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FCTD
Denison Mines Ltd. v. MNR, 71 DTC 5375, [1971] CTC 640 (FCTD), aff'd 72 DTC 6444 (FCA), aff'd 74 DTC 6525 (SCC)
When market conditions make it practicable and when the A and B reefs have been gone over the second time, which means that 50 % of the pillars is removed, then at that future time the D, E and F reefs will be mined simultaneously. ... Because the subsidiary was without a backlog of security the bank insisted upon a guarantee of the subsidiary’s indebtedness by the appellant, but it was Con-Ell that contracted the debt as principal and the appellant acted as guarantor only and the appel- lant also acted as guarantor of Con-Ell to Central Mortgage & Housing Corporation with which corporation Con-Ell contracted directly. ...
FCTD
Lutheran Life Insurance Society of Canada v. The Queen, 91 DTC 5553, [1991] 2 CTC 284 (FCTD)
In February 1976 a senior officer of the Life Insurance Division of the Department of Insurance wrote to the Society about its practice in respect to financing its fraternal activities and advised in part "... it would be appropriate for the society to establish a separate and distinct fraternal fund", a practice said by the writer to be contemplated by the Canadian and British Insurance Companies Act, since it appeared from the Society's report that it had the “intent... to accumulate a substantial fund for fraternal purposes”. ... The reason for this was that the closing of our 1978 books was delayed when our tax advisors, Clarkson, Gordon & Co., surprised us with the news that Income Tax would not be payable from 1978 onward. ... I have requested that a tax specialist from Clarkson, Gordon & Co. be present at our meeting to explain this rather complicated procedure to the Board this morning. ...
FCTD
Norman A. Mintzer v. Her Majesty the Queen, [1995] 1 CTC 220, 95 DTC 5131
Zhelka, [1967] 2 O.R. 565, 64 D.L.R. (2d) 457; Smith, Stone & Knight Ltd. v. ... Additionally, in Smith, Stone & Knight Ltd. v. Birmingham Corp., [1939] 4 All E.R. 116 (K.B.), Atkinson J. came to the conclusion that a parent company could sue the persons responsible for damage caused to one of its subsidiaries. ... At page 87 of his text Construction of Statutes (2nd ed. 1983), Driedger fittingly summarizes the basic principles: "... the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act and the intention of Parliament". ...
FCTD
Smith v. The Queen, 87 DTC 5355, [1987] 2 CTC 138 (FCTD)
There were 64,000 issued and outstanding common shares without par value of Amherst Quarries (1969) Limited, held as follows: $ H.M. ...
FCTD
Asamera Oil (Indonesia) Ltd. v. The Queen, 73 DTC 5274, [1973] CTC 305 (FCTD)
Article 6 Associates of Asamera (a) Asamera has the right to associate with it under this Agreement Plymouth Oil Company of Pittsburgh, Pennsylvania and/or Benedum-Trees Oil Company and/or Hiawatha Oil & Gas Company and/or any subsidiary (or successor of said companies acceptable to Asamera). ()b Asamera shall have the right to associate any other parties under this Agreement only with the express approval of Permina. ...
FCTD
Richstone v. MNR, 72 DTC 6232, [1972] CTC 265 (FCTD), briefly aff'd 74 DTC 6129 (FCA)
.”, and further must reasonably be regarded as “... having been received... in consideration or partial consideration...” for the covenants not to compete.* [1] The appellant, on the other hand, asserts that on the true construction of the material documents, particularly the notarial deed, the transaction in question was fundamentally a sale of assets: the shares and whatever other interests Louis and Harry had in the four companies, their rights to carry on a bakery business for 25 years, and their rights to the use of the name Richstone in any business (see clauses first, second, third and fourth of the notarial deed) for 25 years. ...
FCTD
Harris v. R., 98 DTC 6072, [1998] 2 C.T.C. 325, [1998] 2 C.T.C. 88 (FCTD)
& Mary, sess 2, c. 2) s.1 Article 9 prohibits impeaching or questioning proceedings in Parliament. ...
FCTD
The Queen v. Lavers, 78 D.T.C 6230, [1978] CTC 341 (FCTD)
It was stated in this way by Parke, B (Becke v Smith (1836), 2 M & W 191 at p 195): “It is a very useful rule, in the construction of a statute, to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the legislature, to be collected from the statute itself.” ...
FCTD
Bank of Nova Scotia v. The Queen, [1980] CTC 57, 80 DTC 6009 (FCTD), aff'd 81 DTC 5115, [1981] CTC 162 (FCA)
The situation is almost identical to that considered in the case of Greig (Inspector of Taxes) v Ashton, [1956] 3 All ER 123 at 125, where Harman, J stated: The portion of the convention providing for double taxation relief with the United States appears in the Schedule to the Double Taxation Relief (Taxes on Income) (USA) Order, 1946 (SR & C 1946 Nc 1327), of which art XIII(2) provides: “Subject to such provisions... as may be enacted in the United Kingdom, United States tax payable in respect of income from sources within the United States shall be allowed as a credit against any United Kingdom tax payable in respect of that income.’’ ...
FCTD
Cornforth v. The Queen, 82 DTC 6058, [1982] CTC 45 (FCTD)
Another expedient to indicate a plurality of members would be to adopt a style such as: “Cornforth & Co” or “Cornforth and Associates”. ...