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FCA (summary)
Canada v. Callidus Capital Corporation, 2017 FCA 162, rev'd 2018 SCC 47 -- summary under Subsection 227(4.1)
In his dissenting reasons, Pelletier JA referred inter alia to s. 67(2) of the Bankruptcy and Insolvency Act, which reflected an intention that “Parliament put the Crown on the same footing as unsecured creditors” in a bankruptcy” – with an exception for employee source deductions, which “is explained by the fact that source deductions are amounts which belong to the employee in question…[and] this money does not belong to the employer anymore” (paras. 73-74). ...
FCA (summary)
Wynter v. Canada, 2017 FCA 195 -- summary under Subsection 163(2)
. … The gravamen of the offence under subsection 163(2) is making of a false statement, knowing (actually or constructively, i.e., through wilful blindness) that it is false. ...
TCC (summary)
Meberatu v. The Queen, 2017 TCC 211 (Informal Procedure) -- summary under Subparagraph 8(1)(i)(iii)
. … In the circumstances, I have two choices. I can either not allow Ms. ...
Decision summary
Boettger v. Agence du revenu du Québec, 2017 QCCA 1670 -- summary under Subsection 2(1)
. … The tax motivation is a fact. This fact constitutes a backdrop to take into account respecting the trust and its actual activities. ...
Decision summary
Agence du revenu du Québec v. 9141-5315 Québec Inc., 2017 QCCQ 12233 -- summary under Subsection 223(2)
[A] document … had to be signed by each of the employees, confirming that they were familiar with the obligation…. ...
TCC (summary)
Lavrinenko v. The Queen, 2017 TCC 230 (Informal Procedure), aff'd 2019 FCA 51 -- summary under Shared-Custody Parent
. … The contrary conclusion would strain the ordinary meaning of the words “equal or near equal”. ...
TCC (summary)
Birchcliff Energy Ltd. v. The Queen, 2017 TCC 234 -- summary under Subsection 245(3)
. … I have no hesitation in concluding that the benefit sought by Birchcliff from the amalgamation was to obtain the tax attributes, the losses, of Veracel. ...
Decision summary
SAE Education Ltd v. Revenue and Customs Commissioners, [2017] EWCA Civ 1116 -- summary under University
Before going on to find that SEL did not qualify as a “college…of…a university” for UK VAT purposes, Patten LJ stated (at paras 64-65): The word "college" … denotes a group of people organised as an institution usually (but not necessarily) in the field of education. ...
Decision summary
6305521 Canada Inc. v. ARQ, 2017 QCCQ 14869 -- summary under Personal Services Business
. … It is customary that the required work is subject to detailed quotations which provided a template for detailed steps to be performed. ...
FCA (summary)
Iggillis Holdings Inc. v. Canada (National Revenue), 2018 FCA 51 -- summary under Solicitor-Client Privilege
In my view, in the circumstances of this case, [the appellants] had sufficient common interest in the transactions to warrant a finding that, in Alberta or British Columbia, the … memo is protected from disclosure by solicitor-client privilege. ...