Penal Provisions, Strict Construction

Cases

Bell ExpressVu Limited Partnership v. Rex, 2002 SCC 42, [2002] 2 S.C.R. 559

The appellant engages in the distribution of direct‑to‑home (DTH) television programming and encrypts its signals to control reception. The...

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R. v. McIntosh, [1995] 1 S.C.R. 686

Before finding that s. 34 of the Criminal Code should be read in a literal manner so as to favour the accused, Lamer CJ stated (at para. 39):

The

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Venne v. The Queen, 84 DTC 6247, [1984] CTC 223 (FCTD)

Before finding that a possible mistake of law by the taxpayer, i.e., a belief that interest from "'escrow mortgages'" was not taxable, should be...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) failure to review return with obvious errors 75
Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) possible mistake of law was a defence 69

Cyrus C. Udell v. Minister of National Revenue, [1969] CTC 704, 70 DTC 6019

In finding that the taxpayer should not be liable for a penalty under s. 56(2) (the predecessor to s. 163(2)) respecting the gross negligence of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) taxpayer not liable to penalty respecting gross negligence of his accountant 216