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SCC

Atlantic Smoke Shops Ltd. v. Conlon and Attorney-General for Quebec, [1941] SCR 670

It is argued as well that s. 5 of the New Brunswick statute contravenes s. 121 of the B.N.A. ...
TCC

Husky Oil Operations Limited v. The Queen, 2019 TCC 136

In determining the Appellant’s tax liability for the 2004 taxation year, the Minister made the following assumptions of fact:… j)   HOOL holds a 99% interest in HOLP. k)   The remaining 1% interest in HOLP is held by HOIRC, a wholly-owned subsidiary of HOOL…. p)   HOOL’s resource activities on certain producing properties are carried out through HOLP. [38]   Subparagraphs 5(a) and (b) of the Amended Reply purport to admit facts that go beyond those actually pleaded in paragraph 7 of the Notice of Appeal, such that they contravene the principles enunciated in Xu and Strother. [37] In other words, those subparagraphs purport to admit facts that were not alleged by HOOL in paragraph 7 of the Notice of Appeal. ...
FCTD

Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration), 2019 FC 1126

During the hearing, CARL abandoned that request. [30]   For the record, I will note that CARL also abandoned its position that the JGs contravene s. 7 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, and s. 2(e) of the Canadian Bill of Rights, SC 1960, c 44. ...
FCTD

British Columbia (Attorney General) v. Alberta (Attorney General), 2019 FC 1195

Moreover, it asserts that the Act contravenes the prohibition of interprovincial customs duties in section 121 of the Constitution Act, 1867. ...
SCC

Kosoian v. Société de transport de Montréal, 2019 SCC 59, [2019] 4 SCR 335

That resolution provides that the City’s police officers will enforce By‑law R‑036. [2]   Article 17 (now art. 26) of By‑law R‑036 provided that anyone who contravenes art. 4(e) commits an offence and is liable to a fine of $75 to $500. [3]   The preamble to the English version of By‑law R‑036 states the following: “This administrative consolidation . . . is a reference document and should not be considered an official version of the By‑law. ...
NBPC decision

R. v. Gaudet, [1999] 3 CTC 191

He states at page 119: If the trial judge concludes that, on the material before the authorizing judge, there was no basis upon which he could be satisfied that the preconditions for the granting of the authorization exist, then, it seems to me that the trial judge is required to find that the search or seizure contravenes s.8 of the Charter. ...
TCC

Mathew v. The Queen, docket 1999-464(IT)G

According to counsel for the Respondent, the Court found that section 245 simply deprives a taxpayer of the benefit of transactions that contravene the policy of the Act read as a whole. [220]        Counsel for the Respondent stated that neither Ludco, supra, nor Singleton, supra, is relevant to the interpretation of section 245. ... Rather, all the GAAR does is deny a tax benefit where it is determined that the transactions contravene a clear policy of a provision or a policy of the Act read as a whole. ... They say ss. 161 and 162 contravene the rule of law which is enshrined in the preamble to the Charter: "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law... ...
TCC

Garron Family Trust v. The Queen, 2009 DTC 1568, 2009 TCC 450, aff'd sub nom St. Michael Trust Corp. v. The Queen, 2010 DTC 5189 [at 7361], 2010 FCA 309, aff'd sub nom Fundy Settlement v. Canada, 2012 SCC 14

  [337]   The position of the Minister potentially frustrates this objective, and contravenes the plain meaning of Article XIV(4) ...
SCC

Mitchell v. M.N.R., 2001 SCC 33, [2001] 1 SCR 911

While evidence adduced in support of aboriginal claims must not be undervalued, neither should it be interpreted or weighed in a manner that fundamentally contravenes the principles of evidence law, which, as they relate to the valuing of evidence, are often synonymous with the “general principles of common sense” (Sopinka and Lederman, supra, at p. 524).  ...
SCC

R.S. v. P.R., 2019 SCC 49, [2019] 3 SCR 643

             (5) the outcome of a foreign decision is manifestly inconsistent with public order as understood in international relations; [104]                      What is contrary to domestic public order will not necessarily contravene public order in international relations (Gérald Goldstein, Droit international privé, vol. 1, Conflits de lois: dispositions générales et spécifiques (Art. 3076 à 3133 C.c.Q.) (2011), at p. 58).  ...

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