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FCTD

Domtar Inc. v. Canada, 2008 FC 1057

The Plaintiffs also allege that the SLA and the SLPECA were motivated by political considerations. ...
FCTD

Humby v. Canada, 2013 FC 1136

In Anns v Merton London Borough Council, [1978] AC 728 (HL), the House of Lords sets out a two-step analysis to determine the existence of a duty of care: (a)        Whether there is sufficient relationship of proximity such that carelessness on the part of one party may likely cause damage to the other, in which case a prima facie duty of care arises; and (b)        If the answer to (a) is yes, whether there are any considerations which ought to negative or limit the scope of the duty of the class of person to whom it is owed or the damages to which a breach of it may give rise ...
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. ...

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