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If it is right that the law has conferred or should in certain restrictive circumstances confer further rights on a shareholder the scope and consequences of such further rights require careful consideration. ...

   [7]                 After careful consideration, I am satisfied that paragraphs 15 and 16 of the Plaintiff's Reply to the Counterclaim should be struck on the ground that the Prothonotary's decision regarding the issue of jurisdiction raised constitutes res judicata and, therefore, that the Plaintiff is estopped from raising the same issue once again ...

In particular, the applicant sets out the following issues in its brief at paragraph 27: (a) did the Minister ignore relevant facts, take into consideration irrelevant facts or make the decision contrary to law? ...

If the applicant's health was an important factor in his case, medical documents should have been submitted, regardless of whether the parties had reached this stage of discussion. [35]            Further, I agree with the respondent that the letters from the applicant's attorneys dated April 19, 2001, and April 25, 2001, suggest that they had finished their submissions, and that there would be no additional information of significance forthcoming. [36]            In the letter dated April 19, 2001, the applicant's attorneys requested that one last point be considered by the Minister: Toutefois, et le réalisant en arrivant au bureau, le soussigné a oublié de vous mentionner un dernier point qui pourra faire l'objet d'une considération à l'égard de la décision que vous vous apprêtez à rendre. (...) ...

Rather, the Act contains both objective elements " embodied in the reasonable person language " and subjective elements " inherent in individual considerations like "skill" and the idea of "comparable circumstances". ...

It is not whether a party cannot possibly succeed at trial, it is whether the case is so doubtful that it does not deserve consideration by the trier of fact at a future trial;                                   3. each case should be interpreted in reference to its own contextual framework (Blyth) and (Feoso);                                   4. provincial practice rules (especially Rule 20 of the Ontario Rules of Civil Procedure, [R.R.O. 1990, Reg. 194] can aid in interpretation (Feoso and Collie);                                   5. this Court may determine questions of fact and law on the motion for summary judgment if this can be done on the material before the Court (this is broader than Rule 20 of the Ontario Rules of Civil Procedure) (Patrick);                                   6. on the whole of the evidence, summary judgment cannot be granted if the necessary facts cannot be found or if it would be unjust to do so (Pallman and Sears);                                   7. in the case of a serious issue with respect to credibility, the case should go to trial because the parties should be cross-examined before the trial judge (Forde and Sears). ...

Canada, [1990] 2 S.C.R. 1324, stands for the proposition that in such circumstances, a review by the Court is restricted to a consideration of jurisdictional error or patent unreasonableness in the decision of the Tribunal.              ...

Rather, the Act contains both objective elements " embodied in the reasonable person language " and subjective elements " inherent in individual considerations like "skill" and the idea of "comparable circumstances". ...

As a result, Marceau J.A. decided in the judicial review application under consideration that:                          ...the Tax Court of Canada has interpreted the word [distance] without regard to the context and, in so doing, has committed an error of law which must be reversed.                                ...

Upon consideration of the affidavit evidence and written submissions before me, I have determined that the initiation of these proceedings by statement of claim filed in the Court on January 30, 1997 was not within the time specified by s-s.135(1) of the Customs Act, and therefore the Court is without jurisdiction to consider the plaintiff's claim, or to extend the time to file the claim. ...