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The Tax Court allowed Fiducie Historia’s appeal, holding the trust allocations to a beneficiary were validly payable and deductible under s. 104(6) of the Income Tax Act.
Certiorari was dismissed because the ticket, read with disclosure, gave reasonable notice of the alleged Quarantine Act breach and was not an absolute nullity.
Application dismissed: the claimant sought to set aside a prior divorce and declare a marriage void, but relied on inadmissible hearsay and lacked the required Form F36 certificate.
The Supreme Court of British Columbia dismissed an application to annul a marriage for non-consummation, finding no physical or psychological incapacity, only a mutual decision not to consummate.
The claimant succeeded in annulling a marriage on the basis that the respondent was incapable of consummating it. The court held medical evidence was not required.
The Court of Appeal held the dismissal of a conservation officer-special provincial constable belonged under the Police Act, making the labour proceedings a nullity.
The Supreme Court held that a challenge to an abusive zoning by-law must be brought within a reasonable time and was also prescribed under the Civil Code, restoring the dismissal of the nullity action.
Because Local 773 was named from the outset, participated fully in litigation and its members and representatives were on notice, the defect was a correctable misnomer; the motion judge properly exercised r.5.04(2) and r.12.07 to make a representation order after considering tactics and prejudice, and the representation order did not improperly add new parties after the limitation period.
Source excerpt
The application for an extension of time was dismissed because the Tax Court lacked jurisdiction to review the CRA's discretionary decision under s.220(3.1); the appellant had not served a notice of objection within the statutory period nor applied for an extension under s.166.1, and the proper procedural route (internal CRA review then Federal Court) was not followed, rendering the application a nullity.
Source excerpt
The court granted leave to amend pleadings to add a nullity claim, holding no undue prejudice or delay and that Rule 24(1) does not require evidence.
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