Search - contravention

It was of the view that T had indeed given Octane a mandate but that the contract was null because it had been awarded in contravention of the rules of public order for awarding municipal contracts. ... Thériault had indeed given Octane a mandate but that the contract was null because it had been awarded in contravention of the rules of public order for awarding municipal contracts. ...

According to the Tax Court Judge the outside director had, in contravention of the statutory standard of care, failed to "heed what is transpiring within the corporation and his experience with the people who are responsible for the day-to-day affairs of the corporation" (supra at 930, per Rip, J.T.C.C.). [162]        The argument of counsel for the Respondent is well taken where she indicated that if the Court should find that the Appellant was an outside director, then even in that case, given the financial circumstances of the Company, the Appellant ought to have been alerted to the fact that there was a potential shortfall in GST remittances and ought to have made appropriate inquiries to ensure himself whether this was the case and should have taken decisive action to remedy the situation. [163]        The Court is satisfied that the Appellant as well as everyone else involved in this Company was well aware of the shortfall of remittances. ...

The question was whether it was lawful for Canada to impose tax on the profits of a liquor trading business carried on in contravention of the Ontario prohibition law. ...

In fact, lack of such choice could lead to a contravention of section 15 in that persons who are not similarly situated would get the same treatment and, thereby be treated unfairly. ...

This doctrine, as applied in Canada, is based on the principle that the "circumstances" affecting procedural fairness take into account the promises or regular practices of administrative decision-makers, and that it will generally be unfair for them to act in contravention of representations as to procedure, or to backtrack on substantive promises without according significant procedural rights ...

Dwyer submits that all of the Requirements issued pursuant to subsection 231.2(1) of the Act constitute an abuse of process under section 7 of the Charter and a contravention of section 8 thereof, as they were an improper criminal investigation under the civil enforcement provisions of the Act. ...

Justice Saunders made express findings of fact [concerning] the Crown’s theory that there was unreported income and misappropriation of unreported cash … based on four assumptions by the Canada Revenue Agency (“CRA”):             [59]      The Crown theory, that the Samaroos misappropriated unreported cash and understated their income and the income of the MGM and Samaroo Holdings in contravention of the Income Tax Act and Excise Act, is based on four assumptions: namely, a) the paper trail pursued by Keith Kendal points to almost one million dollars being deposited to the personal accounts of the Samaroos and shareholder loan accounts of the MGM and Samaroo Holdings for taxation years 2004, 2005 and 2006; b) that Tony Samaroo skimmed unreported cash from one till tape or shift per day from the MGM and nightclub to a lesser extent, and deposited the cash into his account and into the shareholder loan account for his and Helen’s benefit; c) Tony and Helen Samaroo used the unreported cash to pay third party suppliers, liquor and wages; and d) the net worth analysis indicates they could not have saved close to a million dollars over the years 1980 to 2003. 11. ...

This is allegedly in contravention of paragraph   145(2)(a) of the Rules and paragraphs   3(d) and (h) of the Code of Conduct for Expert Witnesses. [79]   According to the Respondent, the Galluzzo Report listed the following documents as providing guidance, but these documents were not included in the report: Phase 1 and Phase 2 Environmental Site Assessment as well as Geotechnical Investigation report, prepared by Toronto Inspection Ltd. and dated August 2006; Hydrogeological Investigation Report prepared by Cole Engineering, dated August 2011; Functional Servicing Report prepared by UEL, dated October 16, 2009; Environmental Impact Study prepared by Cunningham Environmental Associates, dated April 2010; EPA 1, EPA 2 and EPA 3 (cost-sharing schedules). [80]   Additionally, according to the Respondent, while the Galluzzo Report included excerpts from the Bradford West Gwillimbury Official Plan, Trimart Housing Market Overview data and statistics, and MPAC market data, they should have been included in the Galluzzo Report in their entirety. [81]   The Respondent relies on the Gerbro description of the ruling in Bekesinski, supra, to argue that the Galluzzo Report is inadmissible on the basis of paragraph   145(2)(a) of the Rules. ...

Perron a été reconnu coupable d’avoir introduit une substance intoxicante dans son corps en contravention de l’alinéa 40k) de la Loi et a été condamné à une amende de 10 $ et à 2 jours d’isolement sans privilège, le tout suspendu durant 90 jours. ...

As such, they submit that the information was provided in contravention of subsection 241(1) of the Income Tax Act. [175] The Applicants argue that the CRA did not consider the factors provided in Doré and that the Requests for Information are therefore unreasonable. ...