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TCC

267 O'Connor Limited v. The King, 2024 TCC 161 (Informal Procedure)

They cannot succeed in that purpose unless they are considered to be mandatory requirements and strictly enforced. ...
TCC

Ayoub v. The King, 2025 TCC 48

These circumstances must be taken into account, but must be considered against an objective “reasonably prudent person” standard. b) The assessment of the director’s conduct, for the purposes of this objective standard, begins when it becomes apparent to the director, acting reasonably and with due care, diligence and skill, that the corporation is entering a period of financial difficulties. c) In circumstances where a corporation is facing financial difficulties, it may be tempting to divert these Crown remittances in order to pay other creditors and thus ensure the continuity of the operations of the corporation. ...
SCC

References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, [2021] 1 SCR 175

In that case, the issue was the constitutionality of a substantially similar successor to the temperance statute that had been considered in Russell. ... If so, the charge should be considered regulatory (Westbank, at para. 32; Exported Natural Gas, at p. 1070). ... But the majority adds additional elements that were previously considered irrelevant to the national concern analysis. ...
SCC

R. v. Rafilovich, 2019 SCC 51, [2019] 3 SCR 838

Rowbotham (1988), 41 C.C.C. (3d) 1; considered: R. v. Lavigne, 2006 SCC 10, [2006] 1 S.C.R. 392; referred to: R. v. ... One of these objectives is that offenders cannot profit from their criminal conduct, and the Court of Appeal considered Mr.  ... Lavigne’s inability to pay a fine to be a factor considered by the sentencing judge when deciding whether to impose a fine instead of forfeiture. ...
SCC

Husky Oil Operations Ltd. v. Minister of National Revenue, [1995] 3 SCR 453

(dissenting): Sections 133(1) and (3) of The Workers' Compensation Act, 1979, are severable and should be considered separately. ... Considered: Deputy Minister of Revenue v. Rainville, [1980] 1 S.C.R. 35; Deloitte Haskins and Sells Ltd. v. ... Thus, allowing set-off in bankruptcy has been considered as unfairly limiting the class of relevant interests. ...
SCC

Slattery (Trustee of) v. Slattery, 93 DTC 5443, [1993] 3 SCR 430, [1993] 2 CTC 243

Considered:  Glover v. Minister of National Revenue, [1981] 2 S.C.R. 561, aff'g (1980), 29 O.R. (2d) 392; referred to:  Canadian Pacific Tobacco Co. v. ... The phrase "in respect of" was considered by this Court in Nowegijick v. ...
SCC

Irvine v. Canada (Restrictive Trade Practices Commission), [1987] 1 SCR 181

Cases Cited                      Considered: Nicholson v. Haldimand‑Norfolk Regional Board of Commissioners of Police, [1979] 1 S.C.R. 311; St. ... Staff and other agents of the authority are not considered to be a "body or authority" subject to compliance with the doctrine of fairness. ... The administrative body then received, considered, and acted upon the investigator's report. ...
SCC

Resolute FP Canada Inc. v. Ontario (Attorney General), 2019 SCC 60, [2019] 4 SCR 394

Although his analysis on this point was rooted primarily in the wording of the Indemnity, he also considered its meaning in light of the agreement as a whole and the circumstances surrounding its formation in 1985. ... Although his analysis on this point was rooted primarily in the wording of para. 1 of the Ontario Indemnity, the motion judge also considered para. 1’s meaning in light of the agreement as a whole, and with reference to the circumstances surrounding its formation in 1985. Far from excluding the context of the agreement as a whole or the surrounding circumstances from consideration, he considered them, and then simply found that neither supported an interpretation of the Ontario Indemnity that would exclude coverage for first party claims. (1)            Did the Motion Judge Err in His Appreciation of the Factual Matrix? ...
SCC

Union of New Brunswick Indians v. New Brunswick (Minister of Finance), [1998] 1 SCR 1161

Considered:  Williams v. Canada, [1992] 1 S.C.R. 877; Simpsons‑Sears Ltd. v. ... Third, the manner in which the incidence of the particular provincial tax (here the New Brunswick Social Services and Education Tax Act) falls upon the personal property sought to be taxed is to be considered.  ... Each taxation statute has to be considered in light of its particular terms.  ...
FCA

Birchcliff Energy Ltd. v. Canada, 2019 FCA 151

In such a case, whether a transaction is abusive will only become apparent when it is considered in the context of the series of which it is a part and the overall result that is achieved (Lipson, at para. 34, per LeBel J.). ...

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