Search - consideration

We would observe that the dates of first use are not a relevant consideration under paragraph 37(1)(c). ...

In view of the respondents' continuing efforts with respect to those certificates, as discussed below, the misstatement in the affidavit did not go to a trivial point. [15]            All this to say that in the present case the failure to comply with Rule 81 led to confusion and illustrates the wisdom of requiring applications to be supported by affidavits sworn by persons with personal knowledge who review their affidavits with care and attention. [16]            As to the consequence of this failure, I gave consideration to dismissing this application solely on this basis with leave to re-apply. ...

However, I agree with the defendant that the facts in Nova and Hollinger should be distinguished from the transaction under consideration. ...

A literal or legalistic interpretation must be avoided when the basic object of the treaty might be defeated or frustrated in so far as the particular item under consideration is concerned. ...

Therefore, any consideration of the exercise of discretion under section 108 undertaken as a result of these reasons should be by an officer to whom the exercise of the discretion has been delegated by the Minister.   ...

After due consideration of the Applicant"s written and oral arguments, I am at a loss to understand what conflict would be created by requiring the Applicant to produce the documents which the Minister requires. ...

While the timing of such a motion is a relevant consideration in most circumstances, in these circumstances I am of the view that the timing is not a matter that weighs in favour of refusing to strike if the test is otherwise met ...

The fact that no action was initiated due to the financial considerations of the Applicant, as was clearly specified by Ms. ...

Only where this search proves fruitless must the reviewing court undertake a consideration of the four factors comprising the standard of review analysis ...

The policy was applied automatically as the auditor or appeals officer saw fit without consideration of the nature of the disbursement or other factors arising out of the relationship between the principal and its agent. ...