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Canada Case Law

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Income tax 2026 TCC 40

C & W Offshore Ltd. v. The King

The Tax Court confirmed Part XIII withholding tax and penalties on rental payments to a UK company, finding it was the beneficial owner and not an agent for Norway.

  • Withholding tax
  • Beneficial ownership
  • Agency
  • Treaty interpretation
  • Due diligence penalty defence
  • Withholding-tax
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Administrative law 2021 BCSC 737

Majithia v. Residential Tenancy Branch

Judicial review of a Residential Tenancy Branch penalty process was partly allowed; the court found a reasonable apprehension of bias and prohibited the named director from deciding the matter.

  • Administrative penalties
  • Judicial review prematurity
  • Reasonable apprehension of bias
  • Opportunity to be heard
  • Recusal/delegation
  • Costs
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Administrative law 2020 FC 1119

Canadian National Railway Company v. Canada (Attorney General)

The Federal Court allowed CN’s judicial review, finding the TATC appeal panel reasonably interpreted the Track Safety Rules but unreasonably rejected CN’s due diligence defence.

  • Due diligence defence
  • Statutory interpretation
  • Standard of review
  • Rail safety regulations
  • Administrative monetary penalties
  • Administrative-law
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Employment insurance 2020 SST 1037

JF v Canada Employment Insurance Commission

Appellant voluntarily left employment without just cause because he had reasonable alternatives to leaving; he knowingly made false statements about earnings on multiple reports so the Commission lawfully imposed a penalty and issued a notice of violation and the amounts and measures were within judicial exercise of discretion.

  • Voluntary leaving
  • Just cause
  • Penalty for false or misleading statements
  • Notice of violation
  • Burden of proof
  • Discretionary decision review
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Employment insurance 2018 SST 1316

L. P. v. Canada Employment Insurance Commission

The Tribunal found on the balance of probabilities that the Appellant knowingly made false statements by failing to report employment earnings while receiving EI, the Commission properly classified the violation and considered mitigating factors, and it exercised its discretion judicially in imposing a $5,000 penalty and issuing a very serious notice of violation; appeal dismissed.

  • Overpayment
  • Penalty
  • Notice of violation
  • Misrepresentation
  • Subjective knowledge
  • Exercise of discretion
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Administrative law 2018 FCA 196

Canada (Attorney General) v. Klevtsov

The Tribunal erred in law by applying the defence of automatism without the required assertion of involuntariness and without confirming psychiatric expert evidence as mandated by R. v. Stone; the available medical records were inadequate to support automatism and the record compelled only one conclusion — the Minister's decision confirming the Notice of Violation must be reinstated.

  • Automatism defence
  • Absolute liability offences
  • Standard of review
  • Evidentiary requirements
  • Judicial review
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Administrative law 2014 FC 656

Max Realty Solutions Ltd. v. Canada (Attorney General)

The Federal Court upheld FINTRAC’s findings that Max Realty committed four compliance violations, but set aside the $27,000 penalty for lack of intelligible reasons.

  • Fintrac compliance program requirements
  • Administrative monetary penalties
  • Standard of review - reasonableness
  • Due diligence defence
  • Reasoning and intelligibility of administrative decisions
  • Remittal for sentence/fine redetermination
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Administrative law 2014 FC 657

Homelife/Experience Realty Inc. v. Canada (Finance)

The Federal Court upheld FINTRAC’s findings that Homelife committed four compliance violations, but found the $27,000 penalty reasons unintelligible and sent the penalty back.

  • Money laundering
  • Terrorist financing
  • Compliance program requirements
  • Due diligence defence
  • Standard of review (reasonableness)
  • Administrative monetary penalties
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Tax law 2014 TCC 188

Galachiuk v. The Queen

Because subsection 163(1) contains no precondition limiting the availability of the due diligence defence to the second year, a taxpayer may avoid the penalty by proving due diligence in either relevant year; appellant proved due diligence in 2008 by credible evidence of address change efforts, mail forwarding and proper preparation, and the Minister failed to rebut that prima facie case, so the s.163(1) penalty did not apply.

  • Subsection 163(1) penalty
  • Due diligence defence
  • Reassessment
  • Failure to report income
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Administrative law 2014 FCA 102

Canada (Attorney General) v. Vorobyov

The Tribunal was correct that the Minister of Public Safety and CBSA lacked statutory authority to conduct the ministerial review under the Monetary Penalties Act; the omission of that Minister from the Act is an under-inclusion that must be remedied by Parliament, not the courts; the Tribunal exceeded its jurisdiction by voiding the Notice of Violation and the appropriate remedy is to remit the misdirected Ministerial review to the proper Minister (Minister of Agriculture) with effect from the original filing date.

  • Ministerial authority
  • Interpretation act s.24(2)
  • Monetary penalties act s.2, s.9, s.13, s.14
  • Declaratory relief
  • Jurisdiction by necessary implication
  • Drafting error vs legislative gap
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.