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TCC

Nova Corp. Of Alberta v. R., [1996] 1 CTC 2164, 95 DTC 599

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”. ...
TCC

Robert Kondrat v. Her Majesty the Queen, [1995] 1 CTC 2630, 96 DTC 1566

David Pilkington, a chartered accountant and partner of Hudson & Company, Karon’s accountants, prepared a letter for Kondrat’s solicitor suggesting the shares of Karon in June 1985 "would be worth a value anywhere from $0 indicating the seismic data was worthless and the future earnings potential of the company is not very favourable to a value far exceeding the cost of the seismic data indicating that the seismic data is extremely valuable". ...
TCC

Melville Neuman v. Minister of National Revenue, [1992] 2 CTC 2074, 92 DTC 1652

Counsel for the respondent contended that the application of subsection 56(2) of the Act is supported by the following facts: (a) the dividend payment was not the product of a bona fide business relationship” (judgment of Dickson, C.J.C. at page 35), but was conceived as part of a tax avoidance plan; (b) the dividend payment was, in effect, a rerouting of monies from New- mac, in which the appellant's wife had no claim or entitlement, that would otherwise have been payable to the appellant; (c) the declaration of a dividend, although normally the function of a director, in this case was the fruit of the appellant's recommendations to his wife; (d) the declaration of the dividend to the appellant's wife from Melru was merely a temporary device for the redirection of the dividend, as the money was immediately lent back to the appellant by his wife on non-commercial terms; and (e) ”... there was no legitimate purpose to the dividend distribution” (judgment of Dickson, C.J. at page 35), within the meaning of the majority judgment in McClurg. ...
TCC

Alexander Orr v. Minister of National Revenue, [1989] 2 CTC 2348, 89 DTC 557

You are willing to gift approximately $100,000 worth of shares (after a proposed split see below) in the company to Lance and Kevin in order to obtain maximum tax benefits on a total family unit basis. ...
TCC

Pedro Cabezuelo v. Minister of National Revenue, [1983] CTC 2775, 83 DTC 679

Apart altogether from what has been said concerning the existence of a trust, if superior judicial authority did not cling so tenaciously to the doctrine of the absolute distinction of identity between a corporation and its shareholders as propounded over 85 years ago by the House of Lords in Salomon v Salomon & Co Ltd, [1897] AC 22, one might regard a single shareholder corporation like Enterprises in the light of its relationship to the appellant and conclude that in truth and substance what was attempted was to establish a trust under which the settlor, the trustee and the sole beneficiary are the same person, which is not permissible under the law of trusts. ...
TCC

Walters v. R.|, [1999] 1 CTC 2211, 99 DTC 363

Exhibit A-l contained a number of documents relative to the operation in question and Exhibit A-2 was a summary of the profit and loss situation for M & K Stables from 1975 to 1992. ...
TCC

Brad and Luisa Stevenson v. Her Majesty the Queen, [1997] 1 CTC 2236 (Informal Procedure)

.: It was agreed at the commencement of the trial that the evidence given in one would be considered in the other, where applicable. ...
TCC

Landry v. The Queen, docket 96-4196-IT-G

The money went into her account, then she made a cheque out to L & H Construction Steelworks Ltd. ... This was signed by L & H Construction Steelworks Ltd. and purported to convey any assets of the Company to Claire Jeanne d'Arc Landry and Leonard Michel Landry. ...
TCC

Fording Coal Limited v. Her Majesty the Queen, [1995] 1 CTC 2734

(See Maritime Telegraph & Telephone Co. v. The Queen, [1992] 1 C.T.C. 264, 92 D.T.C. 6191 (F.C.A.), Anderson v. ... Britannica World Language Dictionary, Funk & Wagnail's New Standard Dictionary of the English Language, The Random House Dictionary of the English Language, The Living Webster Dictionary and Thorndike-Barnhard (American dictionary). ...
TCC

Bohdan Barabash and Wolodymyr Barabash v. Minister of National Revenue, [1993] 2 CTC 3080, 93 DTC 1436

That would have been Field & Field, apparently. Definitely not, she said. ... She confirmed that her telephone call to Field & Field was April, May, June, 1985. ...

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