The Tax Court dismissed a motion to stop CRA collection and return garnished funds, holding it lacked jurisdiction for that relief; the records request was premature.
La Cour canadienne de l’impôt radiе en partie un avis d’appel amendé, puis le radie entièrement pour lacunes importantes, tout en autorisant un nouvel avis conforme.
On the balance of probabilities the respondent failed to prove a meeting of the minds or sufficient specific terms constituting an agreement that the child would live and attend school in Bridgewater; the child had dual habitual residences between June 2022 and August 2024, and, applying CPR 59.03(2) and prioritizing the child's best interests and convenience, the court concluded it is substantially more convenient to hear the parenting dispute in the Bridgewater judicial district and ordered transfer of the file there.
Because the Court of Appeal lacks jurisdiction to hear summary conviction appeals from Provincial Court and s.35(1) of the Court of Appeal Act authorizes transfer, the proper remedy is to transfer the proceeding to the Supreme Court; s.35(2) prevents prejudice by validating the transferred proceeding.
The Court holds that it has jurisdiction under s.192(1) BIA and common law to tax or fix costs and to pass accounts, and that this jurisdiction (subject to the Rule 128 cap established by s.156 BIA) includes the authority to reduce trustee fees in summary administration estates without requiring input from the OSB; references to 'costs' in the earlier decision should be read to include trustee fees and disbursements.
The Court of Appeal, as a statutory court with jurisdiction conferred by s.3 of the Constitutional Questions Act, possesses the authority to order production of documents as part of its power to control its own process; whether the Court will exercise that authority in this reference is deferred to a further hearing.
The petition is dismissed because Parliament has enacted a specific statutory process (ss.696.1-696.6 and accompanying Regulations) that authorizes the Minister to investigate and, where appropriate, order DNA testing; the provincial court will not exercise its Charter or inherent jurisdiction to pre-empt the Ministerial review process and order production of exhibits where the statutory scheme provides the proper avenue. The Court further observed that untested DNA can constitute "new and significant" information but that determination belongs to the Minister and is judicially reviewable.
The court dismissed competing applications about a separation agreement because the pleadings did not properly invoke jurisdiction or support the relief sought.
The Federal Court found that Jeremy Cooperstock infringed United Airlines’ trademarks and copyright and granted declaratory relief, an injunction, costs, and continued jurisdiction.
The court did not resolve the substantive issues; it adjourned the appeal to obtain written submissions on whether it has jurisdiction to grant the requested declaration under Rule 14.05(3)(d), whether it can interpret FIPPA outside a judicial review and whether the Privacy Commissioner must be joined, and on whether the existing record is sufficient to decide the matter.
Source excerpt
Freedom of information and protection of privacy act