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TCC

Ellaway v. The Queen, 2019 TCC 118

Introduction [1]   This is an appeal by Doctor Mary Ruby Ellaway (the Appellant ”) against the reassessment of her 2016 taxation year (the Taxation Year ”) by notice of reassessment dated September 12, 2017 (the Reassessment ”). ... Facts [2]   At the commencement of the hearing the parties tendered a Statement of Agreed Facts (the SAF ”), which states as follows: 1.   ... The assumptions of fact that are not explicitly addressed in the SAF are as follows: a)   The Appellant is an Australian citizen. b)   The Appellant had a work permit in 2003 to 2005 allowing her to work in Canada. c)   Before February 3 rd, 2016, the Appellant kept no residential ties with Canada.... [4]   These assumptions of fact are to be accepted by the Court as true unless the Appellant demolishes the assumptions. [1] [5]   The Appellant testified that she left Australia on February 2, 2016 and arrived in Canada on February 3, 2016 to take up employment as a doctor. ...
FCTD

Milad v. Canada (Citizenship and Immigration), 2019 FC 1409

Canada (Minister of Citizenship and Immigration), 2005 FC 914, it was found that a moratorium on removals to DRC does not in and of itself prevent an application made on humanitarian and compassionate grounds from being denied. ... MILAD v THE MINISTER OF CITIZENSHIP AND IMMIGRATION   PLACE OF HEARING: Toronto, Ontario   DATE OF HEARING: November 5, 2019   REASONS FOR JUDGMENT AND JUDGMENT: KANE J.   DATED: November 12, 2019   APPEARANCES: Melissa Keogh    For The Applicant   Leanne Briscoe   For The Respondent   SOLICITORS OF RECORD: LEE & COMPANY Barristers and Solicitors Toronto, Ontario   For The Applicant     Attorney General of Canada Toronto, Ontario   For The Respondent     ...
TCC

Pekofsky v. The Queen, 2014 DTC 1151 [at at 3487], 2014 TCC 183 (Informal Procedure)

The Queen, 2014 DTC 1151 [at at 3487], 2014 TCC 183 (Informal Procedure)         Docket: 2013-421(IT)I BETWEEN: Carrie Pekofsky, Appellant, and HER MAJESTY THE QUEEN, Respondent.   ... “Lucie Lamarre” Lamarre J.       Citation: 2014 TCC 183 Date: 20140603 Docket: 2013-421(IT)I BETWEEN: Carrie Pekofsky, Appellant, and HER MAJESTY THE QUEEN, Respondent.   ... Pentney Deputy Attorney General of Canada Ottawa, Canada     [1]           In court, the appellant said that she also claimed the credit for the 2009 taxation year. ...
TCC

Hunt v. The Queen, 2018 TCC 193, aff'd on narrower grounds 2020 FCA 118

The Appellant argues only that the tax rate was not set by Parliament but is determined by the Minister alone resulting in a delegation of tax authority to the Minister. [22]   Frankly, I do not agree with the Appellant or any of its reasons in support of its position. [23]   Firstly, the Appellant argues that the principle of statutory interpretation that must be applied is that of the textual, contextual and purposive approach enunciated by the Supreme Court of Canada in Canada Trustco Mortgage Co. v Canada, [2005] 2 S.C.R. 601, 2005 SCC 54 (“ Canada Trustco ”) at paragraphs 10 and 11: 10   The interpretation of a statutory provision must be made according to a textual, contextual and purposive analysis to find a meaning that is harmonious with the Act as a whole.   ... C.   Conclusion [95]     For the above reasons, I find that the answer to both questions within this Motion is No. ... Drouin Deputy Attorney General of Canada Ottawa, Canada     ...
TCC

Reakes Enterprises Ltd. v. The Queen, 2006 TCC 295 (Informal Procedure)

On January 27, 2005 they transferred it to R.E.L. (Exhibits A-11 and A-10). ... Kwan Counsel for the Respondent: Marla Teeling COUNSEL OF RECORD:        For the Appellant:                    Name:                              Denny W.F. Kwan                    Firm:                                Fraser Milner Casgrain LLP        For the Respondent:                     John H. ...
TCC

Habiba v. M.N.R., 2015 TCC 159

A review of Exhibit A‑2 shows that there is reference to Cook ˮ or French Cook. ... M.R.N., 2005 FCA 334, para. 11), namely: i.        The performance of work; ii.       ... Canada (Minister of National Revenue), 2005 FCA 334.... [43]        In short, in my opinion there is no antinomy between the principles of Quebec civil law and the so-called common law criteria used to characterize the legal nature of a work relationship between two parties. ...
TCC

Johnson v. The Queen, 2014 DTC 1097 [at at 3185], 2014 TCC 84 (Informal Procedure)

Miller J.           Citation: 2014TCC84 Date: 20140318 Docket: 2013-1231(IT)I BETWEEN: NEIL JOHNSON, Appellant, and   HER MAJESTY THE QUEEN, Respondent.   ... Lovie’s investigation related to the 2002 to 2005 years, inclusive. [10]         Pursuant to search warrants issued during the investigation, Ms. ... The Minister was justified in reassessing the Appellant beyond the limitation period. [35]         The appeal is dismissed.            ...
FCTD

Gupta v. Canada (Citizenship and Immigration), 2019 FC 1270

II.   The Visa Application and Decision at Issue A.   Mr. Gupta’s Visa Application [4]   Mr. ... Gupta’s application also included travel history information, including information that he obtained from the Canada Border Services Agency (CBSA) in response to a request under the Access to Information Act, RSC 1985, c A-1, showing travel to Vancouver in May 2005 and May 2006. ... DATED: October 8, 2019   APPEARANCES: Anupam Gupta   ON HIS OWN BEHALF   Camille Audain   For The Respondent   SOLICITORS OF RECORD: Attorney General of Canada Toronto, Ontario For The Respondent     ...
FCTD

Arksey v. Canada (Attorney General), 2019 FC 1250

In a decision dated September 11, 2018, the Appeal Division refused her application for leave to appeal because the appeal had no reasonable chance of success. [15]   The Appeal Division noted that it could not intervene in a General Division decision unless the decision contained one of the types of errors set out in subsection 58(1) of the Department of Employment and Social Development Act, SC 2005, c 34 [the DESDA]. ... IV.   Conclusion [37]   In short, the Appeal Division’s reasons for refusing Ms. ... DATED: October 2, 2019   APPEARANCES: Sonya Arksey   For The Applicant (ON HER OWN BEHALF)   John Unrau   For The Respondent   SOLICITORS OF RECORD: Attorney General of Canada Ottawa, Ontario   For The Respondent     ...
FCTD

Anglehart Sr. v. Canada, 2012 FC 1205

The normal procedure is to bring a motion to strike such that “t he party who produced the affidavit can adequately respond by serving and filing a respondent record” (Burns Lake Native Development Corp v Canada (Commissioner of Competition), 2005 FCA 256 at para 13) ... In Sawridge Band v Canada, [2000] FCJ 192 (reproduced in Armstrong v Canada (AG), 2005 FC 1013 [Armstron g]), Justice Hugessen explained as follows at paragraphs 5 and 6:.  . . ... It follows that the Minister exceeded his power under the Act by issuing a 2005 snow crab fishing licence to the AGFA in exchange for a payment of $1,900,000 to be used to finance the DFO’s additional activities from the moneys that the AGFA has in turn obtained from the licensees who were designated as operators under the AGFA licence (emphasis added) ...

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