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Elements of the legal and factual contexts of a decision operate as constraints on the decision maker in the exercise of its delegated powers. [106] It is unnecessary to catalogue all of the legal or factual considerations that could constrain an administrative decision maker in a particular case. ...

The motion before me did not lend itself to the consideration of this Charter issue ... The applicant challenges the two decisions refusing the relief he sought for humanitarian and compassionate consideration and for pre-removal risk assessment ...

Considerations of irrelevant evidence of the relationship between parties; and             6.         ... The officer’s consideration of whether the disclosures were voluntary revolved around the facts that took place in 2005 and were not impacted by subsequent events. ...

Issues   [19]            The applicant submitted the following issues for consideration:             1.         ... [20]            The respondent raised the following issue for consideration:             1.         ...

Justice Stratas in Air Canada summarizes the considerations in determining whether a matter is reviewable (justiciable) at paragraphs 28-29: [28]  The jurisprudence recognizes many situations where, by its nature or substance, an administrative body’s conduct does not trigger rights to bring a judicial review. [29]  One such situation is where the conduct attacked in an application for judicial review fails to affect legal rights, impose legal obligations, or cause prejudicial effects. [73]            This summary is consistent with the cases the Applicant relies upon.  ... But consideration of the importance alone is not enough – there needs to be some sort of harm occasioned to the Applicant by the Finding in order to be justiciable.  ...

Further analysis of the meaning of this threshold, and principles applicable to meeting the threshold through the introduction of evidence and otherwise, will follow below in my consideration of the evidence before the Court in relation to the individual requirements. ... However, there is some duplication in the questions which requires consideration, and the Plaintiff has not established some basis in fact for all the questions he proposes. [67]   The first three proposed questions all surround allegations of negligence. ...

The Issues [21]   The appeal raises three key issues: Whether the new evidence submitted by Live on this Appeal should be accepted; Whether the new evidence demonstrates that Live or other licensed users of the Mark used the Mark in Canada in association with the registered services during the Relevant Period; and Given that the Applicant acknowledges that the evidence does not demonstrate use in association with all of the services listed in the Registration, whether special circumstances explain and excuse the non-use. [22]   The determination of whether Live has demonstrated use of the Mark in Canada in the Relevant Period requires consideration of the state of the jurisprudence regarding use of a trade-mark in this age of electronic communication and commerce and online experiences that transcend geographic boundaries. ... The Court of Appeal noted in Scott Paper at para 22: The conclusions to be drawn from this analysis are, it seems to me, the following: 1-   The general rule is that absence of use is penalized by expungement. 2-   There is an exception to the general rule where the absence of use is due to special circumstances. 3-   Special circumstances are circumstances not found in most cases of absence of use of the mark. 4-   The special circumstances which excuse the absence of use of the mark must be the circumstances to which the absence of use is due. [118]   The Court of Appeal explained that the fourth factor is consistent with the statutory language, stating at para 23, “[t]he point here is not the nature of the special circumstances, but simply that the special circumstances refer to the cause of the absence of use, and not to some other consideration.” ...

Resolution of the differences in perceptions of B.V.’s operations requires examination of the 1976 agreement, a limited review of pre-existing arrangements, and consideration of B.V.'s operations after 1976 in the years 1978 to 1981. ... These market considerations mean that even when theatrical productions on film are to be exhibited by television they are substantially modified, shortened, or lengthened from archival film, with music often re-recorded, and dialogue often altered, to fit the requirements for television. ...

The final analysis of the actual relevance of the requested information and documents is therefore an issue for that court. [78] In this context, a review of the legality of the IERs, which will take into consideration the legal and factual constraints to which the Agency is subject, can only be a summary one given that this Court does not have the applicant’s full audit record. [79] The issue of the Agency’s respecting the conventions and the ITA must therefore be analyzed holistically, and the Court can only intervene in the event of a central irregularity or shortcoming (Vavilov at para 100). ... As the Federal Court of Appeal has stated: [53] Generally, the residence of a person is a question of fact, the determination of which requires consideration of any number of factors that point to or away from an economic or social link between the person and a particular country. ...

In that case, the Minister agreed not to assess the taxpayer in respect of specific transactions, in consideration for the taxpayer’s agreement not to engage in similar transactions in the future and the waiver of his right of objection and appeal in respect of the assessments for the two years at issue. ... Unlike the case in Rosenberg, no detailed document setting out the terms, conditions and consideration, was executed between the Minister and the Applicant. [110] Consequently, the Information Circular cannot constitute an offer to contract and cannot be relied upon to form, on its own, the basis of a contractual relationship. ...