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EC decision

Dominion Distillery Products Co. v. His Majesty the King, [1935-37] CTC 364, [1920-1940] DTC 369

His Majesty the King, [1935-37] CTC 364, [1920-1940] DTC 369 MACLEAN, J. ... The King [1931] A.C. 435, was relied upon by each party as conclusive of that issue. ... The doctrine enunciated by Lord Mansfield was discussed at considerable length in the speeches of Lord Haldane and Lord Sumner in the important case of Sinclair v. ...
EC decision

Canadian Gypsum Company, Limited v. Minister of National Revenue, [1965] CTC 210, 65 DTC 5125

King, previously mentioned, described the manifold aspects of the company’s enterprise at Miller’s Creek. ... King, ‘‘an operation such as that we are talking about here, is an open pit mine. ... King, acquiescing to Mr. Keith’s request, had looked at exhibit R-1, the January, 1960, issue of U.S. ...
EC decision

Hilliard C. McConkey v. Minister of National Revenue, [1935-37] CTC 341

In this case the capital recovery would amount to $143,369.21, as follows: Amount distributed in 1930_. $ 17,946.64 " " 1931 18,000.00 "" " 1932 12,000.00 Amounts distributed by the liquidator ($75,000 and $1,500) 76,500.00 Accounts receivable and money assigned to Royal Trust Co. 18,922.57 $143,369.21 If we deduct the amount assigned to the Royal Trust Co., namely, $18,922.57, for accounts receivable and cash on hand, we are left with a balance of $124,446.64. ... The King, ante, p. 23. In the case of Hill v. Permanent Trustee Company of New South Wales Limited (supra) the facts were briefly as follows. ... Unless and until the fund was in fact capitalized it retained its characteristics of a distributable profit, and on the authority of the passages which have been read from Lord Herschell’s speech in Bouch v. ...
EC decision

Minister of National Revenue v. The Canada Trust Company and Marie Jacqueline Colette Ruth Shaw, Executors or the Estate of William Theo Shaw, [1971] CTC 15, 71 DTC 5041

.,• *:. ' Copies of the actual insurance policies have not been placed before the Court but a copy of the certificate issued under the Union Mutual Group Accident Insurance Policy is attached to the special case. ... That the policy is a policy of insurance that was effected on the ‘‘life’’ of the deceased is clear from the essential nature of the contract, which is a con- tract Whereby a fixed amount is payable on the ‘death” of the deceased and an increased amount is payable at the same time if the * death was caused by violent and accidental means. ... I.R.C., [1958] A.C. 210 at 224. 6 *1 should say that, having regard to the speeches of certain of the law lords in DAvigdor-Goldsmid v. ...
EC decision

J. Bert Macdonald and Sons Limited v. Minister of National Revenue, [1970] CTC 17, 70 DTC 6032

Nevertheless the evidence satisfies me that the family reasons were as much a feature of the transaction as was the conveyance of the property and were also as much if not more of an inducement to J. ... King, in answer to the question: What is the point of law raised by the Case? ... King suggested they should have found them. I do not think I need say more. ...
EC decision

Toby Barnett v. Minister of National Revenue, [1957] CTC 355, 57 DTC 1255

, to which she replied, ‘‘ Well I don’t think there is any doubt about that because they are extremely anxious’’. ... In Taylor’s case, reference was made by the learned President to the first definition of ‘‘trade’’ in the United Kingdom eases, contained in the speech of Lord Davey in Grainger and Son v. ... Their agreement with Shields under the " ‘Protective Offer’’ had been terminated and consequently could not be enforced. ...
EC decision

Wendell Thomas Fitzgerald, Administrator of the Estates of George v. Steed and James Kenneth Raeburn, Deceased v. Minister of National Revenue, [1947] CTC 262, [1946-1948] DTC 1068

Walsh is the claimant, His Majesty the King respondent, and W. T. Fitzgerald as intervenant and all proceedings were consolidated. ... The Order (part of Ex. 7) recites in part:— " " Isabella Steed, who was also known as Bonnie I. ... The will provided: " All my property of whatsoever kind and wherever situated I give, devise and bequeath to the said J. ...
EC decision

MNR v. Taylor, 56 DTC 1125, [1956] CTC 189 (Ex Ct)

Thus, the respond- \ ent’s venture has “paid off’’ not only for the Company but for the respondent as well. ... There he said, in his speech in the House of Lords: “Trade in its largest sense is the business of selling, with a view to profit, goods which the trader has either manufactured or himself purchased.’’ ... This seems to me, inescapably, a commercial deal in secondhand plant. Later, he said, at page 58: ‘“There remains the fact which was avowedly the original ground of the commissioners’ decision—‘this was an isolated ease’. ...