Search - consideration

In Housen, the discussion with respect to the standard of review of inferences of fact arose in the context of a decision of a judge after a trial, but the same considerations apply equally to the review of an administrative tribunal’s role as a finder of fact and a maker of inferences of fact. ... Similarly, considerations of procedural unfairness are irrelevant to the RAD’s decision to refuse admission in an interpreter’s affidavit when the preconditions for its admission are not met. ... The RAD concluded that her intentional misrepresentation about returning to Iraq in 2013 was a relevant consideration. ...

Consideration [6]                 The present application for judicial review being out of time, Mr. ...

CONSIDERATION      The principles to be applied in order to obtain an extension of time within which to appeal are not at issue. ...

This giving in payment is made in consideration for the full and final release by the creditor of the debtor for all sums owed to it in principal, interest, costs and incidentals, under the following deeds:... AMOUNT OF CONSIDERATION: $250,000 [17] Exhibit A-6 is the bid for repair work. ...

Soucy filed a request for investigation with the Commission, alleging that there had been violations of the appointment process. [20]   On April 19, 2018, the Commission concluded that an investigation was not warranted, because the information received did not raise any issues related to the application of the Act or the associated regulations and guidelines. [21]   The Commission confirms that it reviewed the information received in compliance with the Policy on Considerations for Investigations Conducted under the new PSEA by the PSC Relating to External Appointments, Non-delegated Internal Appointments and Appointments Involving Political Influence or Fraud [the Guidelines]. ... Soucy maintains that the promises made to appoint him to the Position on an acting basis are relevant to the analysis of a request for investigation, that the Commission should have taken them into consideration, and that Mr.  ...

Policy considerations support fiduciary relationships in the case of financial advisors.  ... Two considerations may act as false indicators of a fiduciary relationship.  ... Professional relationships as such were not identified as a separate category which attracted special consideration.  ...

Pleadings   General considerations   [14]          It will be useful to consider further some of the rules that apply to pleadings ... I would not want what I have said above to be taken as necessarily governing the rules of pleading in informal cases, where there are no discoveries, and other considerations may apply. [6] The “assumptions” have been referred to in a variety of ways. ...      [25] There is another consideration. In the informal procedure, there is no documentary discovery or oral examination for discovery. ...

Cattanach J. stated the following at page 323:               It is not a question of the Minister or this Court substituting its judgment for what is a reasonable amount to pay, but rather a case of the Minister or the Court coming to the conclusion that no reasonable business man would have contracted to pay such an amount having only the business consideration of the appellant in mind. I do not think that in making the arrangement he did with his brother Robert that Jules would be restricted to the consideration of the service of Robert to the appellant in his first three months of employment being strictly commensurate with the pay he would receive. I do think that Jules was entitled to have other considerations present in his mind at the time of Robert's engagement such as future benefits to the appellant which he obviously did. ...

.- That a good share of "CCI's" profits were transferred to "Atuhk". [25]     When asked whether tax considerations led them to set up Atuhk on the Mashteuiatsh reserve, Danny Cleary did not provide a direct answer to the question. ... These factors should then be analyzed to determine what weight they should be given in identifying the location of the property, in light of three considerations: (1) the purpose of the exemption under the Indian Act; (2) the type of property in question; and (3) the nature of the taxation of that property. ... In any case, whether the project in Mashteuiatsh is a product of humanitarian considerations, as submitted by Ralph and Danny Cleary, or a product of financial-planning opportunism, the reality is this: Atuhk's profits are essentially profits related to the construction company, CCI, which is run on the South Shore of Montréal. ...

Before dealing with these arguments, it is necessary to discuss some general legal considerations, including the principles relevant in a review application under s. 28 of the Federal Court Act.                                                                      IV   General Legal Considerations   19.               This appeal is not about certain things. ... Against the background of these general considerations I turn now to consider the errors of law alleged to have been made in this appeal.                                                                       ...