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TCC

Teach and Embrace v. M.N.R., 2005 TCC 461

Any and all incidences [sic] of solicitation or forms of solicitation of a Teach & Embrace Corporation client during the timeframe of this contract will be considered a breach of contract causing damages to the "Corporation" equivalent to the value of the business in progress with said client; moreover, over and above the current value of the said business in progress, damages equivalent to one‑hundred [sic] dollars ($100) per day for the length of the breach of contract will be claimed of the "Tutor" who contravenes the stipulations herein of non‑competition. ... Any breach of this clause will justify damages to the "Corporation" equivalent to one‑hundred [sic] dollars ($100) for each day that the "Tutor" will contravene the said clause. ...
TCC

France Julien v. Minister of National Revenue, [1991] 1 CTC 2391, 91 DTC 586

The Law Society of British Columbia, [1989] 1 S.C.R. 143; 56 D.L.R. (4th) 1. 4.03 Does the Tax Court of Canada have jurisdiction to declare a section of the Income Tax Act of no force and effect if the said section contravenes the Charter? ... Consequently, counsel for the appellant submitted, were it not for subparagraph 56(1)(a)(iv) of the Act the appellant could through an amended 1984 return include the said sum in income for 1984. 4.04.2 It remains to be determined if subparagraph 56(1)(a)(iv) of the Act contravenes section 15 of the Charter, which reads as follows: Equality Rights 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, sex, age or mental or physical disability. 4.04.2(1) Counsel for the appellant first argued that, even if the error in the decision of the Department and of the Canada Employment and Immigration Commission was made in good faith, the appellant nevertheless suffered a detriment. ...
TCC

Astorino v. The Queen, 2010 DTC 1112 [at at 3061], 2010 TCC 144 (Informal Procedure)

The plan’s acceptance of such transfers contravenes the terms of the plan. ...
TCC

Thunder Bay Symphony Orchestra Assn. Inc. v. M.N.R., docket 97-1348-UI

Performance Agreement A contract conforming to Appendix A between a musician and the Association which does not contravene the terms of this Master Agreement. ...
TCC

Royal Bank of Canada v. The Queen, 2005 TCC 802

As I have said, it is not for me to decide whether the Appellant's activity amounts to a violation of the Bank Act, but it is clear from the decision of the Supreme Court of Canada in Continental Bank [6] that the activity is what it is, whether or not it contravenes the Bank Act. [18]     The Appellant argues that, in any event, the branch services cannot come within the definition of financial service because they are administrative services, and therefore are specifically excluded from the definition by paragraph (t) and section 4 of the Regulation. [7] This provision has been considered only twice by this Court, [8] and neither case sheds any light on the meaning of the expression "any administrative service" ("les services administratifs"). ...
TCC

Villeneuve v. The Queen, docket 2001-674-IT-I (Informal Procedure)

The appellant's action resulted much more from the ambush than a deliberate decision on his part to contravene the Act. ...
TCC

Houde v. The Queen, docket 2001-824(IT)I (Informal Procedure)

The situation was confused and feelings were unclear, but the situation appears to result from an ambush much more than from a deliberate decision by the appellant to contravene the Act ...
TCC

Gauthier v. The Queen, docket 2001-565(IT)I (Informal Procedure)

    [32]    In my opinion, the circumstances described by the appellant are much more attributable to an ambush than to a deliberate decision on the appellant’s part to contravene the Act. ...
TCC

Grenon v. The Queen, 2010 TCC 364

I have not been convinced, however, that the extent of examination the Appellant seeks is the kind of full canvassing contemplated by the Rules, nor frankly, necessary for a fulsome Charter argument on whether paragraph 18(1)(a) of the Act contravenes section 15 of the Charter ...
TCC

Persaud v. The Queen, 2007 TCC 474 (Informal Procedure)

  (6) A person who contravenes   (a)  subsection (1) is guilty of an offence and liable to the penalty provided for under section 101(1) ...

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