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FCTD
Makivik Corporation v. Canada (Environment and Climate Change), 2019 FC 1297
For instance, the Nunavut Land Claims Agreement, SC 1993, c 29 provides rights and responsibilities to Hunters and Trappers Organizations [HTO] for the harvesting of polar bears. ...
FCTD
Wasylynuk v. Canada (Royal Mounted Police), 2020 FC 962
British Columbia (Superintendent of Brokers) (1993), 77 B.C.L.R. (2d) 145 (CA)] and Malmo-Levine [Adriaanse v. ...
FCTD
Responsible Plastic Use Coalition v. Canada (Environment and Climate Change), 2023 FC 1511
The Applicants rely on the decision in R v Mortgentaler, [1993] 1 S.C.R. 462 at p 463 in which the Supreme Court of Canada stated that “[a]n intervener is not entitled... to widen or add to the points in issue.... ...
FCTD
Canadian Pacific Railway Company v. Canada, 2021 FC 1014
For that reason it is not possible for this parliament to make the Canadian Pacific main line subject to taxation, nor is it possible for the provincial legislatures to do so. [199] CPRC also points out that Minister Pickersgill made a similar statement in his 1993 memoir (JW Pickersgill, Seeing Canada Whole: A Memoir (Markham: Fitzhenry & Whiteside, 1994), at 711-712): The perpetual exemption from local taxation on its Historic Main Line was included in the contract of 1881 between the company and the Crown. ... As noted by Justice Iacobucci in his decision for the majority in Symes v Canada, [1993] 4 S.C.R. 695, 110 DLR (4th) 470 [Symes], the test to determine profit under s 9(1) is to be calculated in accordance with “well accepted principles of business (or accounting) practice” or “well accepted principles of commercial trading” (at 723). [480] Canada provides a number of sources indicating that both the plain and ordinary meaning of “profit”, as well as legal definitions, generally define the term as the excess of revenue over expenses (see The Canadian Oxford Dictionary, 2nd ed, sub verbo “profit”; Black’s Law Dictionary, 11th ed, sub verbo “profit”). [481] Justice Iacobucci expanded on his comments above as set out in Symes on the calculation of income and profit in Canderel Ltd v Canada, [1998] 1 S.C.R. 147, 155 DLR (4th) 257. ... For instance, Canada notes that Prothonotary Hargrave held in Fraser Shipyard & Industrial Centre Ltd v Expedient Maritime Co (1999), 170 FTR 1, [1999] FCJ No 947 (TD) [Fraser], rev’d in part, 170 FTR 57, [1999] FCJ No 1212 (TD), that fuel aboard a ship which was subject to a mortgage claim did not constitute an appurtenance in respect of the claim, and was not subject to a priority claim against the fuel supplier. [576] Fraser relied on the United Kingdom case in Den Norske Bank et al v Owners of the Ships Eurosun and Eurostar, [1993] 1 Lloyd’s Rep 106 (QB Adm), in which Justice Sheen held that a mortgage on a ship and its appurtenances did not include the ship’s fuel. ...
FCTD
Begum v. Canada (Citizenship and Immigration), 2017 FC 409
Reasons must address the major points in issue, set out the reasoning process, and reflect consideration of the main relevant factors: VIA Rail Canada Inc v Lemonde, [2000] FCJ No 1685 at para 22. (1) Section 7 of the Charter [88] The Intervenors submit that the IAD erred by failing to engage in the proper two-stage analysis set out in Rodriguez v British Columbia (Attorney General), [1993] 3 S.C.R. 519 at para 148 [Rodriguez], which requires: addressing the position that there was a deprivation of the right to life, liberty or security of the person with respect to the applicant; and assessing whether any deprivation is contrary to the principles of fundamental justice. ...
FCTD
Benoit v. Canada, 2002 FCT 243
Beaulieu received his Doctorate in History from the Université Laval in 1993. ... Levogiannis, [1993] 4 S.C.R. 475, at p. 487). Rather, they are animated by broad, flexible principles, applied purposively to promote truth-finding and fairness. ...