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FCA
Canada (National Revenue) v. Al Saunders Contracting & Consulting Inc., 2020 FCA 89
International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771, 2005 SCC 70, [2005] 3 S.C.R. 425, at paragraph 28). [27] Prior to 1991, part (vii) of paragraph 6(1)(b) did not refer to “reasonable allowances for travel expenses”. ... AL SAUNDERS CONTRACTING & CONSULTING INC. APPEAL DEALT WITH IN WRITING WITHOUT appearance of the parties REASONS FOR JUDGMENT BY: DAWSON J.A. ... Drouin Deputy Attorney General of Canada For The Appellant Felesky Flynn LLP Calgary, Alberta For The Respondent ...
TCC
R & S Industries Inc. v. The Queen, 2017 TCC 75
R & S Industries Inc. v. The Queen, 2017 TCC 75 Docket: 2014-3997(IT)G BETWEEN: R & S INDUSTRIES INC., Appellant, and HER MAJESTY THE QUEEN, Respondent. ... Graham” Graham J. Citation: 2017 TCC 75 Date: 20170505 Docket: 2014-3997(IT)G BETWEEN: R & S INDUSTRIES INC., Appellant, and HER MAJESTY THE QUEEN, Respondent. REASONS FOR ORDER Graham J. [1] The Respondent has brought a motion to quash the appeal of R & S Industries Inc. on the basis that the Court does not have the jurisdiction to hear the appeal. [2] In 2005, R & S transferred its business to a limited partnership called Big Eagle Limited Partnership. ...
TCC
Dean (Ana's Care & Home Support) v. M.N.R., 2012 TCC 370
Dean (Ana's Care & Home Support) v. M.N.R., 2012 TCC 370 Dockets: 2012-1027(EI) 2012-1028(CPP) BETWEEN: ANA C. ... Woods” Woods J. Citation: 2012 TCC 370 Date: 20121019 Dockets: 2012-1027(EI) 2012-1028(CPP) BETWEEN: ANA C. ... However, some principles have emerged from the cases which have been expertly summarized by Hershfield J. in a case dealing with in-home nursing care: Direct Care In-Home Health Services Inc. v The Queen, 2005 TCC 173. ...
TCC
Christian Desjardins & Nathalie St-Amour O/A Clinique St-Amour v. M.N.R., 2007 TCC 244
"Sylvio Savoie" Deputy Judge Savoie Translation certified true on this 4th day of October 2007. ... [3] On September 27, 2005, the Minister of National Revenue ("the Minister") notified the Appellant of his decision that the Worker was employed in insurable employment during the period in issue because the employment was under a contract of service within the meaning of paragraph 5(1)(a) of the Employment Insurance Act ("the Act") ... (denied) (cc) On September 20, 2005, Christian Desjardins told a representative of the Respondent that the Worker did not have to seek clients. ...
FCA
Addison & Leyen Ltd. v. Canada, 2006 DTC 6248, 2006 FCA 107
As of the hearing of this matter in the Federal Court on March 29, 2005, the Minister had not dealt with that objection. ... Canada, 2005 FCA 393. (4) Judicial review of the decision to use section 160? ... Conclusion [81] I would allow this appeal, set aside the order of the Federal Court dated March 29, 2005, and dismiss the Crown's motion to strike the application. ...
TCC
A & E Precision Fabricating and Machine Shop Inc. v. The Queen, 2012 TCC 260 (Informal Procedure)
A & E Precision Fabricating and Machine Shop Inc. v. The Queen, 2012 TCC 260 (Informal Procedure) Citation: 2012 TCC 260 Date: 20120719 Docket: 2008-6(IT)I BETWEEN: A & E PRECISION FABRICATING AND MACHINE SHOP INC., Appellant, and HER MAJESTY THE QUEEN, Respondent. ... [3] These appeals have a very lengthy history dating back to 2005 when, according to the Appellant’s Written Submissions, CRA seized property and began enforcement proceedings based on arbitrary assessments. ... [19] I am therefore awarding no costs to the Respondent, although a request of $500.00 in costs was made yesterday. ...
TCC
On-Line Finance & Leasing Corporation v. Canada, 2010 DTC 1325 [at at 4243], 2010 TCC 475
Signed at Ottawa, Canada, this 21st day of September 2010. “Diane Campbell” Campbell J. ... [28] In respect to the Appellant’s third point, that it would be prejudicial to the Appellant to allow the Respondent to rely on extrinsic evidence, while the Appellant could not, the scope of the parol evidence rule in Canada has been described as producing harsh results [John McCamus, The Law of Contracts, (Irwin Law: Toronto, 2005) at 198]. ... The Authority hereby extends a line of credit guaranteed by Canadian municipalities and eligible institutions for a term from the above date until April 1, 2005. … (Leasing Program Agreement, paragraph 1) 2. ...
FCTD
Live! Holdings, LLC v. Oyen Wiggs Green & Mutala LLP, 2019 FC 1042
Shapiro Cohen, 2005 FCA 64, at paragraphs 3-6; or 3. they can provide a copy of a license agreement that explicitly provides for the requisite control. [55] Although Mr. ... Although it is true that subsection 4(2) provides that a “trade-mark is deemed to be used in association with services if it is used or displayed in the performance […] of those services”, the Courts and tribunals, including the Trade-marks Opposition Board, have nonetheless added that such services must be effectively offered to Canadians or performed in Canada (see for example Express File Inc. v HRB Royalty Inc., 2005 FC 542 at para 20, [2005] FCJ No 667). [47] To go against this logical interpretation of the law would lead to some twisted and unfortunate consequences none of which could have been Parliament’s intent in drafting the Act. ... DATED: AUGUST 2, 2019 APPEARANCES: Mr. Gary Daniel Mr. Matthew Frontini For The Applicant None For The Respondent Mr. ...
FCTD
Merck & Co. v. Nu-Pharm Inc., 2006 FC 853
Justice Lemieux BETWEEN: MERCK & CO., INC. and MERCK FROSST CANADA & CO. ... Ralph Misener 2005 FCA 139. [29] He advances the proposition a question of mixed fact and law is subject to the standard of a palpable or overriding error unless it is clear that the Prothonotary made some extricable error in principle with respect to the characterization of the legal test, in which case, the error may amount to an error of law, citing Housen, supra and Corriveau Estate, supra ... “François Lemieux” Judge FEDERAL COURT NAME OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-753-99 STYLE OF CAUSE: MERCK & CO., INC. ...
TCC
Les Paniers P & P Inc v. M.N.R., 2008 TCC 463
Signed at Ottawa, Canada, this 28th day of August 2008. "Alain Tardif" Tardif J. ... [18] He explained that, in order to maintain and increase production, the company invested large amounts of money in 2005 to purchase modern, efficient and technologically advanced equipment so that the company could meet its objectives ... Signed at Ottawa, Canada, this 28th day of August 2008. "Alain Tardif" Tardif J. ...