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FCA (summary)

Canada v. Pomeroy Acquireco Ltd., 2021 FCA 187 -- summary under Section 54

A court should give significant consideration to amendments which further the ability of the trial court to determine the questions in controversy …. ...
FCA (summary)

McNeeley v. Canada, 2021 FCA 218 -- summary under Regulations/Statutory Delegation

In finding that it was an EBP, he cited (at para. 29) Oldman for the proposition that “[o]rdinarily an Act of Parliament must prevail over inconsistent or conflicting subordinate legislation,” and then stated (at para. 30): In this case, it is not possible to reconcile the two provisions as they apply to the D2L Employee Trust. ...
FCA (summary)

Canada (Attorney General) v. Iris Technologies Inc., 2021 FCA 223 -- summary under Subsection 244(9)

The judge found that the affidavit contained no express statement to that effect nor did it implicitly establish that requirement …. ...
FCA (summary)

Canada (Attorney General) v. Iris Technologies Inc., 2021 FCA 223 -- summary under Evidence

The reliability criteria is satisfied only if the contents of the document sought to be admitted into evidence are trustworthy by reason of the way the document came into existence and the circumstances allow the judge to assess its reliability …. ...
FCA (summary)

Westcoast Energy Inc. v. Canada, 2022 FCA 57 -- summary under Subparagraph 170(1)(b)(ii)

. [G]iven that the appellant did not acquire the services, it could not provide them as in kind benefits. ...
FCA (summary)

Carvest Properties Limited v. Canada, 2022 FCA 124 -- summary under Land

[C]onsistent with Nash the first step is to identify the property to be valued [i.e., each “condo” unit]. ...
FCA (summary)

Soulliere v. Canada, 2022 FCA 126 -- summary under Subsection 323(5)

In rejecting this submission, Gleason JA stated (at paras. 15, 24): On its plain meaning, a deeming provision does not constitute an “election” or “appointment” …. ...
FCA (summary)

Canada v. Dr. Kevin L. Davis Dentistry Professional Corporation, 2023 FCA 76 -- summary under Section 5

. It is highly unlikely that Parliament would explicitly provide that any supply of an orthodontic appliance is zero-rated if the intention is that the supply is restricted to the wholesale level. ...
FCA (summary)

Chen v. Canada, 2023 FCA 146 -- summary under Recipient

What mattered at the time was “the relationship of the person acquiring the [house] to the builder—one of purchase and sale—[…], not the relationship between co-purchasers” (Cheema at para. 94). ...

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