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FCA

Dumais v. Canada (National Revenue), 2008 FCA 301

Canada (Minister of National Revenue- M.N.R.), [2005] T.C.J. No. 16, at paragraphs 73 to 75, where he recalls that workers in family businesses can earn up to 25% of their employment insurance benefits without being deprived of the protection offered by employment insurance. ... " I concur.             J.D. Denis Pelletier J.A."       Certified true translation Johanna Kratz   FEDERAL COURT OF APPEAL   SOLICITORS OF RECORD       DOCKET:                                                       A-410-07     STYLE OF CAUSE:                                      JEAN-FRANÇOIS DUMAIS v. ... Lévis, Quebec   FOR THE APPELLANT   John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT         FEDERAL COURT OF APPEAL   SOLICITORS OF RECORD       DOCKET:                                                      A-410-07     STYLE OF CAUSE:                                      CHRISTIANE DUMAIS v. ...
FCA

Pharmascience Inc. v. Teva Canada, 2022 FCA 207

Canada (Financial Transactions and Reports Analysis Centre), 2005 FC 478; and Allergan Inc. v. ... T-2182-18 and T-2183-18 DOCKET: A-159-21     STYLE OF CAUSE: PHARMASCIENCE INC. v. ... PLACE OF HEARING: Toronto, Ontario   DATE OF HEARING: October 5, 2022   PUBLIC REASONS FOR JUDGMENT BY: MONAGHAN J.A.   ...
FCA

Canada v. Papiers Cascades Cabano Inc., 2006 FCA 419

Respondent             Hearing held at Montréal, Quebec, on December 13, 2006. ...     127. (9)   127. (9)   Investment tax credit.   Crédit d’impôt à l’investissement.   ... Conclusion   [25]            For these reasons, I would allow the appeal with costs, and I would set aside the decision of the Tax Court of Canada dated June 20, 2005. ...
FCA

Canada v. United Parcel Service Canada Ltd., 2008 FCA 48

Canada, 2005 FCA 333, [2005] F.C.J. No. 1732. Thereafter, any claim for a rebate must be made by the person from whom the overpayment was collected ...  - As a GST registrant we will not claim a credit (input tax credit) for the same transaction.             ... Spiro FOR THE RESPONDENT       SOLICITORS OF RECORD:   John H. Sims, Q.C. ...
FCA

Plains Midstream Canada ULC v. Canada, 2019 FCA 57

Canada, 2005 SCC 54, [2005] 2 S.C.R. 601 [Canada Trustco] to instruct himself on how to interpret the section. ... Halifax Insurance Co., 2005 SCC 6, [2005] 1 S.C.R. 47 at paragraphs 23-26). ... On occasion, words that, at first glance, seem clear, can admit of ambiguity after broader examination: Montréal (City) v. 2952-1366 Québec Inc., 2005 SCC 62 (CanLII), [2005] 3 S.C.R. 141 at para. 10; Canada Trustco, above at para. 47. [93]   In the present matter, as I have already indicated, the judge closely examined the purpose and context of subsection 16(1) (see paragraphs 61 84 of the Judge’s reasons), and concluded that both the context and the purpose supported the view that symmetry was a necessary requirement of the provision. ...
FCA

Durocher v. Canada, 2016 FCA 299

LABONTÉ (2011-1351(IT)G) VINCENT LAGARDE (2011-1363(IT)G) ÉLISE LAGARDE (2011-1350(IT)G) PLACE OF HEARING: Montréal, Quebec     DATE OF HEARING: October 27, 2016     REASONS FOR JUDGMENT: NOËL C.J.     ... SCOTT J.A.     DATED: November 25, 2016     APPEARANCES: Louis-Frédérick Côté   For the appellants   Nathalie Labbé   For the respondent HER MAJESTY THE QUEEN   SOLICITORS OF RECORD: SPIEGEL SOHMER Montréal, Quebec   For the appellants   William F. Pentney Deputy Attorney General of Canada   For the respondent HER MAJESTY THE QUEEN     ...
FCA

Jenner v. Canada, 2008 FCA 196

Definitions (1) In section 121, this Part and Schedules V to X,     passenger vehicle has the meaning assigned by subsection 248(1) of the Income Tax Act [.]   ... The Queen, 2003 DTC 227, [2005] 2 C.T.C. 2210, para. 3. A doctor carrying out his profession in a hospital may very well carry out a business with very little of his own capital. ... “Alice Desjardins J.A.       “I concur.      Gilles Létourneau J.A.”     ...
FCA

Canada v. Rose, 2009 DTC 5076 [at at 5806], 2009 FCA 93

In February 28, 2005, Ms Rose was assessed in the amount of $15,000 under subsection 160(1); since she had given no consideration for the transfer, her liability was for the full fair market value of Mr Rose’s interest in the house. ...   [12]            On June 27, 2005, Mr Rose filed a Notice in Bankruptcy, entering “nil” opposite the heading “house” in the Statement of Affairs section of the form. ...   [13]            Later in 2005, the claim of Mr Holyoak was resolved through mediation and Ms Rose transferred the title to the house back into their joint names. ...
FCA

Dundurn Street Loffts Inc. v. Canada, 2011 FCA 288

Alexander Street Lofts Development Corp., [2005] G.S.T.C. 141 (Ont. S.C.J ... "David Stratas" J.A.       “I agree      John M. Evans J.A.” ... Stelmaszynski FOR THE APPELLANTS   Suzanie Chua FOR THE RESPONDENT     SOLICITORS OF RECORD:     Myles J. ...
FCA

Salt Canada Inc. v. Baker, 2020 FCA 127

Canada, 2005 SCC 54, [2005] 2 S.C.R. 601 at para. 10; and in this Court see Entertainment Software Assoc. v. ... Northstar Tool, 2005 FC 573, 39 C.P.R. (4th) 299. But these cases simply affirm Lawther and its flawed analysis without citing the Supreme Court’s controlling authority in Kellogg or any of the jurisprudence listed above. [31]   Even if Kellogg did not exist or apply, I would decline to regard Lawther as good law. ... Swanson   For The Respondent   SOLICITORS OF RECORD: McMillan LLP Toronto, Ontario   For The Appellant   Miller Thomson LLP Calgary, Alberta   For The Respondent     ...

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