Splend’or Industries Ltd. v. R., [1999] 2 CTC 2520 -- text

Lamarre Proulx T.C.J.:

This appeal concerns the interpretation of a clause in a lease entered into between two parties not dealing at arm’s length, the issue being whether the replacement of a roof is a “landlord’s repair”.

The Minister of National Revenue (the “Minister”) made the assumptions of fact set out in paragraph 14 of the Reply to the Notice of Appeal (the “Reply”) as follows:

a) At all material times, Mr. Joseph Caporicci was the only shareholder of the Appellant.

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