Search - consideration

In Housen, the discussion with respect to the standard of review of inferences of fact arose in the context of a decision of a judge after a trial, but the same considerations apply equally to the review of an administrative tribunal’s role as a finder of fact and a maker of inferences of fact. ... Similarly, considerations of procedural unfairness are irrelevant to the RAD’s decision to refuse admission in an interpreter’s affidavit when the preconditions for its admission are not met. ... The RAD concluded that her intentional misrepresentation about returning to Iraq in 2013 was a relevant consideration. ...

Consideration [6]                 The present application for judicial review being out of time, Mr. ...

CONSIDERATION      The principles to be applied in order to obtain an extension of time within which to appeal are not at issue. ...

Soucy filed a request for investigation with the Commission, alleging that there had been violations of the appointment process. [20]   On April 19, 2018, the Commission concluded that an investigation was not warranted, because the information received did not raise any issues related to the application of the Act or the associated regulations and guidelines. [21]   The Commission confirms that it reviewed the information received in compliance with the Policy on Considerations for Investigations Conducted under the new PSEA by the PSC Relating to External Appointments, Non-delegated Internal Appointments and Appointments Involving Political Influence or Fraud [the Guidelines]. ... Soucy maintains that the promises made to appoint him to the Position on an acting basis are relevant to the analysis of a request for investigation, that the Commission should have taken them into consideration, and that Mr.  ...

The Report details the investigator’s assessment of the Respondent’s hiring process and her consideration of the Applicant’s application in particular. [30]   The investigation does not need to be perfect; the Commission must balance the Applicant and the Respondent’s procedural fairness interests with the Commission’s interest in “maintaining a workable and administratively effective system”: Slattery, above at 600; Wong v Canada (Public Works and Government Services), 2017 FC 633 (CanLII) at para 40; Tahmourpour v Canada (Solicitor General), 2005 FCA 113 (CanLII) at para 39. ... In Carroll, Mosley J. explains the Commission’s procedural fairness obligations therefore extend to the Commission’s consideration of parties’ reply submissions: Carroll, supra, at paras 68-70, 77-78 (emphasis added): [68]   Two clarifications are in order. ... A requirement of thoroughness which survives the filing of the investigator’s report ensures that every submission made by a complainant is given the consideration it deserves. … [77]   In the case at bar, and others which are similar to it, a breach of procedural fairness will not be found simply because the Commission has offered reasons which are inadequate in the sense that they are brief or do not appropriately reference certain pieces of evidence. ...

The tests mentioned in cases in other courts are of course helpful but other factors should also be emphasized, including the timeliness of the motion to amend or withdraw, the extent to which the proposed amendments would delay the expeditious trial of the matter, the extent to which a position taken originally by one party has led another party to follow a course of action in the litigation which it would be difficult or impossible to alter and whether the amendments sought will facilitate the court’s consideration of the true substance of the dispute on its merits. ... Ultimately, it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. ... In cases where protection is clearly required, the discretion will be exercised on the basis that a fair trial of the accused and a just determination of criminal charges cannot be made unless proceedings are stayed (at paras 18-25). [76]   The ITA’s legitimate purpose in allowing the CRA to audit taxpayers—to ensure compliance with our taxation system—must thus be balanced against the section 7 rights invoked by the Friedmans, with the consideration that the sole object of section 7 is to offer protection in “extraordinary or exceptional circumstances” when the impugned legislation is unjust. ...

In that respect, the Statute added nothing to the consideration given by the Government; the provisions relating thereto are entirely contained in the contract. ... That scoping exercise is necessarily informed by Sattva considerations, including the intention of the contracting parties. 4. ... Canada argues that it did not formally repeal Clause 16 because to do so engaged constitutional considerations at the provincial level. ...

The RAD notes that the Federal Court has stated that where there are valid reasons to doubt a claimant's credibility, a failure to provide corroborating documentation is a proper consideration. ... As this determination fundamentally impacted the rest of the RAD’s consideration of the claim, this was a determinative error. ...

Consideration [3]                The present judicial review proceeding, commenced 27 November 2003, is one of several pieces of litigation which Mr. ...

As a result, I have given these considerations some weight. [Emphasis added.] [29] The Officer’s reasons do not explain why the personal circumstances of the Applicant do not warrant an H&C exemption. ...