Search - consideration

Results 41 - 50 of 2335 for consideration
FCTD

Shilling v. Canada, docket T-222-97

But as I view the matter, somewhat different considerations must apply in the case of statutes relating to Indians. ... He argues that in this case, unlike Folster, a consideration of these factors would point to a location for the employment income that is not on a reserve. [60]      Counsel for Ms. ... Other considerations [75]      Both parties agreed that the place of payment of Ms. ...
FCTD

Ticketnet Corp. v. Canada, docket T-2185-88

Acceptance of the software by Ticketnet was regarded by the parties as a formality, and simply served to measure the time from which the repayment of the loan and the payment of the additional compensation through the royalties would commence. [27]      Counsel supported her theory of the dual contracts by reference to the language of the agreement, Ticketnet"s audited financial statements and considerations of fairness.           ... (c) fairness considerations [52]      Counsel for Ticketnet also maintained that considerations of fairness supported Ticketnet"s analysis of the agreement. ... Despite the elegant arguments advanced on behalf of Ticketnet, counsel for the Crown is correct to say that the legal obligations assumed by Ticketnet under the contract were not those of a borrower, and that the underlying commercial reality, tax considerations aside, gives no substance to this characterization. ...
FCTD

Street v. Canada (Attorney General), 2024 FC 670

Pentney J. concluded that there had been no consideration of the concept of adverse effect discrimination, which was the most important aspect of his claim: at paras 76, 86, 88. ... The Applicants must either be able to see the contents of the report during the course of the meeting with the Decision Reviewer, or if the Decision Review is to proceed by writing, a copy of the Report must be disclosed to the Applicant so that the Applicant may prepare written submissions for the Decision Reviewer’s consideration. ... The respondent argued that Ahmed described two ways in which a complainant may discuss the contents of a Fact-Finding Reports directly with the Decision Reviewer: 1) where the applicant sees the content of the report during the DR meeting; or 2) if the DR proceeds in writing, where the applicant receives a copy of the report so they can prepare written submissions for consideration by the DR reviewer. ...
FCTD

Çolakoğlu Metalurji A.S. v. Altasteel Inc., 2024 FC 831

Justice O’Reilly concluded that it was not amenable to judicial review and dismissed the application: [24] Bearing these considerations in mind, I must conclude that the CBSA’s re-investigation is not amenable to judicial review. ... It would clearly run afoul of the policy considerations cited by Justice Stratas in Powell, above. [26] Should it transpire that the duty arrived at under the re‑investigation is imposed on GRK, it can seek a re‑determination. ... It would clearly run afoul of the policy considerations cited by Justice Stratas in  Powell, above. [26] Should it transpire that the duty arrived at under the re-investigation is imposed on GRK, it can seek a re-determination. ...
FCTD

Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration), 2019 FC 1126

The latter requires each division of the Board to “deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.” I will return to considerations of fairness and natural justice in the next section of these reasons below. ... In fact, subsection 162(2) of the IRPA explicitly requires each division of the Board to “deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.” ...
FCTD

Trans-Pacific Shipping Co. v. Atlantic & Orient Trust Co. Ltd., 2005 FC 311

I now turn to a consideration of all of this. CONSIDERATION On Striking Out a Pleading [11]            To strike out a pleading is a serious matter, for it deprives a party of the benefit of a full hearing inherent in having a day in court. ... In my view, to deny the Court this right to determine, in the context of the forced enforcement of one of its judgments, whether the property seized is part of the estate of the judgment debtor, even if such determination requires consideration of the provisions of the Civil Code of the province of Quebec, would constitute a serious hindrance to the exercise of the Court's powers of enforcement, and would be manifestly contrary to the will of Parliament... ... However this is only half the answer in the present instance: I now turn to a consideration of separate corporate entities and the so-called setting aside of the corporate veil. ...
FCTD

Young v. Canada, docket T-806-97

The Applicant"s request was submitted for consideration by the Appeals Officer after she had been advised by the Applicants" counsel that no further submissions would be made and she was instructed to proceed with reassessments on the basis of the agreements reached between the parties. ... Little dated November 26, 1996 specifically requested consideration under the fairness package legislation for waiver of interest which was to be reassessed, Ms. ... Little was not asking the Minister to delay consideration of his request for waiver of interest until such time as the new reassessments were issued. ...
FCTD

Kerry (canada) Inc. v. Canada (Attorney General), 2019 FC 377

The Respondent argues that the record demonstrates the Minister gave thorough consideration to Kerry Canada’s arguments regarding waiver. 2.   ... Coburn had expressed surprise that the collections issue had arisen in light of the royalty issue still under consideration by the CCA. ... Analysis – Requirement for reasons [70]   In response to Kerry Canada’s arguments that the Decision itself was sparse and unintelligible, the Respondent relies on jurisprudence which requires a consideration of not only a decision but also the evidentiary record in assessing the reasonableness of the decision (Newfoundland Nurses; Hi-Tech Seals; Sherry). ...
FCTD

Ghazi v. Canada (National Revenue), 2019 FC 860

Olson, the Decision gave undue consideration to irrelevant factors. Such matters are no defence against allegations of misconduct and bias. [5]   Relevant to the Court’s analysis is the fact that although CRA officer Olson had not yet issued a notice of assessment to Mr.  ... The Supreme Court stated: [42] The cases identify a number of considerations relevant to deciding whether an alternative remedy or forum is adequate so as to justify a discretionary refusal to hear a judicial review application. ... Final consideration [61]   After the hearing of this motion, counsel for Mr.  ...
FCTD

Bow River Pipe Lines Ltd. v. R., 97 DTC 5385, [1997] 3 C.T.C. 397 (FCA)

(“Bow River”) Further to our meeting of Wednesday, October 9, 1985 the following summary of our initial advice is offered for your consideration. ... The details of these deductions will have to be given further consideration. 4. ... If this proposal is acceptable to you, Koch will prepare for your consideration a formal sale agreement and related documentation. ...

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