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FCTD

Lipsett Cartage Ltd. v. Elias, 2018 FC 572

The President and office manager of Lipsett testified that the drivers could take up other jobs, and even Elias testified that he could do other jobs – he simply decided that he would not take up other work. [41]   As for the Referee’s finding that Elias did not undertake any risk in the business, I agree with the Applicant that he was subject to pay any contravention tickets he would have received while driving the company’s truck. ...
FCTD

The Winning Combination Inc. v. Canada (Attorney General), 2019 FC 1014

The request was based on, among other things, an alleged contravention of the FDA and Regulations and a determination that RESOLVE contained a substance derived from passion-flower and posed a health risk. ...
FCTD

Marcusa v. Canada (Minister of Public Safety and Emergency Preparedness), 2019 FC 1092

Lacking the requisite visa, this put the applicant in contravention of section 20(1)(a) of the IRPA (read together with section 6 of the IRPR).   ...
FCTD

Ikheloa v. Canada (Citizenship and Immigration), 2019 FC 1161

I read the Court’s reasoning as based at least in part on the statement in the RIR, that a lawyer can be punished for not reporting knowledge of a contravention of the Nigerian Same-Sex Marriage Prohibition Act, and the fact that there was no such knowledge stated by the deponent. ...
FCTD

Potts v. Alexis Nakota Siouz Nation, 2019 FC 1121

Potts relies upon the Federal Court decision in Papequash v Brass, 2018 FC 325 [Papequash], where at para 33 Justice Barnes states: [t]he Applicants carry the burden of proof of establishing, on a balance of probabilities, that a contravention of the Act has occurred that is likely to have affected the election results: see McNabb v. ...
FCTD

Petline Insurance Company v. Trupanion Brokers Ontario Inc., 2019 FC 1450

General impression to be considered Il faut tenir compte de l’impression générale (4) In a prosecution for a contravention of this section, the general impression conveyed by a representation as well as its literal meaning shall be taken into account in determining whether or not the representation is false or misleading in a material respect. (4) Dans toute poursuite intentée en vertu du présent article, pour déterminer si les indications sont fausses ou trompeuses sur un point important il faut tenir compte de l’impression générale qu’elles donnent ainsi que de leur sens littéral. ...
FCTD

Zak v. Canada (Attorney General), 2019 FC 1503

CONCLUSION The Appellant has not demonstrated on a balance of probabilities that the Respondent's decision to discharge him as a probationary member was made in contravention of the principles of procedural fairness, was based on an error in law or was clearly unreasonable. ...
FCTD

Gray v. Canada (Attorney General), 2019 FC 1553

Statement to accompany application (2) The application shall include a solemn affirmation or declaration (a) stating the name and address of the applicant; (b) stating that the applicant is at least 18 years old and a resident of Canada; (c) stating the nature of the alleged offence and the name of each person alleged to have contravened, or to have done something in contravention of, this Act or the regulations; and (d) containing a concise statement of the evidence supporting the allegations of the applicant. ...
FCTD

Messenger v. Canada (Attorney General), 2021 FC 95

Messenger stated that two paragraphs of the First Refusal were inconsistent as the CRA officer recognized that the room limits the CRA had provided did not include amounts previously contributed to his TFSA, he was notified after December 31, 2017 of his contravention, and yet his cancellation request was denied. ...
FCTD

R. v. Guay, [1975] C.T.C. 88, 75 D.T.C. 5044

It is trite to say that any pronouncement on the law must always be read in the light of the particular facts of the case and, in the Sproston case (supra) it must be borne in mind that the payments were made in such a manner as to jeopardize the maintenance of the children themselves for the report indicates that the wife would have been unable to maintain the children had she not been able to convince them to turn over to her the money paid to them individually; the payments were also made in contravention of the court order and not in accordance with it, furthermore, they were not made in order to satisfy a service ordered by the wife nor to satisfy a debt incurred by her. ...

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