Implied Exclusion

Table of Contents

Cases

Canada (Attorney General) v. Emamifar, 2026 FCA 141

After finding that a failure of the applicant to fulfil her commitment (made at the time of applying for mat leave EI benefits) to report a return...

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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) a failure to fulfil a commitment to report a return to work while collecting mat leave EI benefits was not a “misrepresentation” 399
Tax Topics - Other Legislation/Constitution - Federal - Employment Insurance Act - Section 52 - Subsection 52(5) failure to fulfil an undertaking to report an early return to work was not a "misrepresentation" 310

Onex Corporation v. Canada (Attorney General), 2024 FC 1247

Regarding the CRA position that the implied exclusion rule of statutory interpretation indicated that Parliament did not intend ss. 220(2.1) and...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 220 - Subsection 220(3) CRA failed to consider, in light of the remedial nature of s. 220(3), that it could be used to permit an amended return that accomplished a late election not listed in Reg. 600 641
Tax Topics - Income Tax Act - Section 220 - Subsection 220(2.1) CRA should consider, in light of the remedial nature of ss. 20(2.1) and (3), that they could be used to accommodate a late election not listed in Reg. 600 615
Tax Topics - Statutory Interpretation - Interpretation Act - Section 42 - Subsection 42(3) s. 220(2.1) permitted the waiver of an election under an amending Bill itself 138