Search - consideration

Solanko’s arguments which are based on fairness considerations.   [5]              For many years, it has been well-established by judicial authorities that this Court cannot grant relief solely on grounds of fairness. ...

The amount of the rebate is $1,848.59, which is equal to one percent of the consideration for the home ...

  [1]              The applicant, Johannes Petrus Deetlefs, filed a request with the Court that failed to specify the nature of the relief that he was seeking other than to state that further consideration was requested. ...

These arguments appear to be based on policy considerations which are the sole prerogative of Parliament and not the Courts. ...

According to the appellant, he received from the Trust as consideration for the transferred shares, a promissory note (for an amount corresponding to $354,830 ...

This ensures that objections to the originating notice can be dealt with promptly in the context of consideration of the merits of the case.             ...

The focus of the Respondent's consideration was the reasonableness of the delay in determining the amounts and in not taking collection action. ...

Counsel for the plaintiff submitted that she would not have time to prepare and present her evidence by affidavit. [4]                 Rule 363 of the Federal Court Rules, 1998 provides that a party shall set out in an affidavit any facts to be relied on by that party in the motion that do not appear on the Court file. [5]                 There is no evidence before this Court that would permit consideration of the plaintiff's motion for the stay in question. [6]                 In my view, allowing the plaintiff to submit its evidence by viva voce testimony instead of by affidavit as required by Rule 363 could adversely affect the defendant. [7]                 FOR THESE REASONS, I allow the defendant's application and order that: THIS motion be adjourned to the next day set down for motions in Montréal; AND that the parties in question serve and file their respective motion records and reply records in accordance with the Court Rules. ...

My interpretation of the section is that it provides for trial de novo in the sense that the court is not limited to consideration of evidence that was before the Minister. ...

Conscious, careful consideration before deciding whether act seen as possible should be done. ...