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Decision summary

Darbishire v. The Queen, 83 DTC 5164 (Ont. Co. Ct.) -- summary under Subsection 239(2)

Nor does the discretion granted to the Crown by s. 239(2), or the exercise of that discretion, contravene ss.11(d) or 9 of the Charter. ...
Decision summary

Villeneuve v. The Queen, 2004 DTC 2258 (TCC), rev'd 2004 DTC 6077 (FCA) -- summary under Subsection 163(2)

In finding that the taxpayer was not subject to a penalty for gross negligence, Lamarre Proulx T.C.J. noted the lack of sophistication of the taxpayer and characterized (p. 2262) his action as resulting more from an "ambush" than "a deliberate decision on his part to contravene the Act". ...
Decision summary

Re Belgoma Transportation Ltd. (1985), 51 OR (2d) 509 (Ont CA) -- summary under Section 8

.), which was similar to s. 231(1) of the Income Tax Act and which permitted an officer to enter business premises and require production for inspection and copying of certain records, did not contravene the Charter. ...
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Fowler v. HMRC Commissioners, [2016] UKFT 0234 (TC) (First-Tier Tribunal) -- summary under Article 3

Brannan J also stated (at para. 115): If a Contracting State changes its domestic law after the conclusion of a double tax treaty in such a way as to reallocate income from one article to another...that could contravene the requrements of good faith imposed by Article 31(1) of the Vienna Convention.... ...
Decision summary

Jimenez, R. (On the Application of) v The First Tier Tribunal (Tax Chamber), [2019] EWCA Civ 51 -- summary under Paragraph 231.1(1)(d)

…It is sufficient that the sending of a taxpayer's notice to Mr Jimenez in Dubai has not been shown to contravene any international obligation of the UK. ...
Decision summary

Commissioner of Taxation v Addy, [2020] FCAFC 135, rev'd [2021] HCA 34 -- summary under Article 25

In finding that this 15% tax did not contravene Art. 25, Derrington J stated (at paras 230 and 231): Art 25 is offended where the discrimination against the foreign national occurs solely by reason of having a different nationality. ...