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FCA

Tuccaro v. Canada, 2016 FCA 259

GLEASON J.A.   BETWEEN: DAVID TUCCARO Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT GAUTHIER J.A. [1]                Mr. ... This is particularly clear when one considers that the Crown also relied on Dumont v Canada, 2005 TCC 790, 2006 D.T.C. 2160, affirmed 2008 FCA 32,where the TCC noted that Benoit clearly established that the same Treaty 8 argument was without merit. ... Pentney Deputy Attorney General of Canada For The Respondent   ...
FCA

Court v. Canada (Attorney General), 2020 FCA 199

From there, the applicant was granted leave to appeal to the Appeal Division on a question of law in accordance with paragraph 58(1)(b) of the Department of Employment and Social Development Act, S.C. 2005, c. 34. ... The EIA affords, among other things, a mechanism for providing replacement income when an interruption of employment occurs because of the birth or arrival of a child (see Reference re Employment Insurance Act (Can.), ss. 22 and 23, 2005 SCC 56, [2005] 2 S.C.R. 669 at para. 75). [49]   The right of a pregnant claimant to take time off work is governed, not by the EIA, but by employment standards and related provincial legislation (in this case, the ESA of Ontario). ... WOODS J.A.   DATED: november 16, 2020   APPEARANCES: Martha Cook   For The Applicant   James Schneider   For The Respondent   SOLICITORS OF RECORD: MARTHA COOK PROFESSIONAL CORPORATION Stratford, Ontario   For The Applicant   Nathalie G. ...
FCA

Markou v. Canada, 2019 FCA 299

LOCKE J.A.     BETWEEN:     GEORGE MARKOU     SIMONETTA OLIVANTI     WILLIAM H. ... Canada, 2005 FCA 158, [2005] 3 C.T.C. 78, leave to appeal to the S.C.C. refused, 30981 (April 20 2006) and Canada (AG) v. ...
FCA

Duque v. Canada, 2020 FCA 73

MACTAVISH J.A.   BETWEEN:     STEVE PIMENTAL DUQUE     Appellant     and     HER MAJESTY THE QUEEN     Respondent   Heard at Toronto, Ontario, on February 3, 2020. ... MACTAVISH J.A.   BETWEEN:     STEVE PIMENTAL DUQUE     Appellant     and     HER MAJESTY THE QUEEN     Respondent   REASONS FOR JUDGMENT WEBB J.A. [1]   This is an appeal from the oral judgment rendered by the Tax Court of Canada on February 8, 2019 and signed on February 12, 2019 (Docket No. 2016-3009(GST)G). ... Canada, 2005 TCC 772, [2005] T.C.J. No. 620 (QL), Bowman, ACJ (as he then was), in paragraph 10, extended this principle to assessments of director's liability under section 227.1 of the Income Tax Act and section 323 of the ETA. ...
FCA

Canada (Attorney General) v. Impex Solutions Inc., 2020 FCA 171

  […] Interpretation Interprétation de la liste des dispositions tarifaires   11. ... Canada (Minister of National Revenue), 2005 FC 681, [2006] 3 F.C.R. D-11 at 2; A&R Dress Co. ... IMPEX SOLUTIONS INC.     PLACE OF HEARING: Ottawa, Ontario   DATE OF HEARING: September 14, 2020   REASONS FOR JUDGMENT BY: LEBLANC J.A.   ...
FCA

Zeifmans LLP v. Canada, 2022 FCA 160

LOCKE J.A.     BETWEEN: ZEIFMANS LLP Appellant and HIS MAJESTY THE KING Respondent Heard at Toronto, Ontario, on September 27, 2022. ... LOCKE J.A.     BETWEEN: ZEIFMANS LLP Appellant and HIS MAJESTY THE KING Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on September 27, 2022). ... Artistic Ideas Inc., 2005 FCA 68, 330 N.R. 378 and eBay Canada Ltd. v. ...
FCA

CO2 Solution Technologies Inc. v. Canada, 2020 FCA 153

On July 31, 2020, this Court authorized Bresse syndics to act as the appellant in continuance of suit on behalf of CO2. [6] CO2 is a legal entity incorporated on June 20, 2005, pursuant to the Business Corporations Act (C.Q.R.L., c S-31.1). ... REASONS FOR ORDER: RIVOALEN J.A.   DATED: October 1, 2020   APPEARANCES: Julie Gaudreault-Martel   Appellant in continuance of suit   Anne Poirier Simon Petit   For the respondent   COUNSEL OF RECORD: BCF LLP Montreal, Quebec   Appellant in continuance of suit   Nathalie G. Drouin Deputy Attorney General of Canada Ottawa, Ontario   FOR THE RESPONDENT HER MAJESTY THE QUEEN     ...
FCA

Canada v. Bank of Montreal, 2020 FCA 82

The facts are not in dispute in this appeal. [7]   BMO arranged for financing of $1.4 billion US for the Harris Group in 2005. ... NSULC could, therefore, pay dividends on these preferred shares, and not on the common shares that had the high ACB. [13]   From 2005 to 2010, the Harris Group paid interest to LLC on the borrowed amounts. ... Canada, 2005 SCC 54 at para. 10, [2005] 2 S.C.R. 601). The role of this Court is to determine the interpretation of this provision that was intended by Parliament. [28]   Subsection 39(2) was added to the Act when the taxation of capital gains was introduced in 1972. ...
FCA

Bonev v. Canada, 2020 FCA 138

HER MAJESTY THE QUEEN   DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER: LEBLANC J.A.   ... RIVOALEN J.A.   DATED: September 4, 2020   WRITTEN REPRESENTATIONS: Roumène Bonev   For the appellant (representing himself) Julien Wohlhuter Vlad Zolia For the respondent   SOLICITORS OF RECORD: Nathalie G. Drouin Deputy Attorney General of Canada For the respondent     ...
FCA

Canada (National Revenue) v. Morris, 2009 FCA 373

The policy is set out in Canada Revenue Agency Information Circular 72-17R5, dated March 15, 2005, paragraphs 25 to 29. ... Sharlow” J.A.   “I agree.      J. Edgar Sexton J.A.”   “I agree.      ... Langley Brian Wilson   FOR THE RESPONDENTS   SOLICITORS OF RECORD:   John H. ...

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