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FCA

Bonnybrook Industrial Park Development Co. Ltd. v. Canada (National Revenue), 2018 FCA 136

WOODS J.A.     BETWEEN: BONNYBROOK PARK INDUSTRIAL DEVELOPMENT CO. LTD. ... MINISTER OF NATIONAL REVENUE     PLACE OF HEARING: Toronto, Ontario   DATE OF HEARING: JANUARY 9, 2018   REASONS FOR JUDGMENT BY: WOODS J.A.   CONCURRED IN BY: NEAR J.A.   DISSENTING REASONS BY: STRATAS J.A.   DATED: July 18, 2018   APPEARANCES: Justin Kutyan Thang Trieu   For The Appellant   Craig Maw Nancy Arnold For The Respondent   SOLICITORS OF RECORD: KPMG Law LLP Toronto, Ontario   For The Appellant   Nathalie G. ...
FCA

Canada v. Bowker, 2023 FCA 133

MARGO DIANNE BOWKER   PLACE OF HEARING: Vancouver, British Columbia   DATE OF HEARING: March 29, 2023   REASONS FOR JUDGMENT BY: PELLETIER J.A.   ... GLEASON J.A.   DATED: June 8, 2023   APPEARANCES: Laura Zumpano Natasha Tso   For The Appellant   Alistair G. Campbell   For The Respondent   SOLICITORS OF RECORD: Shalene Curtis-Micallef Deputy Attorney General of Canada   For The Appellant   Legacy Tax + Trust Lawyers Vancouver, British Columbia   For The Respondent     ...
FCA

Canada v. Paletta, 2022 FCA 86

THE ESTATE OF PASQUALE PALETTA     PLACE OF HEARING: TORONTO, ONTARIO   DATE OF HEARING: APRIL 4, 2022   REASONS FOR JUDGMENT BY: NOËL C.J.   ... LASKIN J.A.   DATED: May 17, 2022   APPEARANCES: Justice Malone Dina Elleithy   For The Appellant   Justin Kutyan Kelly Ng   For The Respondent   SOLICITORS OF RECORD: A. François Daigle Deputy Attorney General of Canada Ottawa, Ontario   For The Appellant   KPMG Law LLP Barristers and Solicitors Toronto, Ontario For The Respondent     ...
FCA

Galati v. Harper, 2016 FCA 39

II.                 THE DECISION UNDER APPEAL [14]            In its decision, the Federal Court noted that Mr. ... III.              ISSUES [16]            Mr. Galati and the CRC raise two issues. ... DATED: february 8, 2016 APPEARANCES: Rocco Galati   For The Appellant, ROCCO GALATI   Paul Slansky   For The Appellant, CONSTITUTIONAL RIGHTS CENTRE INC.   ...
FCA

Intermodal Container Transport Ltée v. Beauchamp, docket ITA-1716-98

Beauchamp, docket ITA-1716-98                                                                     Date: 1999                                                            Docket: IT A-1716-98 MONTRÉAL, QUEBEC, THE        DAY OF               , 1999 Present:     Mr. ... This order applies to and will be placed in file IT A-9734-98.             ... I.           Instalment sale of property [10]       An initial series of contracts involves seized property number 9: 1 green truck with rotary flange, NS/FCIN3012RW33493. [11]       This property is alleged to be the Beauchamps' by the following reasoning. [12]       It was allegedly assigned to the Beauchamps by Beau-Co Corporation Inc. ...
FCA

Ghali v. Canada, 2005 DTC 5472, 2004 FCA 60

Date: 20040212                                            Docket: A-488-01 Citation: 2004 FCA 60 CORAM:        DÉCARY J.A. ... CONCURRING:                      DÉCARY J.A.                                              ... THE QUEEN PLACE OF HEARING:                     Montréal, Quebec DATE OF HEARING:                        September 18, 2003 REASONS FOR JUDGMENT:       NADON, J.A. ...
FCA

Squamish Indian Band v. Canada (Fisheries and Oceans), 2019 FCA 216

MINISTER OF FISHERIES AND OCEANS     PLACE OF HEARING: Vancouver, British Columbia   DATE OF HEARING: April 8, 2019   REASONS FOR JUDGMENT BY: DAWSON J.A.   ... RIVOALEN J.A.   DATED: AUGUST 8, 2019   APPEARANCES: F. Matthew Kirchner Lisa Glowacki   For The Appellants   Mara Tessier Monika Bittel   For The Respondent   SOLICITORS OF RECORD: Ratcliff & Company LLP North Vancouver, British Columbia   For The Appellants   Nathalie G. Drouin Deputy Attorney General of Canada For The Respondent     ...
FCA

De Geest v. Canada, 2022 FCA 22

MONAGHAN J.A.   Date: 20220207 Docket: A-101-19 Citation: 2022 FCA 22 CORAM: WEBB J.A. ... In reassessing the appellant, the Minister allowed the following amounts as business expenses and reassessed the appellant based on the following amounts of net income/profit: Year Amount Received Expenses Allowed Net Income/Profit 2009 $246,920 $68,646   =B2-C2 $178,274 2010 $247,264 $50,773   =B3-C3 $196,491 2011 $371,962 $121,570   =B4-C4 $250,392 Total:       =SUM(ABOVE) $625,157 [5] Although the difference between the unreported revenue ($247,264) and the expenses allowed ($50,773) for 2010 is $196,491, the Tax Court Judge referred to $196,490 as the unreported net income for 2010. ... François Daigle Deputy Attorney General of Canada For The Respondent   ...
FCA

High-Crest Enterprises Limited v. Canada, 2017 FCA 88

II.                 Procedural Background [9]                The matter was heard on February 26, 2014 by a judge of the Tax Court. ... B.                 Discretion [85]            Assuming the Chief Justice has a power to reassign, he is not forced to exercise it. ... Pentney Deputy Attorney General of Canada For The Respondent   ...
FCA

Elm Ridge Country Club Inc. v. Minister of National Revenue, [1999] 3 CTC 163

Ratti write at p. 6-1 that “income from property” means [TRANSLATION] [...] the return on invested capital when neither the taxpayer entitled to it nor any of its agents has devoted much effort, time or attention to generating the income [...] ... There are two important exceptions to this principle [...] One arises where the securities held constitute an integral part of the taxpayer’s other business activities; the other, where the taxpayer’s investment activities are such that they amount in themselves to the conduct of a separate business [...] ... This presumption is very far-reaching [...] The legislature is presumed to have a mastery of existing law, both common law and statute law. as well as the case law interpreting statutes. ...

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