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Prothonotary Morneau also reiterated in this regard that application of the rules presenting a matter of public order does not, moreover, preclude arbitration. [14]            In addressing the issue at the heart of ADM’s motion, Prothonotary Morneau noted the rule that any challenge to the arbitration tribunal’s jurisdiction must first be decided by it, unless the challenge is based exclusively on a question of law or, if it is based on a question of mixed fact and law, that the question only involves superficial consideration of the documentary evidence in the record. [15]            Prothonotary Morneau, however, took the view that ADM’s motion could be taken positively without him being required to conduct the analysis based on the fact that ADM initiated the arbitration procedure before the Attorney General undertook his declaratory relief before the Court. [16]            Alternatively, Prothonotary Morneau found that it was up to the arbitration tribunal to determine its jurisdiction to hear the dispute between ADM and CBSA.  ... Livestock Express BV, 2014 FC 475, at paragraph 34) [36]            I am aware that there are two exceptions to the “competence-competence” principle, which allow ordinary courts to decide on an arbitrator’s jurisdiction if the challenge to the arbitrator’s jurisdiction is based solely on a question of law or, in cases involving questions of mixed law and fact, the questions of fact require only superficial consideration of the documentary evidence in the record. [37]            However, I am satisfied that when faced with such a question when the arbitration process has already begun, it is open to an ordinary court, in the name of respect for the intentions of the parties and to preserve decision-making autonomy within the arbitration system, the legitimacy of which is henceforth fully recognized by Parliament (Desputeaux, at paragraph 40), to determine that it is up to the arbitrator to rule first on this issue.  ... For the reasons discussed above, it will therefore be up to it to dispose of, especially since some caution is appropriate in this case given that, as the Supreme Court noted in Desputeaux, a broad interpretation of the concept of public order in article 2639 of the C.C.Q. has been expressly rejected by the legislature, that public order arises primarily when the “validity” of an arbitration award must be determined, and that mere consideration of statutory provisions does not mean that the decision may be annulled or even that the arbitrator is not compelled to stay his or her proceedings (Desputeaux, at paragraphs 53–54; Dens Tech, at paragraph 31). [42]            The Attorney General’s appeal will therefore be dismissed. [43]            ADM seeks costs, assessed at $1,920.00.  ...

(as he then was) briefly discussed the considerations a judge should take in exercising her discretion in Sierra Club of Canada v. ... The Court identifies three factors that courts must take into consideration when exercising the discretionary power to allow public interest standing or not: 1)       Does the case raise a serious justiciable issue? ... Since effectiveness is a consideration that must be applied with flexibility and since there would be a significant loss of effectiveness if the CSA were allowed to pursue its application for judicial review until the hearing on the merits, I am of the opinion that the CSA’s application is not a reasonable and effective means of bringing the matter before the Court. ...

A further question arises, was the expenditure under consideration “exclusively” incurred in earning income? ... In coming to a conclusion upon that question in this case, I find the many decisions referred to by counsel of little assistance, as the enactments under consideration in them are expressed in terms varying, if not entirely different, from the Income War Tax Act. ... In any consideration of this question, a certain degree of latitude must, I think, be allowed. ...

The point in issue now before us did not arise for consideration in that case. ... What has already been said disposes of the suggestion that the income is income of anyone other than the unascertainable aged and deserving poor of Colne and I do not find any assistance in the English cases referred to, which deal with [Page 133] statutes expressed in terms totally unlike the enactment under consideration. ... Section 65 provides for the Court permitting any fact or statutory provision not set out in the notice of appeal or notice of dissatisfaction to be pleaded or referred to and empowers the Court to refer the matter back to the Minister for further consideration. ...

Since the procedure adopted by the Corporation in exercising its rights is clearly civil in nature, according to the very terms of the statute authorizing such procedure, the provisions of s. 41 (3) cannot apply, for that section has nothing to do with civil proceedings, and it follows that, subject to a consideration of the second ground submitted by respondents, this Court has jurisdiction under the present s. 36 to hear this civil suit, in which, prima facie, the matter in controversy in the appeal exceeds $10,000. ... There were circumstances, in the consideration of these two cases, which could be relied on in one case and not in the other. * * * To decide whether this Court has jurisdiction we must therefore look at the amounts in the two actions. ... The provincial statutes governing the claims involved in Cousins and La Duchesse Shoe expressly authorized the joinder of several claims in one action, and this Court held that this was not to be taken into consideration in determining its jurisdiction. ...

Appellants contended that the opinion of the Tariff Board in a former appeal (No. 363) that Clorox was not properly classifiable under Tariff Item 219 a, formed an estoppel per rem judicatam to a consideration of the same issue in the present appeal (No. 398). ... Dear Sir, The Department has had for consideration a number of materials sold under different trade marked names, consisting of Sodium Hypochlorite in Solution. ... First it was contended that the opinion of the Tariff Board in Appeal No. 363 formed an estoppel per rem judicatam to a consideration of the same issue in Appeal No. 398. ...

It would appear from a review of Part I.3 as a whole that the avoidance of what the appellant refers to as double taxation is not the only policy consideration that may bear on the issues in this case. ... It is with these considerations in mind that I approach the problem of statutory interpretation presented by this case. ... Thus, for purposes of the legislation under consideration in Air Canada, the indebtedness represented by the bank paper was considered to be more like loans or advances to the bank than cash on deposit with the bank. ...

However, for purposes of this appeal, it is sufficient to say that in each case, H & D agreed to construct and complete the MURB project and to provide certain initial services essential to the project, including providing certain ongoing financial guarantees. [4]      In consideration for what H & D was to provide, each of the partnerships promised to pay stipulated amounts to H & D in instalments, most of which were due in future years. ... It is undisputed that in each case, the amounts of the promissory notes and the wrap-around mortgages (in excess of the amount of the underlying mortgages) totalled the stipulated consideration payable for everything that H & D was to provide. [5]      Each debt instrument was stated to be subject to the provisions of the related development agreement. ... During such period the parties agree that H & D shall indemnify the Limited Partnership against all losses incurred in operating the Project and in partial consideration for so agreeing to indemnify the Limited Partnership H & D shall be entitled to receive from the Limited Partnership any operating profits from the project during such period. 10.01 From and after the Effective Date, H & D shall pay to or for the benefit of the Limited Partnership the Net Operating Deficiency during the period of four (4) years immediately following the Effective Date, provided that if the average occupancy rate for the project exceeds eight-five percent in any month prior to the effective date, such period shall terminate four (4) years after the end of such month. ...

Consideration of the Issues 1.  What principles delineate the permissible scope of discovery under Rule 95(1)? ... The Standard of Review [8]         As noted above, to determine whether a question is proper requires consideration of the factual and procedural context of the case, informed by an appreciation of the applicable legal principles. ...   [17]       There is one further consideration. Even where relevance is established, the Tax Court retains discretion to disallow a question. ...

Consideration of the Issues i.          Have the allegations of bias been made out? ... A policy that violates the rule of law is a policy made in bad faith and under the influence of extraneous considerations.   […]   71.       ... Rule 221 of the Federal Courts Rules requires consideration of this issue ...