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FCTD
Biogen Canada Inc. v. Taro Pharmaceuticals Inc., 2019 FC 942
These questions essentially seek production of transcripts of depositions given by certain witnesses in the course of judicial and administrative proceedings in the United States. [2] The Plaintiffs have objected to those questions on the basis that the Defendants’ questions are not relevant, do not constitute proper follow-up and contravene the implied undertaking rule or protective orders issued in the US proceedings. [3] The issues that require determination in respect of each category of questions are: 1) Whether the documents or information sought by the Defendants might constitute evidence of any unadmitted fact at issue in the actions, would contain information which may enable the Defendants to establish these facts, or would lead to such information enabling the Defendants to establish these facts. 2) Whether the questions constitute proper follow-up, that is, whether the questions arise from new information provided or documents delivered after the initial discovery, either through answers to undertakings or answers to questions initially objected to. 3) Whether production of the documents requested would breach any applicable protective order or any implied undertaking rule, such that the Court should decline to order the Plaintiffs to answer them. ...
FCTD
Industria De Diseno Textil, S.A. v. Zara Natural Stones Inc., 2019 FC 1082
On November 27, 2014, the Board held a hearing, which both parties attended. [8] On January 19, 2015, the Board rejected Industria’s opposition against the Design Mark. [9] The Board first recognized Natural Stones’ burden to show that its application does not contravene the provisions of the Act as alleged in the statement of opposition, and also recognized Industria’s initial evidential burden to prove the facts inherent to its pleadings. ...
FCTD
Petline Insurance Company v. Trupanion Brokers Ontario Inc., 2019 FC 1450
Offence and punishment Infraction et peine (5) Any person who contravenes subsection (1) is guilty of an offence and liable (5) Quiconque contrevient au paragraphe (1) commet une infraction et encourt, sur déclaration de culpabilité: (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or a) par mise en accusation, l’amende que le tribunal estime indiquée et un emprisonnement maximal de quatorze ans, ou l’une de ces peines; (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both. b) par procédure sommaire, une amende maximale de 200 000 $ et un emprisonnement maximal d’un an, ou l’une de ces peines. ...
FCTD
Zak v. Canada (Attorney General), 2019 FC 1503
Considerations Considérations (3) An adjudicator, when rendering the decision, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. (3) Lorsqu’il rend la décision, l’arbitre évalue si la décision qui fait l’objet de l’appel contrevient aux principes d’équité procédurale, est entachée d’une erreur de droit ou est manifestement déraisonnable. ...
FCA
Solvent Petroleum Extraction Inc., Organic Research Inc., Organic Research Limited Partnership, Becker Engineering Limited, Union Farm Equipment, Inc., Seona Wilder, Dara Wilder, Gerald Byerlay, C & C Auto Truck and Equipment Sales Inc., Diversified Machine Tool Inc. And Ronald Johnson v. Minister of National Revenue, [1989] 2 CTC 177
Finally, they say that the authorizing legislation being section 231.3 of the Income Tax Act is ultra vires on the basis that it contravenes the Charter and cannot support the warrants herein. ...
TCC
John Huschi v. Minister of National Revenue, [1989] 1 CTC 2057, 89 DTC 30
. — Insure that on air presentation is considered within the realm of quality broadcasting and does not contravene CRTC guidelines and insure, as best possible, that any comment by on air personnel is not libellous or slanderous. — Prepare all documentation required for renewal of broadcast licenses. — Approve all expenditures that may not be budget items, including overtime, staff and non staff talent fees. — Present for approval capital expenditures required to keep plant in neat, safe environment with considerations for the orderly replacement of obsolete equipment. — Negotiate contracts with all suppliers whether it be for sport properties, music services, program services, satellite reception, etc. ...
TCC
Latsay v. R., [1997] 2 CTC 2125
I verily believe this infringement contravenes my rights, declaration, and other laws as follows: A) Charter of Rights B) The Canadian Bill of Rights C) The United Nations International Convention on the Elimination of all forms of Racism D) The Universal Declaration of Human Rights E) The International Covenant on Economic, Social and Cultural Rights F) The International Convention on the Elimination of all forms of Discrimination against Women G) The United Nations Declaration on the Rights of “A Child”- 1991 H) Canada Action Plan for Children I) Campaign 2000 J) Child Development Initiative (1990)- Brighter Futures K) Twentieth Century Rights- as per Constitution L) International Year of the Family (1994) United Nations M) International Year for the Eradication of Poverty (1996) United Nations N) And any other reasons, laws, declaration the Appellant may formulate O) These are not facts, as so the Respondent states-these are laws ratified by Canada, and therefore law, and can not be denied. 17. ...
T Rev B decision
Normand Blais, Denis Blais, Pierre-Paul Blais v. Minister of National Revenue, [1979] CTC 2944, 79 DTC 745
Counsel noted that by so amending his reply, the respondent did not contravene the sine qua non condition imposed by the Board, of not taking an opponent by surprise. ...
T Rev B decision
Victoria Insurance Company Limited v. Minister of National Revenue, [1977] CTC 2443, 77 DTC 320
Counsel for the appellant also argued that: (1) reinsurance with the Canadian and non-arm’s length companies was the only business of the appellant company; (2) this type of business was very passive and did not need an elaborate staff; (3) in September 1969 the Canadian directors resigned as directors of the off-shore company and were replaced by Bahamian directors; (4) in March 1970, Mr Doyle purchased a house and became a permanent resident in Nassau; (5) the appellant company’s income had not previously been earned in Canada by the Canadian companies but was new income derived from new business (69 new treaties); (6) the off-shore company was not established to contravene the Ontario or the federal Act but to do business in the Bahama Islands because (i) there was no need to increase the capital and reserve of the Canadian companies; (ii) there was no insurance restriction and no income tax in the Bahama Islands. ...
FCTD
Bank of New York v. Minister of National Revenue, [1975] C.T.C. 497, 75 D.T.C. 5340
An executor who contravenes this section by a premature distribution incurs personal liability to the extent of all duties unpaid. ...