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Neither “includes” nor “means” were used and I think little is to be gained by the consideration of words which are not in the section. ...

This question was not under consideration before the Federal Court of Appeal in Cival. ...

Furlong took into consideration the continuing rental problems affecting the third premises, he could have explained more clearly his conclusion regarding the potential rental that could be obtained from those premises. ...

The Law The case law has established that the following tests must be taken into consideration in order to determine whether or not there is a contract of service: a) relationship of control and subordination between the parties; b) degree of integration; c) ownership of tools; d) chance of profit, risk of loss; e) method of payment; f) ownership of the business.... ...

The two that deserve consideration are the Cost Approach and, for lack of a better term, the “Most Likely Sale Price Approach”. ...

He stated: The criteria by which the exercise of a statutory discretion must be judged have been defined in many authoritative cases, and it is well settled that if the discretion has been exercised bona fide, uninfluenced by irrelevant considerations and not arbitrarily or illegally, no court is entitled to interfere even if the court, had the discretion been theirs, might have exercised it otherwise. [4] Lord Macmillan’s comments were quoted with approval by Abbott J. of the Supreme Court in Boulis v. ...

He stated: The criteria by which the exercise of a statutory discretion must be judged have been defined in many authoritative cases, and it is well settled that if the discretion has been exercised bona fide, uninfluenced by irrelevant considerations and not arbitrarily or illegally, no court is entitled to interfere even if the court, had the discretion been theirs, might have exercised it otherwise. ...

He stated: The criteria by which the exercise of a statutory discretion must be judged have been defined in many authoritative cases, and it is well settled that if the discretion has been exercised bona fide, uninfluenced by irrelevant considerations and not arbitrarily or illegally, no court is entitled to interfere even if the court, had the discretion been theirs, might have exercised it otherwise. [4] Lord Macmillan’s comments were quoted with approval by Abbott J. of the Supreme Court in Boulis v. ...

Rather, the Act contains both objective elements--embodied in the reasonable person language-- and subjective elements--inherent in individual considerations like “skill” and the idea of “comparable circumstances”. ...

Such a position at the very least questioned the neutrality and integrity of the Court. [111] This Court finds that the conduct of counsel for the Appellant was unacceptable and unbecoming to a solicitor of the Supreme Court of Prince Edward Island and an embarrassment to this Court. [112] Unless appropriate redress is made by counsel for the Appellant this Court will consider an Order that he be prohibited from appearing before the Tax Court of Canada in the future. [113] A copy of these Reasons for Judgment will go forward to the Secretary of the Law Society of Prince Edward Island for its consideration. ...