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As of December 10, 2015, there is no hardship “test” for applicants under subsection 25 (1); however the determination of whether there are sufficient grounds to justify granting an H&C request will generally include an assessment of hardship. Therefore, hardship continues to be an important consideration in determining whether sufficient ...
14 de dic. de 2015 · The "hardship" test in the Guidelines is not the right test [and neither is Justice Abella's approach] but it's also not irrelevant or inappropriate (paragraph 116); Sympathy is not enough (paragraph 122); and; s.25(1) calls for flexibility but also stringency and requires the decision maker to undertake a future oriented approach
28 de mar. de 2016 · As a result of the SCC decision, the hardship test is no longer to be used. The instructions regarding H&C assessments have been updated to reflect the Kanthasamy decision. To learn more, Click Here.
27 de may. de 2014 · The hardship (not being allowed to build an addition) flows from the strict application of the ordinance (the setback) and is peculiar to the property (because of the shape of the lot). A variance may be appropriate if the owner presents evidence to show she meets all of the standards.
28 de ago. de 2018 · Here are 5 Ayat to get you through hardship: 1. You may hate a thing that is good for you. I was convinced by the ayah that says: “You may dislike something although it is good for you, or like something, although it is bad for you” – Qur’an (2:216)
- Shazia Chowdhury
10 de dic. de 2015 · The hardship test is a good test in that it achieves the degree of stringency required to grant H&C relief. If an applicant can demonstrate “unusual and undeserved or disproportionate hardship”, he or she should be granted relief.
What undue hardship means is different in each circumstance. How do you know if you’ve met the undue hardship requirement? Each case is decided on its own facts, but meeting the “undue hardship” test may include a consideration of the following:
