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TCC
Myrdan Investments Inc. v. The Queen, 2013 TCC 168
[12] The respondent further argues that it was “entirely reasonable” to test the evidence regarding the truck at trial since the respondent considered that Mr. ... I do find, however, that the dispute resolution process was undermined through considered inaction. ...
TCC
Gélinas v. M.N.R., docket 96-2046-UI
Dupont’s version must also be considered. During the periods at issue, he worked mainly for the Société d’exploitation des ressources de la vallée. ... Savard and Gina Thériault went “very calmly”; he did not complain about the way it was conducted. [28] Furthermore, the appellant acknowledged that the version of her work for the payer attributed to her by Serge Picard, the investigator from the Department of Human Resources Development, differed from the version given at the hearing. [29] All things considered, I prefer Mr. ...
TCC
Spannier v. The Queen, 2013 TCC 40 (Informal Procedure)
[15] The Province of British Columbia considered the Appellant to have been resident in British Columbia in 2008 for the purposes of its Medical Services Plan. ... [29] The question of the meaning of “principal place of residence” in paragraph 6(6)(a) has previously been considered by this Court. ...
TCC
Select Travel Inc. v. The Queen, 2013 TCC 93 (Informal Procedure)
[4] Additional materials (although not necessarily relevant nor properly produced at the Hearing by the Appellants) were, with the consent of the Respondent, received and considered by the Court subsequent to the Hearing. ... [18] In deciding this procedural matter, the Court considered the arguments of the parties and indicated its strong inclination that the request for the amendment to insert the section 8 Charter violation arose primarily due to the negligence of the Appellants’ agent in preparing his Notice of Appeal. ...
FCTD
Couprie Fenton Inc. c. Canadian National Railway Company, 2006 FC 1418
Accordingly, and even though Kenrick Sproule says that he considered this situation based on Exhibit E appended to his affidavit dated October 6, 2006, it is appropriate under subsections or paragraphs 400(1), (3), (3)(o), (4) and (6)(c) of the Rules to reduce the amount claimed under Exhibit E to $8,000.00 and to award under these same rules the amounts claimed under Exhibits F and G of the same affidavit, namely a total of $11,477.09 in costs. [41] Accordingly, an order will be issued. ... Plaintiff and THE CANADIAN NATIONAL RAILWAY COMPANY Defendant MOTION IN WRITING CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES REASONS FOR ORDER: PROTHONOTARY MORNEAU DATED: November 23, 2006 WRITTEN SUBMISSIONS: J. ...
FCTD
Canada (Minister of National Revenue) v. Middleton, 2006 FC 455
U-Compute, 2005 FC 1644, the Court identified three factors to be considered in imposing a penalty for contempt, at paragraph 76: 76. ... No. 341, this Court summarized the relevant factors to be considered in framing a penalty. ...
FCTD
Sherman v. Canada (Canada Customs and Revenue Agency), 2006 FC 715
This issue will be considered next. Is Ms. Sherman's Application for Judicial Review Premature? ... There is also the possibility that the tribunal may end up modifying its original ruling as the hearing unfolds. [41] As to what may be considered to be "special circumstances", Justice Sharlow gave the following examples in Canada (Canadian Human Rights Commission) v. ...
FCTD
Canada (Attorney General) v. Yukon (Whitehorse International Airport), 2006 FC 1326
In particular, I have considered the importance of the question and its applicability to numerous future cases, and the relative lack of expertise of the Appeal Panel on questions of statutory interpretation. 12 The Tribunal must make a correct interpretation of the Act on this issue and so, in this sense, the question goes to the jurisdiction of the Civil Aviation Tribunal. ... [24] The application of criminal law doctrine to the regulatory regime created under the Act was previously considered by the Federal Court of Appeal in Boyd v. ...
FCTD
Mann v. Canada (National Revenue), 2006 FC 1358
Each of these will be considered in turn. Was Mr. Mann in Default of his Obligation to File a 2005 Tax Return? ... This issue will be considered next. Should the Jeopardy Order be Continued? ...
FCTD
Husky Oil Limited v. Canada, docket T-72-87
The paragraphs above referred to from his decision clearly indicate that he fully considered the relevant provisions of the Act. ... Randa 8, the Court considered the application of the limitation period commencing either upon the deposit of the post-dated cheques or from their maturity dates. ...