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TCC (summary)

Chan v. The Queen, 2022 TCC 87 (Informal Procedure) -- summary under Subsection 162(7)

Likewise there should not be liability for the three paragraph 162(7)(a) failure to file penalties, as the defence of due diligence has been established that is, the appellant reasonably believed in a mistaken set of facts that if true would have made his act or omission to act innocent. ...
TCC (summary)

Choptiany v. The King, 2022 TCC 112 -- summary under Subsection 95(1)

. The Respondent’s egregious history of defaults and non-compliance in these appeals, that there is no alternative available that could reasonably be expected to cause the Respondent to now comply, and that this has caused prejudice to the Appellants, are reason enough to allow these appeals. ...
TCC (summary)

Gestion M.-A. Roy Inc. v. The King, 2022 TCC 144, aff'd 2024 CAF 16 -- summary under Subsection 246(1)

Smith J confirmed CRA’s inclusions in Gestion Roy’s income under s. 15(1) of the annual premium amounts paid on Gestion Roy’s policies given that it was the owner of such policies (entitling it to the cash surrender value of the policies at any time), so that it was “enriched” when the premiums were paid by R3D and indicated that it was irrelevant to this point that, in fact, Gestion Roy never received any distribution on its policies. ...
TCC (summary)

Axelrod v. The King, 2022 TCC 157 (Informal Procedure) -- summary under Supply

. It is even more evident that all aspects of Dr. Axelrod’s reconstruction, in a patient’s mouth, of a significant portion of a tooth, using appropriate filling or restorative materials, were integral components of a composite supply. ...
TCC (summary)

Bérubé v. The King, 2023 TCC 12 -- summary under Business Source/Reasonable Expectation of Profit

. Despite his unusual lifestyle and his propensity to ridicule his opponents, the appellant was a serious businessman. ...
Decision summary

Boliden Mineral AB v. FQM Kevitsa Sweden Holdings AB, 2023 ONCA 105 -- summary under Tax Indemnity

The Court found that the application judge- who had noted the contrast between the above representation, and other representations and warranties in the SPA which were limited to the knowledge of the sellers had reasonably concluded that such representation could be untrue as of the time of closing even if the prospect of reassessment was not reasonably expected by FQM. ...
TCC (summary)

3792391 Canada Inc. v. The King, 2023 TCC 37 (Informal Procedure) -- summary under Subsection 227(8)

I therefore find that the Minister was justified in assessing the penalty pursuant to section 227(8) …. ...
TCC (summary)

Garg Investments Inc. v. The King, 2023 TCC 67 (Informal Procedure) -- summary under Paragraph 256.2(3)(a)

. Similar to the Cheema decision, it is the relationship between the purchaser and the seller that is relevant to the entitlement to the NRRPR rebate, not the relationship between the co-purchasers. ...
FCA (summary)

Canada v. Bowker, 2023 FCA 133 -- summary under Subsection 152(1)

Bowker, 2023 FCA 133 under s. 162(7)(b), s. 220(3.1), Statutory interpretation- noscitur a sociis, General concepts judicial comity and Rule 147(3)(d). ...
QCQC summary

Morin v. Agence du revenu du Québec, 2023 QCCQ 2406 -- summary under Income-Producing Purpose

. It seems obvious that a reasonable businesswoman, considering only her commercial interests, would not have committed herself to such an expense. ...

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