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FCA
Canada v. Pomeroy Acquireco Ltd., 2020 FCA 221
Ferndale Institution, 2005 SCC 82, [2005] 3 S.C.R. 809 at para. 107. […] If the evidence fails to meet the foregoing criteria, the Court still possesses a residual discretion to admit the evidence on appeal. ... DATED: December 18, 2020 WRITTEN REPRESENTATIONS BY: Natalie Goulard Simon Vincent Charles Junior Jean For The Appellant Robert Neilson For The Respondent SOLICITORS OF RECORD: Nathalie G. Drouin Deputy Attorney General of Canada For The Appellant Felesky Flynn LLP Edmonton, Alberta For The Respondent ...
FCA
Iberville Developments Limited v. Canada, 2020 FCA 115
The amounts so allocated were included in computing the appellant's income for its 2005 taxation year. [15] In March 2005, the appellant disposed of the greater part of its interest in the partnership to a non-arm’s length corporation within the Iberville group by way of a section 85 corporate rollover, and took back shares having a value of $120,000,000. ... The certificate of dissolution was issued in June 2008. [16] The March 2005 and November 2007 dispositions of the partnership interest triggered a capital loss of $122,091,744, which the appellant reported in the return filed for its 2008 taxation year. ... As a result, the appellant was advised that there was nothing to carry back to its 2005 taxation year. ...
FCA
Chen v. Canada (Attorney General), 2025 FCA 18
PAMEL J.A. BETWEEN: WEI CHEN Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on January 22, 2025. ... REASONS FOR JUDGMENT OF THE COURT BY: RENNIE J.A. Date: 20250122 Docket: A-321-23 Citation: 2025 FCA 18 CORAM: RENNIE J.A. ... APPEARANCES: Wei Chen appellant (ON HIS OWN BEHALF) Sandra Doucette For The Respondent ATTORNEY GENERAL OF CANADA SOLICITORS OF RECORD: Shalene Curtis-Micallef Deputy Attorney General of Canada For The Respondent ...
FCA
Exida.Com Limited Liability Company v. Canada, 2010 DTC 5101, 2010 FCA 159
DAWSON J.A. TRUDEL J.A. BETWEEN: EXIDA.COM LIMITED LIABILITY COMPANY Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT NOËL J.A. [1] This is an appeal from a decision of Woods J. of the Tax Court of Canada (the Tax Court Judge) confirming the assessment of penalties against Exida.Com Limited Liability Company (the appellant) for the failure to file its tax returns for its 2003, 2004 and 2005 taxation years on the due date ... The appellants carried on business in Canada in each of the taxation years in issue (2005 only in the case of Goar), but had no taxes payable on the due date. ... “Marc Noël” J.A. “I agree. Eleanor R. Dawson J.A.” “I agree. ...
FCA
Wall v. Canada, 2021 FCA 132
On March 10, 2005, he received a building permit to construct a new house on this property. ... Canada, 2005 SCC 25; 2005 1 S.C.R. 301, Fish J., writing on behalf of the majority of the Supreme Court of Canada, noted that: 74 I would explain the matter this way. ... Wall to have occupied the homes as a place of residence. [42] For the first property, the building permit was obtained on March 10, 2005. ...
FCA
Heron Bay Investments Ltd. v. Canada, 2010 FCA 203
Appellant and HER MAJESTY THE QUEEN Respondent Heard at Ottawa, Ontario, on June 23, 2010. ... Canada, [2005] 2 S.C.R. 601, 2005 SCC 54 Not cited in reasons. 4. ... Sharlow” J.A. “I agree M. Nadon J.A.” “I agree Carolyn Layden-Stevenson J.A.” ...
FCA
Canada v. The Mark Anthony Group Inc., 2019 FCA 183
LASKIN J.A. BETWEEN: HER MAJESTY THE QUEEN Appellant and THE MARK ANTHONY GROUP INC. ... Canada, 2005 SCC 54, [2005] 2 S.C.R. 601, at para. 10). [19] Paragraph 135(2)(a) of the Act provides that subsection 135(1) (which imposes a duty on wine) does not apply to wine “produced in Canada and composed wholly of agricultural or plant product grown in Canada”. [20] As part of his analysis related to the requirement that the wine be “composed wholly of agricultural or plant product grown in Canada”, the Tax Court Judge considered all of the other ingredients there were added to create the final product that was packaged. ...
FCA
Lawyers’ Professional Indemnity Company v. Canada, 2020 FCA 90
Canada, 2005 SCC 54, [2005] 2 S.C.R. 601, the Supreme Court of Canada identified the approach to be used in interpreting statutory provisions such as the one at issue here. ... HER MAJESTY THE QUEEN PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: October 17, 2019 REASONS FOR JUDGMENT BY: MACTAVISH J.A. ... LASKIN J.A DATED: MAY 19, 2020 APPEARANCES: Mark Gelowitz Hemant Tilak Pooja Mihailovich For The Appellant Justine Malone Kaylee Silver For The Respondent SOLICITORS OF RECORD: Osler, Hoskin & Harcourt LLP Toronto, Ontario For The Appellant Nathalie G. ...
FCA
Canada v. Raposo, 2019 FCA 208
Does Not Apply in Quebec and What Should Replace It" in The Harmonization of Federal Legislation with Quebec Civil Law and Canadian Bijuralism: Second Collection of Studies in Tax Law (2005), Montréal, A.P.F.F., 2005 [Archambault]. [27] The concept of "partnership" is not defined in subsection 272.1(5) of the ETA. ... DANIEL RAPOSO PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: May 2, 2019 REASONS FOR JUDGMENT: DE MONTIGNY J.A. ... GLEASON J.A. DATED: JULY 17, 2019 APPEARANCES: Alex Boisvert Éric Labbé For the appellant Chantal Donaldson Sofia Guedez For the respondent SOLICITORS OF RECORD: Nathalie G. ...
FCA
Canada v. Green, 2017 FCA 107
DE MONTIGNY J.A. BETWEEN: HER MAJESTY THE QUEEN Appellant And JEFFREY N. ... Her Majesty The Queen, 2005 SCC 54, [2005] 2 S.C.R. 601). The Tax Court Judge concluded that the answer to the first question was yes – the business losses incurred by the lower-tiered limited partnership (the PSLPs) did retain their character as business losses in the top-tier limited partnership (MLP) and could be allocated by the top-tier limited partnership (MLP) to its partners as business losses. ...