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BCCA decision
Turner’s Dairy Ltd., Et Al., v. Lower Mainland Dairy Products Board, Et Al,, [1940-41] CTC 363
The King, Otte v. The King, [1924] 1 D.L.R. 789 at p. 795, A.C. 328, 41 Can. ... These very words were not used by Lord Thankerton in his speech in the Crystal Dairy decision but the meaning they express here was adequately conveyed there in other language. ... The King, The King v. Colgate-Palmolive-Peet Co., [1933] 2 D.L.R. 81 at p. 89, S.C.R. 131, as an example of two separate legal entities, yet held in fact and for all practical purposes to be merged, as one was merely the agent of the other subject in all things to its proper direction and control. ...
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. ...
SCC
Wrights’ Canadian Ropes Limited v. Minister of National Revenue, [1946] CTC 73
In connection with the appeal certain remarks in The King v. Noxzema Chemical Company of Canada, Ltd., [1942] Canada Tax Cases 21, may be reiterated and emphasized. ... The only statutory requirements in question are those above quoted ‘ ‘ (i.e. ... The Statute does not say that the Minister may disallow the excess over what is reasonable or normal for the " " class ’ ‘ of business carried on by the taxpayer. ...
BCCA decision
Regina v. Snider Et Al. Reference Re Production of Dominion Income Tax Returns, [1953] CTC 136
" " Privilege is like a persistent bush fire, extinguished in one place. only to blaze up in another’’ (H. ... There is no superior " public interest ‘‘ or ‘‘ public policy ‘ ‘ outside an act of state or danger to the safety of the state, which in the absence of statute can supersede civil or inherent rights of the individual in the administration of justice in the Courts. 3. ... The King (1949), 95 Can. C.C. 148, supports this view. It is to be noted, however, that no objection was taken to the production of the returns. ...
FCA
Her Majesty the Queen v. Aqua-Gem Investments Ltd., [1993] 1 CTC 186, 93 DTC 5080
For this addition to the rule he relied upon the following passage from the speech of Lord Wright in Evans v. ... In reaching that conclusion, Laycraft, J. adopted the English standard, as expressed in the speech of Lord Atkin in Evans v. ... Provided they exercised their discretion judicially — as normally they would — that was to be the end of the matter. 2. ...
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. ...
SCC
Thomson v. Minister of National Revenue, 2 DTC 812, [1946] SCR 209
He then became a resident of Rothesay, in the County of Kings, a short distance from Saint John, where he lived in 1923. ... On the lower level, the expressions involving residence should be distinguished, as I think they are in ordinary speech, from the field of "stay" or "visit". ... From 1935 to 1941, inclusive, he spent the following number of days in Canada: days 1935 ……………………………………… 156 1936 ……………………………………… 138 1937 ……………………………………… 169 1938 ……………………………………… 145 1939 ……………………………………… 166 1940 ……………………………………… 159 1941 ……………………………………… 115 This residence at East Riverside was maintained in a manner that made it always at his disposal and available at any time. ...
SCC
Percy Walker Thomson v. Minister of National Revenue, [1946] CTC 51, [1941-1946] DTC 812
He then became a resident of Rothesay, in the County of Kings a short distance from Saint John where he lived in 1923. ... On the lower level, the expression involving residence should be distinguished, as I think they are in ordinary speech, from the field of ‘‘stay’’ or "visit.” ... All three establishments are essentially of the same nature and are equally regarded by him as " " homes ‘ ‘ in the same sense. ...
ONSurrCt decision
Re Myler, [1951] CTC 376
THE KING and RYAN Ex parte DEXTER CONSTRUCTION CO., LTD. In re Assessors of the Parish of Bathurst. ... Egyptian Hotels Limited, [1915] A.C. 1022, a case of similar facts, Lord Parker, at p. 1037, in the course of his speech, cited the decision of the House in San Paulo v. ... (as he was), in The King, ex parte Bank of Nova Scotia v. Assessors of Woodstock, [1924] S.C.R. 457 at 462, in which a somewhat similar error was made in assessment principle. ...
FCTD
Gurd’s Products Company Limited v. Her Majesty the Queen, [1981] CTC 195, 81 DTC 5153
(See The American Thread Company v Joyce (1911-1915), 6 TC 163 and also British Columbia Electric Railway Co Ltd v The King [1946] CTC 224; 2 DTC 824. ... This decision was approved by the Privy Council in Lovell & Christmas, Limited v Commissioner of Taxes, [1908] AC 46. ... It seems clear in reading the reasons of the Court of Appeal and also the speeches in the House of Lords in the Firestone decision, that, had the terms of the original agreement been followed, the opposite conclusion would have been reached by both courts. ...