Search - consideration

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. ...

., 2003 SCC 28, [2003] 1 S.C.R. 476, at para. 16, “[d]eference to the decision maker is called for only when it is in some way more expert than the court and the question under consideration is one that falls within the scope of its greater expertise” (citing Dr. ...

Furthermore, it appears that this grievance is still under consideration by the Chief of the Defence Staff. ...

  [10]            By applying the first criterion, prothonotary Morneau determined that the real questions that the Court must answer with respect to the application have to do with knowing whether the Minister, by implementing the Plan, acted in compliance with the powers and obligations that were conferred on him by the Fisheries Act as a result of the relevant considerations rather than those that are subject to this Act.  ...

It is true that different considerations are at play when considering whether to strike out a Notice of Application for Judicial review than a statement of claim ...

Justice Fish noted that Parliament had given “detailed” consideration to Canada’s insolvency scheme and it is the role of the Court “to treat Parliament’s preservation of the relevant provisions as a deliberate exercise of the legislative discretion that is Parliament’s alone” (Century at para 95). ...