In the context of the Supreme Court of Canada's recent Bastien decision, is there any case law in favour of listing factors in the abstract as if they are relevant and deserving of weight?
Canada (Federal), Canada
The following excerpt is from Kelly v. Canada, 2013 FCA 171 (CanLII):
In light of Bastien, the approach of listing factors in the abstract, as if they are relevant and deserving of weight in all cases, and then simply applying them to the facts of a particular case can no longer stand in light of Bastien: for such an approach, see Southwind v. Canada (1998), 1998 CanLII 7300 (FCA), 156 D.L.R. (4th) 87 (F.C.A.) at paragraphs 12 and 13.
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