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FCTD

Meleca v. Canada, 2020 FC 1159

His GST/HST tax debt was approximately $29,200 and pertained to outstanding liabilities for the period March 1, 2008 to December 31, 2010 and the reporting periods ending December 31, 2012 and December 31, 2013. [1] [15]   Since 2005, Mr Meleca’s position has been that he has no money to pay the CRA debts. ... CRA audited his T1 account in 2005 (for the 2001 and 2002 taxation years) and in 2013 (for the 2009 and 2010 taxation years). CRA also audited his GST/HST account in 2005 (for the period January 1, 2001 to December 31, 2002) and in 2011 (for the period January 1, 2008 to December 31, 2010). [17]   By letter dated September 9, 2015, Mr Meleca’s representative and close family friend, Mr Carl Filippazzo, wrote to CRA asking for a Remission Order for all of Mr Meleca’s tax debts. ...
FCTD

1648074 Ontario Inc. v. Akbar Brothers (pvt) Ltd., 2019 FC 1305

As stated in Vivat Holdings Ltd. v Levi Strauss & Co., 2005 FC 707: [27]   To affect the standard of review, the new evidence must be sufficiently substantial and significant. ... C.     Reasonableness [31]   It follows that the Registrar’s decision is to be reviewed on a standard of reasonableness. ... IV.   Conclusion [56]   It follows that the applicant’s appeal must succeed. ...
FCTD

Passey v. Canada (Attorney General), 2019 FC 1329

[Emphasis added] IV.   Relevant legislation and case law [24]   The Applicant applied pursuant to sections 45 and 46 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, SC 2005, c 21 [the Act]. In 2018, this statute was renamed the Veterans Well-being Act, SC 2005, c 21. ... R., 2005 SCC 54, [2005] 2 S.C.R. 601 (S.C.C.). The empowering legislation, properly interpreted, might allow an administrative decision-maker to admit material that courts would ordinarily reject as inadmissible. ...
FCTD

Anthony v. Canada (National Revenue), 2016 FC 955

Boswell" Judge   FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-956-13   STYLE OF CAUSE: DAVID ANTHONY v CANADA REVENUE AGENCY   PLACE OF HEARING: Toronto, Ontario   DATE OF HEARING: June 8, 2016   JUDGMENT AND REASONS: BOSWELL J.   DATED: august 23, 2016   APPEARANCES: Osborne G. Barnwell   For The Applicant   Laurent Bartleman   For The Respondent   SOLICITORS OF RECORD: Osborne G. ... Pentney Deputy Attorney General of Canada Toronto, Ontario   For The Respondent     ...
FCTD

Binder Capital Corp v. Canada (National Revenue), 2017 FC 642, effectively rev'd 2018 FCA 136

VDP accepted the T2 returns for the taxation years 2005 to 2012, therefore no penalties were applied with respect to those returns. ... In so reconsidering, the respondent and applicant agree that the review will include interest as it has accrued from the year ended December 31, 2005, although related to assessments of tax arising from years ended December 31, 2003 and December 31, 2004. ... Campbell" Judge   FEDERAL COURT SOLICITORS OF RECORD   Dockets: T-1478-16 AND T-1801-16   DOCKET: T-1478-16   STYLE OF CAUSE: BINDER CAPITAL CORP v MINISTER OF NATIONAL REVENUE   AND DOCKET: T-1801-16   STYLE OF CAUSE: BONNYBROOK PARK INDUSTRIAL DEVELOPMENT CO LTD v MINISTER OF NATIONAL REVENUE   PLACE OF HEARING: Toronto, Ontario   DATE OF HEARING: May 4, 2017   judgment and REASONS: CAMPBELL J.   ...
FCTD

Poitras v. Twinn, 2013 FC 910

Aalto, Esquire, Case Management Judge BETWEEN:   ELIZABETH BERNADETTE POITRAS       Plaintiff   and       WALTER PATRICK TWINN, THE COUNCIL OF THE SAWRIDGE BAND, THE SAWRIDGE BAND AND HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT       Defendants                      REASONS FOR ORDER AND ORDER   [1]                Many gallons of judicial ink have been spilled in this case as it has inched its way along since 1989 to the present.  ... It “promotes consistency, certainty and predictability in the law, sound judicial administration, and enhances the legitimacy and acceptability of the common law” (R v Bedford, 2012 ONCA 186, at para 56; see also R v Neves, 2005 MBCA 112, at para 90) ... Paragraphs 9 12 are struck but with leave to amend.   3.                   ...
FCTD

Danone Inc. v. Canada (Attorney General), 2009 FC 44

Winnicki, 2005 FC 1493, [2006] 3 F.C.R. 446), the majority found that the Federal Court has residual jurisdiction to grant a free-standing injunction even if the final disposition of a dispute is left to an administrative decision-maker and is not before the Court ... DATED:                                              January 20, 2009       APPEARANCES:   Ms. ... Deputy Attorney General of Canada   FOR THE RESPONDENTS         ...
FCTD

Domtar Inc. v. Canada, 2008 FC 1057

  « dépôt douanier »     “duty deposit” « dépôt douanier » Somme donnée en dépôt au titre du décret douanier américain ... Pelland, [2005] 1 S.C.R. 292 at paragraph 31 when the Court said the following: This analysis underlies the concern expressed by Laskin C.J. in the Egg Reference, and it arises whenever there is overlapping jurisdiction. ... Imperial Tobacco Canada Ltd., [2005], 2 S.C.R. 473 in support of their claim based upon the rule of law ...
FCTD

League for Human Rights of B'nai Brith Canada v. Canada, 2008 FC 732

  [37]            Mr. Odynsky responds that, in Oberlander v. Canada (Attorney General), [2005] 1 F.C.R. 3 (C.A.), the Federal Court of Appeal recognized that the Governor in Council “had a discretion not to revoke citizenship in the case of a person who has been determined to have misrepresented in acquiring citizenship. ... David Matas   FOR THE APPELLANT   Mr. David Gates       Ms. Barbara Jackman     Mr. ... Woychyshyn   FOR THE RESPONDENTS Her Majesty the Queen The Attorney General of Canada   FOR THE RESPONDENT Wasyl Odynsky   FOR THE RESPONDENT Vladimir Katriuk         SOLICITORS OF RECORD:   Mr. ...
FCTD

McNally v. Canada (National Revenue), 2015 FC 767

B.                  The 2005 and 2006 Programs [18]            These Programs passed muster. ... C.                  The 2009 Program [19]            This Program was audited and the charitable tax credits disallowed. ... During the cross-examination on his affidavit, he said he relied on the fact that the 2005 and 2006 Programs had been audited but not challenged. ...

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