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TCC

Lechcier-Kimel v. The Queen, 2009 TCC 371

  [14]     In the matter before me, I have considered the various interests of both parties and the public interest as described by Justice Bowie. ...
TCC

McIntyre v. The Queen, 2007 TCC 754 (Informal Procedure)

At paragraph 18, the Federal Court of Appeal said:   18 Conversely, the expenses incurred by the payer of support (either to prevent it from being established or increased, or to decrease or terminate it) cannot be considered to have been incurred for the purpose of earning income, and the courts have never recognized any right to the deduction of these expenditures (see, for example, Bayer, supra).   7          The reasoning is that while the recipient of support payments may be incurring the cost of receiving income, the same cannot be said of the payor.   8          Mr. ...
TCC

Fiducie Chantale Naud c. La Reine, 2007 TCC 649 (Informal Procedure)

In this context, the Minister is of the opinion that, due to the loss of the mother, your two dependant children are considered as having suffered mental injury within the meaning of section 494 of the Act and the death benefit that they received should not be included in the computation of their income ...
TCC

Konda v. The Queen, 2007 TCC 648 (Informal Procedure)

The activities carried out by the Appellant cannot be considered to have been continuous, regular or substantial in relation to the activities of A.L.H. ...
TCC

Thibault v. The Queen, 2007 TCC 13 (Informal Procedure)

Driedger, Construction of Statutes, 2nd ed. 1983, at page 87: Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament. [19]     I have carefully considered the evidence before me and the argument by the Appellant and Counsel for the Crown. ...
TCC

Guy Preston dba Gladiator Transport ss v. M.N.R., 2007 TCC 511

Burgess’ record through the Period is that he drove or not when he chose; he allowed McPherson to drive which was illegal and jeopardized Bronco and Preston; he created problems with Bronco; and he falsely used the “Nexxt Transportation Group LP” which was a fiction, was not a registered partnership, and falsely portrayed his business status to third parties for what he considered to be his benefit ...
TCC

Alsamman v. The Queen, 2007 TCC 224 (Informal Procedure)

I'm of the view that the appellant has made a prima facie case that the $4,000 was not connected to his business and the respondent has let no evidence to show any reason that the amount should be considered as business income. ...
TCC

Laplante v. The Queen, 2007 TCC 24

However, as the Respondent noted in the Reply to the Notice of Appeal, the aggregate of all amounts in issue is less than $50,000, and therefore, the proceedings should be considered Class A proceedings, not Class B proceedings.    ...
TCC

Mercer v. The Queen, 2007 TCC 43 (Informal Procedure)

"support amount" means an amount payable or receivable as an allowance on a periodic basis for the maintenance of the recipient, children of the recipient or both the recipient and children of the recipient, if the recipient has discretion as to the use of the amount, and             (a)         the recipient is the spouse or common-law partner or former spouse or common-law partner of the payer, the recipient and payer are living separate and apart because of the breakdown of their marriage or common-law partnership and the amount is receivable under an order of a competent tribunal or under a written agreement; or             (b)         the payer is a natural parent of a child of the recipient and the amount is receivable under an order made by a competent tribunal in accordance with the laws of a province. [3]      The law is therefore clear that, unless the support is identified in the Separation Agreement as being solely for the spouse, it will be considered a child support amount and therefore not deductible. ...
TCC

Pickett v. M.N.R., 2007 TCC 518

I’ve considered all the evidence presented, most particularly the evidence of Mr. ...

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