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SCC
Medovarski v. Canada (Minister of Citizenship and Immigration); Esteban v. Canada (Minister of Citizenship and Immigration), 2005 SCC 51, [2005] 2 SCR 539
Analysis 8 The words of this statute, like any other, must be interpreted having regard to the object, text and context of the provision, considered together: E. ... Rather, he affirmed that in statutory interpretation, the search is always for the intention of the legislator, and where legislative purpose is relevant to a transitional provision, as here, it should be considered. ... The humanitarian and compassionate grounds raised by Medovarski are considered under s. 25(1) of the IRPA in determining whether a non-citizen should be admitted to Canada. ...
FCA
Canada (Attorney General) v. Zone3-XXXVI Inc., 2016 FCA 242
Prolonged set-up to a challenge should still be considered part of the challenge.” ... Even though it was not required to do so, CAVCO considered the other productions certified in the past that the respondent had submitted as evidence and found that they were different from the Production at issue in this case. [41] In any event, the Minister was justified in not taking into account past assessments of other productions, given that he had a duty to determine whether the Production was considered excluded on the sole basis of the language of the Regulations. ... Not only did he provide the reason why he considered the Production to be a game show, but the evidence shows that the respondent’s reply was duly considered. ...
TCC
ONEnergy Inc. v. The Queen, 2016 TCC 230, rev'd 2018 FCA
Traditionally, expenses that simply make the taxpayer available to the business are not considered business expenses since the taxpayer is expected to be available to the business as a quid pro quo for business income received. ... This seems to be the essence of the connection claimed, and it is very much a “but for” connection. [20] What I suggest is at issue in looking at this from a strictly textual broad interpretation of “in connection with” is whether a corporation can ever be considered to incur a “personal expense” or is every expense “in connection” with its business? ... (a) Are there any restrictions on the types of activities that may be considered to have been done in connection with the termination of a commercial activity pursuant to paragraph 141(5)(c) for the period January 1, 1991 to September 30, 1992? ...
TCC
Leigh v. The Queen, docket 96-2818-IT-G
The British Columbia law is considerably different than both the Alberta and Ontario statutes which were considered in the cases referred to. ... Calculation of interest [63] The Court is satisfied that the proper amount for the Minister to have considered in the application of the tax under section 160 of the Act was the total amount applicable to the Appellant, of the amount assessed against him by the Notice of Taxation dated June 2, 1995 for $52,662.30. ... The Court is satisfied that that case can be distinguished from the facts in the case at bar. [71] Further, the Court is satisfied that the provisions of the British Columbia Statute were significantly different from those of the Matrimonial Property Act for the Province of Alberta, which was considered by Rip, J.T.C.C. in the case of Kondrat v. ...
TCC
Hidden Valley Golf Resort Assn. v. The Queen, docket 96-859-GST-G
The Minister considered the Appellant’s application under section 281.1 of the Act for cancellation of penalty and interest relating to the Reassessment and the Minister exercised the Minister’s discretion and cancelled penalties in the amount of $7,552.12 on February 22, 1996. 33. ... Therefore, the maintenance fee has to be considered to be an exempt supply. ... It must be considered by the Court in trying to properly characterize the payment. ...
TCC
Benguaich v. M.N.R., docket 97-367-UI
She also considered the parties to have been in collusion to use the unemployment insurance system to maximize the amount of benefit payable by misrepresenting the facts on the Record of Employment and in the Unemployment Insurance Application for Benefits. ... Wrights' Canadian Ropes Ltd., contends the respondent, unless the Minister has not had regard to all the circumstances of the employment (as required by subparagraph 3(2)(c)(ii) of the Act), has considered irrelevant factors, or has acted in contravention of some principle of law, the court may not interfere. ... The evidence of Deborah Brochu illustrates that the terms and conditions of employment and the nature and importance of the work done by the appellant had been considered together with the fact the appellant had issued a non-interest bearing loan to his employer in 1990 and was being re-paid at the rate of $600.00 per month according to the information related to her in a conversation with Sara Benaim in September, 1996. ...
TCC
D'Elia v. The Queen, 2012 TCC 180 (Informal Procedure)
All things considered, residence implies a certain constancy, a certain regularity or else a certain permanence according to a person’s usual lifestyle in relation to a given place and is to be distinguished from what might be called visits or stays for specific purposes or of a sporadic nature. ... He considered it to be a conclusion of law “that has no place among the Minister’s assumed facts”. 25 I agree that legal statements or conclusions have no place in the recitation of the Minister's factual assumptions. ... [33] Paragraph (h) of the definition of “eligible individual” (for CCTB) in section 122.6 of the Act provides that: (h) prescribed factors shall be considered in determining what constitutes care and upbringing [34] These prescribed factors are set out in section 6302 of the Regulations and are as follows: 6302. ...
TCC
Burrows v. The Queen, 2005 TCC 761
Where the award was not taxable, the CCRA considered the pre‑judgment interest payable in respect of that award to be not taxable either. ... It is not considered taxable because the principal amount from which such interest arises is not taxable. ... By contrast, personal injury or death awards, workers' compensation awards and wrongful dismissal awards are considered different sources of income. ...
TCC
Peron v. M.N.R., 2005 TCC 800
The appellant said that his employer considered that the tax savings on the non‑declared income were equivalent to a raise for him. ... [31] The appellant explained that he considered the one percent of the staff's daily sales given to him out of their tips as part of his salary because it was a condition imposed by Cheers on all its employees that they hand over this amount. ... I have myself already decided in a previous case that tips distributed to an employee by an employer are to be considered insurable earnings (see Union of Saskatchewan Gaming Employees Local 40005 v. ...
TCC
Mahoney v. The Queen, docket 1999-4876-IT-G
Accordingly, that aspect of the definition of "infirmity" need not be considered. ... It will always be a question of fact as to whether the severity or duration of a poor state of health or deteriorated vitality is such as to be reasonably considered to be the cause of the dependence. ... Even in Ares witnesses were available to be questioned on statements contained in the medical records being considered in that case. ...