What is the test for a judge to grant a motion for personal injury relief?
Canada (Federal), Canada
The following excerpt is from Yachimec v. Canada (National Revenue), 2010 FC 1333 (CanLII):
The power to grant relief is a discretionary, and cannot be claimed as of right. However, this power must nonetheless be exercised in good faith, in accordance with the principles of natural justice, in reliance on relevant factors without regard to irrelevant or extraneous ones (Lalonde v. Canada (Revenue Agency), 2010 FC 531, 2010 D.T.C. 5082 at para. 32)
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