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FCTD

Tailleur v. Canada (Attorney General), 2015 FC 1230

The Attorney General contends that, in determining whether a federal institution has taken reasonable measures, consideration must be given to the bilingual nature of the position of an employee whose duties and tasks require the use of French and English. ...
SCC

Nicholls v. Cumming, (1877) 1 SCR 395

.: — La question soumise à la considération de cette Cour ayant été réglée par la 40 Vict. [98], et n ’ ayant par conséquent plus aucun intérêt pour l ’ avenir, je crois devoir, surtout après les savantes dissertations de mes honorables collègues, me limiter à indiquer brièvement les motifs pour lesquels je concours dans ce jugement. ...
SCC

Bisaillon v. Keable, [1983] 2 SCR 60

Consideration of these circumstances as a whole [page 83] led the Judge below to conclude that the incident was an isolated one which indicated neither bias nor hostility. ...
SCC

Windsor (City) v. Canadian Transit Co., 2016 SCC 54, [2016] 2 SCR 617

Our conclusion is informed by three considerations: (1) a historical overview of the Federal Court’s jurisdiction; (2) the irrelevance of the “essence of the claim” to determine whether the Federal Court has jurisdiction; and (3) the application of all three steps of the ITO —International Terminal Operators Ltd. v. ...
TCC

Kaul v. The Queen, 2017 TCC 55

In fact, that is precisely what the Court of Appeal had intended in describing, at paragraph 72 in Westerhof, the obiter comments made by the trial judge in Burgess (Litigation Guardian of) v  Wu (2003), 68 OR (3d) 710 (SC) as follows: … the trial judge differentiated between physicians' opinions formed at the time of treatment- which involve making a diagnosis, formulating a treatment plan and making a prognosis ("treatment opinions")- and opinions formed for the purpose of assisting the court at trial and based on consideration of information from a variety of sources ("litigation opinions"). ...
TCC

MacDonald v. The Queen, 2017 TCC 157, rev'd 2018 FCA 128, which was aff'd in turn by 2020 SCC 6

In that case, the Exchequer Court of Canada noted that the nature and quantity of the subject matter was a relevant consideration as to whether a transaction is an adventure in the nature of trade; in addition, the fact that a transaction is isolated or unique is not a test as to whether it is an adventure in the nature of trade: indeed, it may be, on the contrary, “a very important factor” (Taylor, supra at 1137). ...
TCC

Ngai v. The Queen, 2018 TCC 26

Chow, on behalf of his client, Jennifer Chan; [135] d)     subject to the applicable rules in the ITA and the Income Tax Regulations, [136] the cost of the Canon camcorder and accessories purchased from Future Shop on August 11, 2006 is to be taken into consideration in calculating the undepreciated capital cost to Mr. ...
TCC

Semenov v. The Queen, 2018 TCC 58

ISSUES [2]   The issues for consideration in these Appeals are: a) Whether certain bank account deposits (the “Subject Deposits”) in various bank accounts of Mr. ...
SCC

Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55, [2018] 3 SCR 481

This understanding of the concept of interest thus calls for consideration of the substantive law on which the cause of action is based. ...
TCC

Kaul v. The Queen, 2019 TCC 17

But as noted earlier, they did not: (1) they did not refer to prior sales of the property; (2) there is no reference to providence; (3) there was multiples of the same print bought and dated; (4) there was no reference to the price paid by the donors; (5) the use of the art was not considered; and (6) no consideration was given to the impact of the flooded market place. [91]   It cannot be overlooked that the Ro Gallery was a source of much of the appraisal information used by Yeomans and Rosoff in assessing the fair market value of the art. ...

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