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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. ...

The Court finds that the Minister reviewed the evidence before him and that the decision did not rely on considerations irrelevant or extraneous to the statutory purpose (Maple Lodge Farms v. ...

Most of the hearing before the Board and virtually all of its decision were devoted to consideration of Zoha’s situation. ...

This will dissipate the equity in the house to the extent that the Minister will be unable to collect on the entire amount assessed of approximately $900,000, particularly when the costs associated with the sale of the home are taken into consideration.   ...

  [20]            Ultimately, the test is not whether a plaintiff cannot succeed at trial, but whether the case is so doubtful that it does not deserve consideration by the trier of fact at a future trial: see Ulextra Inc. v. ...

I looked at it, do these apply to him, I gave it-- tried, strong consideration.  ...

  [24]            An exemption on the basis of paragraph 16(1)(c) of the Act requires consideration of the purpose of the governing legislation in issue, in this case, the Income Tax Act, R.S.C. 1985, c. 1 (5 th  Supp.) ...

  [25]            The Assistant Director accounted for a number of considerations in his assessment of the Applicant’s assertion of financial hardship, including his net family income and the equity in his home. ...