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Canada Case Law

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Tax law

Gerald Kowarsky Trust v. His Majesty the King

The Tax Court held that a wound-up trust’s final taxation year ends on December 31, so the trust’s 2023 return was late and the penalty stood.

  • Income tax act
  • Trust taxation year-end
  • Late-filing penalty
  • Trust wind-up
  • Due diligence defense
  • Trust-taxation-year-end
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Tax law

Goncharova v. The King

The Tax Court dismissed Anastasia Goncharova’s GST/HST new housing rebate appeal, finding the condominium was not acquired as the family’s primary residence.

  • Gst/hst new housing rebate
  • Excise tax act
  • Primary place of residence condition
  • Occupancy condition
  • Gst-hst-new-housing-rebate
  • Excise-tax-act
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Tax law

Claire Yanta v. His Majesty the King

The Tax Court dismissed Claire Yanta’s appeal over medical expense tax credit claims for her spouse’s airfare and accommodation for dental treatment in Türkiye.

  • Medical expense tax credit
  • Travel expenses
  • Transportation expenses
  • Dental treatment expenses
  • Medical-expense-tax-credit
  • Travel-expenses
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Election law

Sinclair-Desgagné v. Canada (Chief Electoral Officer)

The Supreme Court of Canada held that an Elections Canada postal-code error on special-ballot return envelopes was an irregularity that affected the result and annulled the Terrebonne election.

  • Federal election
  • Contested election application
  • Special ballot/mail-in ballot
  • Irregularities affecting result
  • Annulment of election
  • Statutory interpretation
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Tax law

Shameti v. The King

The Tax Court dismissed Mr. Shameti’s GST/HST appeal, finding he was a builder of the New Home, had to self-assess on first occupancy, and could not use the residence exception.

  • Gst/hst
  • Builder definition
  • Self-supply/self-assessment
  • Substantial completion
  • Primary place of residence
  • Adventure or concern in the nature of trade
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Tax law

Honey v. The King

Deux appels fiscaux liés à des prêts ICF dans des montages d’assurance vie 10/8 sont rejetés; le tribunal confirme un taux d’intérêt déductible de 4,18 %.

  • Income tax act
  • Interest deductibility
  • Reasonable amount of interest
  • 10/8 life insurance policy
  • Reassessment
  • Interest-deductibility
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Constitutional law

R. v. R.B.-C.

The Supreme Court held that post-verdict sentencing delay is assessed under a “markedly longer” test, not a fixed ceiling, and upheld a sentence reduction remedy.

  • Charter s. 11(b) reasonable time
  • Post-verdict sentencing delay
  • Remedy for constitutional breach
  • Sentencing delay
  • Charter-s-11b-reasonable-time
  • Post-verdict-sentencing-delay
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Tax

Russell v. The King

The Tax Court struck specified paragraphs of the Amended Notice of Appeal, holding they alleged CRA misconduct, Charter breaches, and relief outside its jurisdiction.

  • Motion to strike
  • Jurisdiction of the tax court of canada
  • Reasonable grounds for appeal
  • Procedural fairness
  • Abuse of process
  • Section 7 charter
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Tax law

Kane v. The King

The Tax Court dismissed Paul Kane’s appeal from a 2009 reassessment, upholding a penalty under s. 163(2) of the Income Tax Act for wilful blindness to a fictitious business loss.

  • Income tax act
  • Section 163(2) penalty
  • Wilful blindness
  • Fictitious business loss
  • Misrepresentation
  • Income-tax-act
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Employment insurance

Lees v. M.N.R.

The Tax Court held that Chelsea Lees was an employee, not an independent contractor, of SXNM Successionmatching Ltd. for EI and CPP purposes.

  • Employee versus independent contractor
  • Insurable employment
  • Pensionable employment
  • Canada pension plan
  • Employment insurance act
  • Employee-versus-independent-contractor
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