What factors will the Court consider when determining whether to grant leave for a company to appeal against a finding of unfair dismissal?
Canada (Federal), Canada
The following excerpt is from Safa Enterprises Inc. v. Imperial Tobacco Company Limited, 2013 CACT 19 (CanLII):
[9] Factors that are relevant in determining whether to grant leave include the company’s ability to afford a lawyer, the complexity of the legal issues, the ability of the proposed representative to handle the matter expeditiously; and whether the proposed representative will appear as both advocate and witness (The Commissioner of Competition v. Fabutan Corporation, 2005 Comp. Trib. 45).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the effect of the Court of Appeal's finding that a motion to dismiss the indictment was dismissed during the pendency of the appeal on the suppression issue? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the standard of "substantive reasonableness" used by the Court of Appeal to determine whether a factor relied on by the sentencing court was unreasonable? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused? (MultiRegion, United States of America)
