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FCTD

Harvey Kagna v. Minister of National Revenue, [1974] CTC 275, 74 DTC 6221

Since the matter of Sutton Lumber & Trading Co Ltd v MNR, [1953] 2 S.C.R. 77; [1953] CTC 237; 53 DTC 1158, it is well known that the main criterion to be used in order to decide if there is an adventure in the nature of trade is the course of conduct. ...
FCTD

Her Majesty the Queen v. Knut Myre, Royal Norwegian Consul General, Attorney for Knut Eide, Administrator of the Estate of Severine Dalsoren Eide, Deceased, [1974] CTC 353

Viscount Finlay said: “... the legatee of a share in the residue has no interest in any of the property of the testator until the residue has been ascertained. ...
FCTD

Valley Camp LTD v. Minister of National Revenue, [1974] CTC 418

Appellant’s counsel relied largely on St John Dry Dock & Shipbuilding Company Limited v MNR, [1944] Ex CR 186; [1944] CTC 106; 44 DTC 663, a decision of Thorson, P [as he then was]. ...
FCTD

Charles E Murphy, Jr and Leonard Boreman, Executors and Trustees Under the Last Will and Testament of Owen K Murphy, Deceased v. Her Majesty the Queen, [1974] CTC 552

The law of a foreign country cannot be determined by the Court itself from its own knowledge, inquiry or by hearing authorities and argument but it must be proved as a fact by skilled witnesses and not by the production of the books in which the law is written as was the law prior to 1844 when The Sussex Peerage, 11 CI & Fin 85, was decided. ...
SCC

Minister of National Revenue v. Bethlehem Copper Corporation LTD, [1974] CTC 707, 74 DTC 6520

Moreover, in the latter case, Pigeon, J said at page 882 [267, 6201]: “Mining itself is complete by the production and hoisting of the ore ‘...” ...
FCTD

Industrial Trailer Rentals Limited v. Her Majesty the Queen, [1974] CTC 775, 74 DTC 6577

<, 2. None of the main reasons for the separate existence of Industrial, Miller Ltd. and Active Trailers Limited was to reduce the amount of income tax that would otherwise be payable under the Act. 3. ...
FCTD

DR H Hoyle Campbell v. Her Majesty the Queen, [1974] CTC 783, 74 DTC 6598

Mr Justice Cattanach said that “... the crucial test is whom the patients thought they were consulting and were in fact consulting”. ...
FCTD

Mark Tanz v. Minister of National Revenue, [1973] CTC 377, 73 DTC 5311

Interworld carried on business from an office in a suite of offices where Rose & Persiko, a firm of Toronto solicitors, carried on business. ...
FCTD

The Longueuil Meat Exporting Co Lid v. Her Majesty the Queen, [1973] CTC 386, 73 DTC 5306

On January 11, 1965 the solicitors for Longueuil Meat wrote the following letter to City Renderers Limited: Dear Sirs:— We are acting for Longueuil Meat Exporting Company Limited, and we have today been instructed by its First Vice-President, Mr David Granofsky, to write to you with respect to the following:— Our clients are seriously considering the purchase of either the fixed assets of your Company, excluding building and land, or the purchase of all the issued and outstanding Common Shares, and Preferred if any, either one at a price which we think would be attractive to you. ...
FCTD

Gourdji R Masri v. Minister of National Revenue, [1973] CTC 448, 73 DTC 5367

Following the same pattern, the four partners acquired additional property in the City of Montreal and suburbs as follows: (a) On October 25, 1955, Lots 105 and 106 in Pointe Claire for a purchase price of $356,000, payable one-half in cash, and the balance payable in five equal annual instalments, interest at 5%. ...

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