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TCC

Leckie Morel v. The Queen, 2007 TCC 109

Whatever the appellant's various procedural mistakes in this case, the stubborn fact remains that her claim to commissions worth $300,000 has simply never been properly considered and adjudicated. [5]      In Toronto (City) v. ...
TCC

Foss v. The Queen, 2007 TCC 201

A perusal of the pleadings leads me to agree, and I shall so order. [4]      The other two objects of the motion are best considered in light of the specifics of paragraphs 9 and 10 of the respondent's 14-page Reply, so I shall reproduce those two paragraphs in their entirety. 9.          ...
TCC

The Toronto-Dominion Bank v. The Queen, 2009 TCC 264

Canada [6] summarized the principles to be considered when reviewing whether a taxpayer exercised due diligence. ...
TCC

Ragsdale v. The Queen, 2008 TCC 232 (Informal Procedure)

As well the Respondent has agreed that the appropriate factor to be considered when determining the percentage use of a vehicle is the number of kilometres driven. ...
TCC

853998 Ontario Inc. op B & B Express v. M.N.R, 2008 TCC 196

The Minister of National Revenue, 87 D.T.C. 5025, which looks at (1) control; (2) ownership of tools; (3) chance of profit; and (4) risk of loss as factors to be considered when making such an assessment. ...
TCC

Rayner's Auto Sales v. The Queen, 2008 TCC 446 (Informal Procedure)

The Queen, 2005 DTC 1436, distinguished gross negligence from ordinary negligence at paragraph 11:   In drawing the line between “ordinary” negligence or neglect and “gross” negligence a number of factors have to be considered. ...
TCC

Calogeracos v. The Queen, 2008 TCC 389 (Informal Procedure)

Both the purpose and the effect of the legislation must be considered in determining the appropriate comparison group or groups. ...
TCC

Miotto v. The Queen, 2008 TCC 128

Kirkland (1856), 5 U.C.C.P. 452, a similar provision in the Railway Act was considered — 14 & 15 Vict. ch. 51, sec. 19, afterwards C.S.C., ch. 66, sec. 80, and still in the Railway Act, R.S.C. 1906, ch. 37, sec. 98. ...
TCC

Fanshawe College of Applied Arts v. The Queen, 2006 TCC 652

The Minister considered the Appellant's Notice of Objection and issued a Notice of Decision dated September 10, 2002 disallowing the objection and confirming the assessment. [...] ...
TCC

M R Martin Construction Inc. v. M.N.R., 2006 TCC 196

The evidence of these witnesses supports my conclusion from the facts, that there were additional duties which the Worker performed throughout her period of employment which were not considered by the Minister. ...

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