v. Apotex Inc. - 2014 FC 699 - 2014-08-08
Federal Court DecisionsApotex notes that the Plavix test does not require a prediction with certainty but with a fair expectation of success. [...] [416] Dr Mittag and Dr Wolff indicated that the POSITA would expect or know that there would be a fair chance of success that travoprost would have acceptable therapeutic profile. [...] The ‘417 plus Woodward provide the motivation to find the solution with a fair expectation of success that travoprost would be useful to treat glaucoma with an acceptable therapeutic profile.
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7,595.
AstraZeneca Canada Inc. v. Apotex inc. - 2014 FC 638 - 2014-07-02
Federal Court DecisionsYou don't have separate sections dealing with the promise of claims 9 to 24 or the promise of claims 25 to 29. [...] While new uses can be of tremendous importance (see AZT), such seemingly sparse patents would fairly raise concerns for the court when evaluating the bargain between innovators and the public. [...] He has large clinical practice dealing with more complex gastro oesophageal reflux disease (GERD) cases.
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7,596.
Sanofi-Aventis Canada Inc. v. Teva Canada Limited - 2012 FC 552 - 2012-05-23
Federal Court DecisionsI might as well sit back and get the free information that's there and deal with it. [...] [250] The second aspect of Sanofi’s motion deals with the “Duplicate Ramp-up adjustment” that first appeared in Ms. Loomer’s Responding Report. [...] Significantly, Ms. Loomer noted that her prices were “fairly in line with Mr. Hamilton” and that “pricing is not the culprit in terms of overall difference”.
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7,597.
Eli Lilly Canada Inc. v. Novopharm Limited - 2011 FC 1288 - 2011-11-10
Federal Court DecisionsAs he said, “the problem in dealing with very small samples is there is no fair way to do it; there [are] just different ways of skewing it” (Transcript, Vol 11-AM, pp 153-4, lines 25, 1-2). [...] • olanzapine’s therapeutic effect appeared at fairly low doses, but not lower than flumezapine’s; [...] [245] There was early evidence showing that olanzapine’s prolactin liability was fairly low.
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7,598.
Okolo v. Canada (Citizenship and Immigration) - 2021 FC 1100 - 2021-10-19
Federal Court DecisionsSimilarly, it did not accept his explanation that his legal counsel had advised him that he need not appear for his trial as the matter was not a big deal because it was only an accident. [...] Further, this Court has held in Kreishan v Canada (Citizenship and Immigration), 2018 FC 481 at paras 80-83; aff’d in 2019 FCA 223, that the relief in Freitas was exceptional, discretionary relief granted due to procedural fairness concerns which was not the circumstance in Kreishan, where the applicant had a hearing before
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7,599.
Quality Program Services Inc. v. Canada - 2018 FC 971 - 2018-10-04
Federal Court Decisions(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 [...] Section 6(3) deals with trade-mark confusion with a trade-name and 6(4) with trade-name confusion with a trade-mark.
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7,600.
UCANU Manufacturing Corp. v. Defence Construction Canada - 2015 FC 1001 - 2015-08-24
Federal Court DecisionsI am satisfied that to allow those Boards to do so would contravene the spirit, if not the letter, of the Access Act and deny fairness to the Applicant. [...] judicial review stage any exemption that might apply under the ATIA. However, I find this case distinguishable as it deals with a very specific set of circumstances where at earlier stages of the process there had not been any consideration given to the application of the ATIA and which exemptions might apply thereunder.