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TCC

Hotte v. The Queen, 2011 DTC 1011 [at at 64], 2010 TCC 611 (Informal Procedure)

Facts   [1]               The appellant submits in this informal appeal that the age restriction in the pension income‑splitting provisions added to the Income Tax Act (the “ Act ”) in [2006] contravene the equality and non‑discrimination provisions of the Canadian Charter of Rights and Freedoms (the “ Charter ”). ...
ONSC decision

New Garden Restaurant and Tavern Ltd. v. MNR, 83 DTC 5338, [1983] CTC 332 (SCO)

The order sought by the applicants would in effect prohibit all tax investigators conducting audits under the aegis of paragraphs 231 (1)(a), (b) and (c) of the Act from seizing, without a warranty pursuant to paragraph 231 (1)(d) of the Act, any documents they find in the course of their audits on the ground that such a seizure contravenes section 8 of the Charter. ...
TCC

Astley v. The Queen, 2012 DTC 1162 [at at 3394], 2012 TCC 155 (Informal Procedure)

Since this requirement applies equally to individuals who are married and who are in a common-law partnership there is no basis for a claim that the definition of adjusted income discriminates between married couples and those in a common-law partnership and therefore contravenes section 15 of the Charter ...
FCTD

The Queen v. McLeod, 90 DTC 6281, [1990] 1 CTC 433 (FCTD)

In addition to the statement of defence, the defendant filed a counterclaim, seeking a declaration that subsection 31(2) of the Income Tax Act contravenes the Canadian Charter of Rights and Freedoms, 1982. ...
FCTD

Katz Estate v. The Queen, 76 DTC 6377, [1976] CTC 633 (FCTD)

Finally and more importantly, even if the taxation year of a deceased taxpayer is to be considered to remain at all times the 31st of December of the year of his decease, where a regulation is validly issued pursuant to a taxing statute and does not contravene any of the provisions of that statute, and where such a regulation purports to afford a deduction or some relief to the taxpayer from the tax burden imposed by the taxing statute, its effect must never be considered as nullified by reason of the existence of another enactment in a statute totally unrelated to taxation, especially where the enactment emanates from another jurisdiction. ...
TCC

Pidskalny v. MNR, 91 DTC 1046, [1991] 2 CTC 2192 (TCC)

., file with the registrar a notice, in Form 11 in the Second Schedule, of a director ceasing to hold office;... (2) A company that contravenes subsection (1) commits an offence and is liable to a fine not exceeding $50 for each day it is in default. ...
FCTD

Porta-Test Systems Ltd. v. The Queen, 80 DTC 6046, [1980] CTC 71 (FCTD)

After careful consideration I am prepared to agree with this submission which I think does not contravene the principle outlined in Lackie or conflict with it, as it can be distinguished in the special circumstances in this case finding as I do that it was the sale of an asset, with the price calculated partly as royalties. ...
ONSC decision

The Queen v. Roth, 84 DTC 6181, [1984] CTC 185 (SCO)

The order sought by the applicants would in effect prohibit all tax investigators conducting audits under the aegis of s 231(1)(a), (b) and (c) of the Act from seizing, without a warrant pursuant to s 231(l)(d) of the Act, any documents they find in the course of their audits on the ground that such a seizure contravenes s 8 of the Charter. ...
FCTD

Androwich v. The Queen, 90 DTC 6084, [1990] 1 CTC 78 (FCTD), briefly aff'd 93 DTC 5275 (FCA)

A further submission made by the plaintiff is that subsection 146(5) of the I.T.A. contravenes section 15 of the Charter since the I.T.A. discriminates between types of income resulting in unequal R.R.S.P. deductions. ...
TCC

Desrobec Inc. and M.N.R., 2007 TCC 459

Desrochers;  -          7.7: any activity or source of remuneration that might contravene the contract to be submitted first to Mr. ...

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