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To give effect to the double costs consequences of that Rule, an offer must meet the conditions identified by the Federal Court of Appeal in Venngo v Concierge Connection Inc, 2017 FCA 96 at paras 87-90, 146 CPR (4th) 182.   ...

Concierge Connection Inc. (Perkopolis), 2017 FCA 96. This Court agreed that the element of compromise identified by the Tax Court did not qualify as such. ...

HWEI will not bear any material risk in connection with the Husky shares. ... [HWEI/LF Luxembourg] will not bear any material risk in connection with the Husky shares. ... The first objective is the requirement for a substantial connection to a contracting state. ...

The purpose of a conjunction, as we know, is to establish a connection, not a breach.  ... Here the logical connection between the two propositions would be that the payment of taxes and compensation for the use of water are directly connected with the municipality's refusal to warrant its quantity.  ... Section 3 also indicates that the exemption clause is not absolute:  [TRANSLATION] "All work in connection with the said waterworks shall be done by the owner, at his own expense and risk . . . ...

There is still another provision to be noticed and that is sub-paragraph (i) of paragraph 1 by force of which the Company covenants that, (i) Costs and expenses to be deducted from the Sixty-seven (67%) per cent of production or Sixty-seven (67) units of production as herein set out shall be all costs, charges and disbursements in connection with the producing of the well and obtaining production therefrom, after the well has been brought into production, and in particular shall include the cost or price of production equipment such as storage tanks, separators, pump lines, boilers, pumps, meters, gauges, and all other appliances incidental to profitable production of the said well and installing, setting up and equipping the same, also insurance, taxes, rates, assessments nor/or [Page 390] hereafter levied, labour, and a reasonable charge for management, also including the cost of marketing in the event of the Operator being unable to sell the production wholesale. ... Head’s agreement is dated the 7th of June and he was to proceed to drill a well and the consideration he was to receive by article 21 of the agreement was $15,000 in cash and a further sum of $15,000 in respect of which the article provides as follows: The remaining balance, namely, Fifteen thousand ($15,000.00) Dollars is to be paid out of the sale of production at the rate of Two Thousand ($2,000.00) Dollars per month, but not to exceed forty per cent (40%) of the net production coming to the Owner after the payment of all royalties in connection with the said wells. ... The balance of the contract price, that is, a further sum of $15,000, was to be paid “out of the sale of production” at the rate of $2,000 per month but not in excess of 40% of the net production coming to the company after the payment of all royalties in connection with the said well. ...

Concierge Connection Inc. 2016 FCA 209 at para. 9. To ensure the smooth and efficient progress of proceedings, the Court can order consolidation on its own motion: Coote v. ... (b)   Identifiable class (Rule 334.16(1)(b)) [71]   Under this branch of the certification test, all that is required is “some basis in fact” supporting an objective class definition that bears a rational connection to the common issues and that is not dependent on the outcome of the litigation: Wenham at para. 69, citing Dutton at para. 38 and Hollick at paras. 19 and 25. [72]   The Federal Court found that the class for the purposes of the damages claims could not be identified with precision because individuals could not know whether their applications were rejected under the terms of the Supplemental Agreement struck down in Wells until each application has been re-evaluated under the terms of the Original Agreement and the surviving terms of the Supplemental Agreement (at para 67). ... I consider this class definition to bear a rational connection to the common issues. ...

Concierge Connection Inc. (Perkopolis), 2017 FCA 96 at paras. 11-12, 146 C.P.R. (4th) 182, leave to appeal refused, [2017] 2 S.C.R. x. ... Rather, the depreciation of goodwill is to be determined by the four-part test set out in Veuve Clicquot at para. 46: Firstly, that a claimant’s registered trade-mark was used by the defendant in connection with wares or services — whether or not such wares and services are competitive with those of the claimant. ...

Grater on cross-examination and should be sanctioned for this misconduct; and (d) an extensive amount of work was required in connection with this motion in a truncated period of time. ... Such an offer has no degree of compromise and thus, cannot constitute a valid offer to settle for the purpose of triggering any cost consequences [see Venngo Inc v Concierge Connection Inc (Perkopolis), 2017 FCA 96 at para 87]. [72] When parties make a submission as to a reasonable quantum of costs payable in relation to a matter, they must be prepared to accept that, depending on the circumstances, what is reasonable to be paid to them is also reasonable to be paid by them. ...

(b) Proportionality   (i)      Rational connection   [73]     In Oakes, the Supreme Court of Canada indicated that the law must be “ carefully designed to achieve the objective in question ”; it should not be “ arbitrary unfair, or based on irrational considerations. ” [74] In the case at bar, the question is whether subsection 118.2(2) of the Act logically supports the underlying objective of the legislator. ... British Columbia (Attorney General) [75], the Supreme Court of Canada makes it clear that a rule of law is arbitrary if there is no rational connection with its objective. ... There is a clear connection between: (1) the goal of limiting tax relief for safe and efficacious services and products and ensuring that the program is financially sustainable and (2) the limitative scope of the services and products that are allowed to be claimed under subsection 118.2(2) of the Act.   ...

The wide range of the exceptions permitted under subsection 8(2) unquestionably attests to the intention of Parliament to allow disclosure of personal information to persons who have no connection whatsoever with the disclosing institution and for purposes other than those for which the information was collected. [15]       Section 7 prescribes two possible uses of personal information collected by a government institution. ...