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TCC (summary)

Promised Land Ministries v. The Queen, 2019 TCC 145, 2019 TCC 282 -- summary under Paragraph 188.2(2)(a)

She concluded (at para. 73): [T]he breach justifies the lesser sanction of the Suspension especially since there has been repeated non‑compliance involving receipts for expense amounts for activities outside Canada, it could only account for half of such expenses and the production of documentation and such receipts were not timely and the fact remains that PLM has still not produced all such receipts ...
TCC (summary)

Promised Land Ministries v. The Queen, 2019 TCC 145, 2019 TCC 282 -- summary under Subsection 230(2)

She concluded (at para. 73): [T]he breach justifies the lesser sanction of the Suspension especially since there has been repeated non‑compliance involving receipts for expense amounts for activities outside Canada, it could only account for half of such expenses and the production of documentation and such receipts were not timely and the fact remains that PLM has still not produced all such receipts …. ...
Decision summary

National Car Parks Ltd v Revenue and Customs, [2019] EWCA Civ 854 -- summary under Consideration

A customer pays for parking in a car park of the appellant (NCP) by going to the ticket machine which, on its tariff board, displays a price for one hour of £1.40 but also states that change is not given but overpayments are accepted. ...
FCA (summary)

Canada v. Raposo, 2019 FCA 208 -- summary under Subsection 272.1(5)

He noted that not respecting the void character under the Civil Code of a partnership contract for carrying out an illegal activity would have the “absurd consequence” that, on the one hand, the taxpayer would be held liable for the entirely of the uncollected GST of the unlawful activity, whereas, on the other hand, “given the illegality of those activities, the taxpayer would not have any recourse to reclaiming, from the co-debtors, their respective portion of the total debt before a civil court” (para. 37). ...
TCC (summary)

Moose Factory Restaurant Properties Ltd. v. The Queen, 2019 TCC 156 -- summary under Paragraph 39(1)(c)

After quoting (at para.55) the statement in Sattva that “While the surrounding circumstances are relied upon in the interpretive process, courts cannot use them to deviate from the text such that the court effectively creates a new agreement,” noting (at para. 66) that “For a debt to be incurred, there must be an obligation to pay the amount of the debt,” and further noting (at paras. 69-70) that under “the common law doctrine of contribution as it applies to the payment of a debt by a joint debtor ‘[i]f a debtor pays more than his equal share, he has a right to contribution in respect of the excess’,” Owen J stated (at paras. 77-78): [T]he evidence is that as of July 31, 2010 the Appellant had paid no amount in respect of the principal amount of the Second Loan to BDC or to any other person for the benefit of 1207330. ...
Decision summary

Agence du revenu du Québec v. Teitelbaum, 2019 QCCA 1408 -- summary under Subsection 70(3)

. In sum, I am of the view that the debt claim bequeathed to the Taxpayer was transferred to her on November, 12, 2008, being the date of death of Mr. ...
TCC (summary)

SPE Valeur Assurable Inc. v. The Queen, 2019 TCC 174 -- summary under Subsection 24(2)

. It is clear that, in the files in this case, the principles enunciated in the Jarvis case were followed. ...
TCC (summary)

SPE Valeur Assurable Inc. v. The Queen, 2019 TCC 174 -- summary under Section 8

She also noted (at para. 63): Brown [2013 FCA 111] determined that documents seized in a criminal search could be admitted into evidence on the appeal of an assessment. ...
TCC (summary)

Wardlaw v. The Queen, 2019 TCC 199 -- summary under Subsection 163(2)

As a result the penalty is in fact higher than 50%. As was pointed out [in McLeod v. ...
Decision summary

Denis v. Agence du revenu du Québec, 2019 QCCQ 6708 -- summary under Subparagraph 45(1)(a)(ii)

. [N]o transformation or modification of much significance was made to the Triplex in order for the three units to be linked in some manner to each other. ...

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