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In my opinion, this argument must be rejected since (1) the RPD has complete control of its own procedure; and (2) because there are practical considerations leading me to this finding ...               (2)        Inevitable practical considerations when witnesses are heard by telephone   [28]      At the hearing, I asked the parties to submit their comments on two cases which appeared to me to be relevant to the question of whether the RPD erred in requiring the applicant to have the witnesses he wished to testify by telephone first report to the Canadian embassy for identification.  ... Right to be heard   [42]      Finally, the applicant argued that his right to be heard was infringed as the description of his escape from the Kerman prison was not given all due consideration. ...

The above are but 2 examples of a very long list of diseases spread by the respiratory route which I have appended as a table for further consideration. ... This issue arises for consideration from the following set of circumstances. ... The definitions at issue in CIP were identical to those under consideration at present except that the definition of health product ended with, "...but not including cosmetics". ...

No. 3569, at paragraphs 21 to 24. [44]            To facilitate proof that the debtor and third party had fraudulent intentions, legislation includes a number of presumptions. [45]            In the situation under consideration, that is, one involving the performance of an onerous contract, the intention of the opposing parties is deemed fraudulent if they knew of the insolvency of the debtor or of the fact that the latter was rendering or seeking to render himself insolvent by repaying them. [46]            The debtor, on the other hand, will be deemed to have fraudulent intentions if it is demonstrated that he rendered himself or sought to render himself insolvent by moving these monies or preferred the opposing parties, despite full knowledge of his insolvency. [47]            The Court is satisfied that the seizing creditor has established that the debtor intended fraud. ... Payments can be broken down into two distinct components: the concrete component, which enables its consideration as a juridical fact and the intentional component, which also makes it a juridical act. [64]            The evidence before me only establishes the concrete payment component, that is, the physical transfer of funds directly into the opposing parties’ accounts on December 3, 2002. ... After consideration of all relevant factors, the Court finds that each party must bear their respective costs in this case. ...

In other words, "jurisdictional error"is simply an error on an issue with respect to which, according to the outcome of the pragmatic and functional analysis, the tribunal must make a correct interpretation and to which no deference will be shown. [16]            The factors to be considered in a pragmatic and functional analysis of the decisions in question here would involve consideration of the following issues: 1-       Presence of a privative clause: there is no privative clause in the Customs Tariff Act which would shield decisions of the Minister from judicial oversight. ... Pushpanathan, supra The act in question in these proceedings, the Customs Tariff Act is a complex mix of policy considerations, combining as it does, the protection of Canadian industries and the desire to keep Canadian industries competitive where components cannot be found from Canadian production as well as compliance with Canada's treaty obligations. ... To the extent that a decision as to granting leave requires a consideration of the merits, I find that while the applicants have a case which is not doomed to failure, nor is it one whose success is to be taken for granted. [19]            The next issue is whether the facts disclose a continuing intention on the part of the applicants to pursue their legal remedies. ...

In concluding that the Applicant made the phone calls, he took into consideration that there would have been a high number of individuals in close proximity to the Applicant's workstation, and if another person had made the calls, he or she would have been noticed by other staff members. [11]            On or about November 9, 1995, the Applicant learned that he was to receive a twenty day suspension for reasons set out in the letter of suspension from Mr. ... Your denial of making these telephone calls and your absence of remorse have been taken into consideration in determining the severity of the discipline... ... The Respondent's position is that the letter was unnecessary and inflammatory, and served only to damage the reputation of the Department. [52]            In order to determine if the Adjudicator reasonably concluded that the Respondent had just cause to terminate the employment of the Applicant, it is necessary to consider whether the act of mailing the letter was unnecessary and constituted misconduct by the Applicant. [53]            Section 239(2.3) of the ITA is relevant to consideration of this issue. ...

the causes of delay beyond the inherent time requirements of the matter, which would include consideration of such elements as whether the affected individual contributed to or waived parts of the delay and whether the administrative body used as efficiently as possible those resources it had available; and   c.        ... This may also include a consideration of the efforts by various parties to minimize negative impacts by providing information or interim solutions. ... While I am unable to assess what the quantum of penalty and interest should be, I believe that the Court is entitled to take that factor into consideration in determining whether the plaintiff has been prejudiced. ...

Essentially, the applicant is asking this Court to find that once a person is permitted to re-enter Canada as a permanent resident, this status is preserved and cannot be re-examined, unless the person leaves Canada, the decision to allow re-entry as a permanent resident having an effect similar to res judicata, barring consideration of the residency requirements under the Act. ... However, what is clear is that (1) upon re-entry, the applicant was not in compliance with the 730-day residency requirement, this finding by the IAD being undisputed; and (2) the applicant was not allowed to re-enter the country based on humanitarian and compassionate grounds pursuant to paragraph 28(2)(c) of Act, contrary to the applicant’s allegations, for the FOSS notes are devoid of any such comments or consideration of such grounds ...     (2) The following provisions govern the residency obligation under subsection (1):   (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are (i) physically present in Canada, (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent, (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or (v) referred to in regulations providing for other means of compliance;   (b) it is sufficient for a permanent resident to demonstrate at examination (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident; (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and   (c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.        41.  ...

The primary object of a succession duty statute, such as the legislation under consideration, is to capture such amounts for the fiscal coffers as the words of the statutory net can catch. ... In finding that the information in question was located in Canada within the meaning of section 231.6, Justice Hughes properly took into consideration the fact that eBay US and eBay International had granted the appellants access to information about Canadian PowerSellers for the purpose of their business, and that they indeed used it for this purpose. ... His intent was to extort money or other consideration from HomeAway. Such activity should not be condoned or encouraged.   ...

No. 495 (QL)   Preliminary considerations prior to the tri-partite test   [13] It is important to note that the Applicants chose to disobey a valid deportation order, and a warrant was issued for their arrest. ... )   [38]            The only way that the applicant could possibly have obtained legal and valid status in Canada, by alleging his medical condition, would have been through an application for exemption based on humanitarian and compassionate considerations. ... His application for exemption based on humanitarian and compassionate considerations (CH) was denied and the applicant did not file any ALJR before the Court to dispute that decision rendered in November 2005 ...

. $100, could not represent all of the consideration for that redemption and that the equation should imply that Mr. Landry and his creative knowledge would remain in the service of the future holder of the shares. [50] The purchase contract is nevertheless very clear and the following is stated at clause 3.4 of this contract: [translation] 3.4   The parties agree that the consideration and the price payable for the Actions (the “sale price”), if the Option is exercised in the time limit described above, is and will be the overall, total, and final consideration of ONE HUNDRED dollars payable in the legal tender of Canada ($100.00), payable in total on Closing. [51] Based on clause 3.4 and this contract as a whole, Animation JL’s approach cannot be accepted without contradicting the terms of a contract established between the parties. [52] Indeed, the place where Mr.  ...