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Ives Resources Ltd. v. MNR, 90 DTC 1375, [1990] 1 CTC 2539 (TCC), aff'd 92 DTC 6223 (FCTD), briefly aff'd in turn at 94 DTC 6261 (FCA)-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission must give effect to agreement In refusing to recognize a price rectification agreement, Sarchuk, J. stated (p. 1378): "Rectification is an 'equitable remedy' whereby one party to a contract seeks the court's intervention to rectify a written instrument which does not accurately reflect the terms agreed to orally by the parties prior to putting their agreement down in writing... the remedy of rectification is not available to correct a mistaken assumption of fact. ...

Burlington Resources Finance Company v. The Queen, 2017 TCC 144-- summary under Section 95 Summary Under Tax Topics- Other Legislation/Constitution- Federal- Tax Court of Canada Rules (General Procedure)- Section 95 proportionality principle did not relieve of obligation to seach through scattered indexes for relevant documents The Minister disallowed in full the deduction by the taxpayer (“Burlington”) of guarantee fees, paid to its U.S. parent (“BRI) (which, in turn, was held by ConocoPhillips) calculated as 0.5% per annum of third-party borrowings by it of approximately U.S.$3 billion, on the basis inter alia that the payment of any guarantee fee would not satisfy ss. 247(2)(a). ... The same logic applies to the Burlington’s retention policy. … … [U]nless Burlington can positively affirm that a relevant document no longer exists, it will have to search for the document.... ... Respecting documents requested from non-resident members of the corporate group, she stated (at para. 81): I adopt the comments of Justice Campbell Miller in the HSBC Bank Canada ’s decision where he ordered the Appellant to obtain the documents from its parent. … … I have no hesitation in concluding that it is reasonable to expect the Parents to respond positively to relevant inquiries. … ...

Mark Resources Inc. v. The Queen, 93 DTC 1004, [1993] 2 CTC 2259 (TCC)-- summary under Subsection 245(3) Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(3) Before going on to find that the former s. 245(1) did not prohibit the deduction of interest by the taxpayer, Bowman J. stated, in obiter dicta that: "... ...

The Queen, 95 DTC 220, [1995] 1 CTC 2111 (TCC), aff'd 98 DTC 6007 (FCA)-- summary under Canadian Resource Property Summary Under Tax Topics- Income Tax Act- Section 66- Subsection 66(15)- Canadian Resource Property With respect to an "Acquisition Agreement" that the taxpayer entered into with the Alberta Crown, Bonner TCJ. found (at p. 224) that: "As a consequence of the Acquisition Agreement, the appellant was singled out as the possessor of the exclusive right to call on the Minister to accord to it, in respect of any bitumen which it encountered, any rights which the Minister, in the exercise of the discretion vested in him by the Mines and Minerals Act, might decide to issue." Accordingly, in the view of Bonner TCJ., the taxpayer disposed of "a right to a right" of the sort described in what then was s. 66(15)(c)(ii)(B) when under a "farmout agreement" with Esso Resources Canada Limited, the taxpayer received from Esso the sum of $4.5 million in consideration for "... the right, licence and privilege of earning an interest in oil sands rights... ... Accordingly, it had disposed of a Canadian resource property. In the Court of Appeal, Létourneau J.A. stated that "contrary to what the [taxpayer] contended, what was given to it under the agreement was more than a mere expectancy of acquiring property and also more than a right to negotiate". ...

Burlington Resources Finance Company v. The Queen, 2020 TCC 32-- summary under Section 132 Summary Under Tax Topics- Other Legislation/Constitution- Federal- Tax Court of Canada Rules (General Procedure)- Section 132 in context, no formal admission made- and any admission could be withdrawn in the interests of justice Burlington, a Nova Scotia unlimited liability company, borrowed approximately U.S.$3 billion in 2001 and 2002 by issuing seven notes that were guaranteed by its non-resident parent (“BRI”). ... Before granting the amendments, D’Auray J indicated that Rule 132 applied only to “formal admissions” such as in pleadings Andersen Consulting ([1998] 1 FC 605 (FCA)) had established “that an application for leave to withdraw admissions did not require a separate form” (para. 75), so that the requested amendment to the Reply could constitute application to withdraw an admission In Burlington’s examination for discovery of the Crown’s nominee in 2014, “[n]umerous times the respondent’s counsel stated that it was the respondent’s position that no amounts were payable as guarantee fees” (para. 77) Although in an Amended Reply, the Crown had admitted that guarantee fees had been paid in the amounts stated in the Notice of Appeal, “the respondent did not make a clear and deliberate concession that the amounts paid to BRI were guarantees fees” (para. 80) in light of the point immediately above and denials made by the Crown elsewhere in the Reply Even if there had been such an admission, D’Auray J “would still have permitted the withdrawal of the admission since … there is a triable issue which ought to be tried in the interests of justice” (para. 82) “In addition, the purported withdrawal does not amount to an injustice to Burlington since it has been aware of the respondent’s position at least since its discovery of the respondent’s nominee in 2014.” ...

212535 Oil & Gas Ltd. v. MNR, 96 DTC 1263, [1996] 1 CTC 2416 (TCC)-- summary under Res Judicata Summary Under Tax Topics- General Concepts- Res Judicata Rip TCJ. found (at p. 1266) that "where the parties to the litigation are different there is no res judicata, even when the facts are identical". Accordingly, the taxpayers, who were members of a group that had purchased interests in a resource property were not precluded from raising the same arguments that had been previously rejected by the Tax Court and the Federal Court of Appeal in an appeal by another member of the same purchasing group. ...

., 98 DTC 1839, [1998] 3 CTC 2520 (TCC)-- summary under Scientific Research & Experimental Development Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Scientific Research & Experimental Development 5 factors test The taxpayer was an engineering consultant firm that specialized in the development, management and protection of water resources. ...

212535 Oil & Gas Ltd. v. MNR, 96 DTC 1263, [1996] 1 CTC 2416 (TCC)-- summary under Eligible Capital Expenditure Summary Under Tax Topics- Income Tax Act- Section 14- Subsection 14(5)- Eligible Capital Expenditure Each taxpayer closed the purchase of a 10% interest in a resource property by giving the vendor an interest-bearing demand promissory note for $3.5 million. ...

212535 Oil & Gas Ltd. v. MNR, 96 DTC 1263, [1996] 1 CTC 2416 (TCC)-- summary under Paragraph 20(1)(e) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(e) Each taxpayer closed the purchase of a 10% interest in a resource property by giving the vendor an interest-bearing demand promissory note for $3.5 million. ...

The Minister disallowed the inclusion of the profit from closing out the Forward Contracts in the taxpayer’s gross resource profits within the meaning of Reg. 1204(1)(b) (thereby reducing its resource allowance). ... In allowing the taxpayer’s appeal, Paris J stated (at paras 33, 37 and 39): … [3850625] confirmed that the test for whether an item of income should be included in gross resource profits is “whether the [income in question is] sufficiently connected to the [taxpayer’s] production and processing activities to constitute income from that source”….. ... …[T]he Forward Contracts were entered into and closed out in the course of the Appellant’s business of production and processing from the Doyon Mine. … [T]he Appellant’s sole reason for entering into the Forward Contracts was to hedge the risk of price fluctuations in the price of gold that it expected to produce from the Doyon Mine. … ...