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SCC

Guindon v. Canada, 2015 SCC 41, [2015] 3 SCR 3

While the courts have been given the power to declare invalid laws that contravene the Charter   and are not saved under s. 1  , this is a power not to be exercised except after the fullest opportunity has been accorded to the government to support its validity.   ...
TCC

Dynamex Canada Corp. v. M.N.R., 2010 TCC 17

This agreement shall be interpreted in accordance with the Laws of the Province in which the Owner Operator’s services are primarily performed, and if any provisions of this Agreement contravene the Law of such Province, then such provisions shall be deemed not to be part of this Agreement, but all other provisions shall remain in full force and effect.   ...
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. ...
Ruling

2005 Ruling 2004-0106481R3 - Employee benefit plan-Shares

Notwithstanding the foregoing, if any provision of the Plan contravenes any applicable laws or regulations or any rules, regulations, by-laws or policies of any regulatory authority or stock exchange having jurisdiction or authority over the Parent, a Participating Company, or the Plan (including the Trust), then the Committee may amend such provision, retroactively or prospectively, to the extent required to bring such provision into compliance therewith. ...
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... ...

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