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If need be and if the circumstances call for it, the presiding judge will ask counsel for the Respondent for any further submissions on anything else that could ensure fairness considerations in these circumstances. [29]   The Respondent may also submit a list of questions relating to the scope of the privilege that the section 37 application judge could consider posing to a potential witness in an ex parte hearing. ... Considerations of fairness must radiate throughout every step of the section 37 proceedings. [31]   The Respondent has not submitted any statutory references or case law that would support his claim that his counsel should be able to test the opinions and conclusions in the certificate by cross-examination. ... La requête précise les documents ou les éléments matériels demandés. (…) Material to be transmitted Documents à transmettre 318 (1) Within 20 days after service of a request under rule 317, the tribunal shall transmit 318 (1) Dans les 20 jours suivant la signification de la demande de transmission visée à la règle 317, l’office fédéral transmet: (a) a certified copy of the requested material to the Registry and to the party making the request; or a) au greffe et à la partie qui en a fait la demande une copie certifiée conforme des documents en cause (…) Basic considerations of fairness militate in favour of the most complete record possible, so that an Applicant may fully exercise their right to judicial review by understanding the reasons for which an administrative decision was taken.  ...

[30]   The determinative consideration in this case is whether, on July 13, 2018, the applicant was attempting to enter Canada with the intention of residing here permanently.   ... I do agree with the applicant that the Minister’s delegate’s consideration of the legal characterization of his relationship with Ms. ... The erroneous considerations mentioned by the Minister’s delegate in his decision could not reasonably have affected his ultimate balancing of interests in the exercise of his discretion.   ...

The issue for the Court is whether the RAD’s finding is reasonable (Ugbekile v Canada (Citizenship and Immigration), 2016 FC 1397 at paras 12-14, 275 ACWS (3d) 360.) [29]   The reasonableness standard focuses on “the existence of justification, transparency and intelligibility within the decision-making process” and considers “whether the decision falls within a range of possible, acceptable outcomes which are defensible in respect of the facts and law” (Dunsmuir at para 47). [30]   Contrary to the Applicants’ allegation that the RAD’s reasons are inadequate and that this results in a breach of procedural fairness, the jurisprudence has established that the adequacy of reasons should be addressed in the consideration of whether the decision is reasonable. [31]   In Newfoundland and Labrador Nurses' Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62, [2011] 3 S.C.R. 708 [Newfoundland Nurses], the Supreme Court of Canada elaborated on the requirements of Dunsmuir, noting at paragraphs 14-16 that reasons are not required to set out all the arguments, statutory provisions, jurisprudence or other details that a reviewing Court might prefer. ... The test is: (1) the decision-maker must be satisfied, on a balance of probabilities, that there is no serious possibility of the claimant being persecuted in the proposed IFA; and, (2) conditions in the proposed IFA must be such that it would not be unreasonable, upon consideration of all the circumstances, including consideration of a claimant’s personal circumstances, for the claimant to seek refuge there. [44]   As noted in Thirunavukkarasu at para 14: [14]   An IFA cannot be speculative or theoretical only; it must be a realistic, attainable option. ... The RAD agreed with the RPD’s assessment which noted several social, economic and cultural considerations, including the fact that the Applicants spoke English, are educated, could find employment and accommodations, could access social services and health care and could practice their religion as Christians given that half the Nigerian population is Christian. ...

Quinn dated the 11 th day of July, 2016 for the consideration of the Harbour Authority. ... After careful consideration and a review of the impact of the Policy on Mr.  ... Kinghorne, mentioned the considerations contained in the ten-point list he submitted in 2015. ...

For example, costs awards are said to favour settlements, because parties will take legal costs into consideration when they calculate the risks of going to trial. ... She also argues that special considerations should apply in First Nation governance cases. I will explain why, in my view, those considerations do not warrant a solicitor-client costs award, although they justify a lump sum award on an elevated scale. ...

As the blog post publicly identifies the Principal Applicant as bisexual and thereby potentially endangers his life in Nigeria, recognizing the country condition evidence thereon, more demonstrative consideration is required for a reasonable assessment. [25]   Similarly, the Officer dismissed the relevance and probative value of a photocopy of a newspaper called “South-South News” which reports the death of Mr. ... Ayeni without adequately providing an explanation thereon. [26]   Finally, the Officer has not given proper consideration to a letter by the Ogute Community which invites the Principal Applicant to a spiritual cleansing because of the fact that he was caught having sex with another man. ... Further to the Officer having examined the entire narrative, it would be important to have an understanding of that which did not satisfy the requirements of the legislation in respect of the PRRA. [30]   Finally, this Court recognizes that certain peripheral evidence does appear to embellish, to strengthen the narrative; nevertheless, the core of the narrative needs due consideration before the peripheral evidence can be said to be an embellishment. [31]   For all the above reasons, the matter is returned to be considered anew by a different officer. ...

The fact that it may “cast a derogatory light on Plaintiff’s counsel” is itself an insufficient basis to exclude statements of fact and law, which may be relevant factors to be taken into consideration at trial both on the merits of the action and on liability for costs. ... The same consideration should have been afforded the Defendant. B. Did the Prothonotary err in allowing amendment of the Statement of Claim? ... Deciding whether to allow an amendment required a balancing exercise on a case-by-case basis and ultimately “it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done”. ...

.— An amount received by one person from another (a) during a period while the payee was an officer of, or in the employment of, the payer, or (b) on account or in lieu of, or in satisfaction of, an obligation arising out of an agreement made by the payer with the payee immediately prior to, during or immediately after a period that the payee was an officer of, or in the employment of, the payer, shall be deemed, for the purposes of section 5, to be remuneration for the payee's services rendered as an officer during the period of employment, unless it is established that, irrespective of when the agreement, if any, under which the amount was received was made or the form or legal effect thereof, it cannot reasonably be regarded as having been received (c) as consideration or partial consideration for accepting the office or entering into the contract of employment, (d) as remuneration or partial remuneration for services as an officer or under the contract of employment, or (e) in consideration or partial consideration for a covenant with reference to what the officer or employee is, or is not, to do before or after termination of the employment. ...

Counsel for the Minister argued that Wampole was out of date, but indeed, the legislation at issue in Wampole was virtually identical to the legislation under consideration in the case at bar. ... In Standard Brands, MacLean, J. stated at page 7: Section 87(2), I think, must be held to mean that sample goods, representative of saleable goods, distributed without consideration, are liable to the tax on delivery, that is, when given away or distributed, and which for the purposes of the Act are to be deemed as sales. ... Conclusion My consideration of the Wampole case and the relevant legislative history disposes of the issue at hand. ...

The juridical nature of an amalgamation need not be determined by juridical criteria alone, to the exclusion of consideration of the purpose of amalgamation. ... The assets of one or more existing companies may be sold to another existing company or to a company newly-incorporated, in exchange for cash or shares or other consideration. The consideration received may then be distributed to the shareholders of the companies whose assets have been sold, and these companies wound up and their charters surrendered. ...