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BCSC decision
In Re Taxation Act and Income Tax Act and >>in Re Assessments of Firestone Tire and >>rubber Company of Canada, Limited., [1940-41] CTC 342
:—The Firestone Tire & Rubber Co., hereinafter referred to as the ‘‘Firestone Company,’’ is a company incorporated under the laws of the Dominion. ... Counsel for the Minister of Finance conceded that under the decision of Grainger & Sons v. ... The casings so withdrawn are shown in ex. 7 under the heading ‘‘ Net Sales. ’ ’ The Monthly Inventory and Sales Report is forwarded by the Distributor to the Firestone Company in duplicate. ...
BCSC decision
In Re: Succession Duty Act >>in Re : Fisher Estate, [1949] CTC 42
The Succession Duty Department of the province has notified her that it proposes to value the interest of the deceased in this income at $156,666.60, arrived at as follows: ‘* Valuation of Deceased’s interest one-third of annual rental based on the age of the youngest life tenant, age 30—10,000 x 17.4074 $174,074.00 "‘Less overall allowance of 10% to cover all contingencies outlined in Mr. ... Although the proposition put to me is that I should value ‘‘the particular future estate with which this application ‘ ‘ deals, it is suggested that 4 it is the existence of the interest in question as one of the items of property vested in the deceased at the time of her death that raises the first difficulty’’. ...
BCSC decision
Her Majesty the Queen in Right of the Province of British Columbia v. Her Majesty the Queen in Right of the Province of British >>columbia as Represented by the Minister of Labour and Consumer Services, Employment Standards Branch, and Her Majesty the Queen in Right of Canada, Revenue Canada, Taxation, [1991] 1 CTC 523
Subsection 15(2) provides that “ Notwithstanding any other Act, the amount of a lien and charge and secured debt referred to in subsection(s) (1)...is payable and enforceable in priority over all liens, judgments, charges or any other claims or rights including those of the Crown in the right of the Province...”. ... While the Court of Appeal held that section 224 was a garnishment provision, it was clear in its reasoning that nothing in that section “ (had) the effect of transferring the property of the funds to the Minister or establishing a priority of Revenue Canada's claim”. ...
BCSC decision
In Re Atkins & Durbrow (Erie) Ltd. Et Al., [1968] CTC 405
In Re Atkins & Durbrow (Erie) Ltd. Et Al., [1968] CTC 405 DOHM, J. ... Milner and the partnership Val & Co. as of August 11, 1966 held all but eight of the 1,000,000 common shares of Atkins & Durbrow (Erie) Ltd. ... The following day cheques totalling over $200,000 were issued by the company Atkins & Durbrow (Erie) Ltd. to other companies Atkins & Durbrow Ltd., Bushland Products Limited and Acadia Securities Ltd. ...
BCSC decision
Fraser & Beatty v. Minister of National Revenue, [1994] 1 CTC 267
Fraser & Beatty v. Minister of National Revenue, [1994] 1 CTC 267 Donald, J. ... Fraser & Beatty has in its possession three file folders belonging to client Y which were requested by Fraser & Beatty in order to assist Fraser & Beatty in the preparation of the representation of Mr. ... T & N pic. (1993), 77 B.C.L.R. (2d) 391, [1993] 4 W.W.R. 709 (C.A.). ...
BCSC decision
Granby Construction & Equipment LTD Et Al v. Vernon Robert Milley Et Al, [1974] CTC 562, [1974] DTC 6300
Granby Construction & Equipment LTD Et Al v. Vernon Robert Milley Et Al, [1974] CTC 562, [1974] DTC 6300 Bouck, J:—The plaintiffs bring this action by way of replevin for the return of certain books and records relating to each of them and alleged to be in the wrongful possession of the defendants. ... Facts—The plaintiff Granby Construction & Equipment Ltd (Granby) carried on business through 1969, 1970 and 1971 in road construction with its head office at Prince Rupert, British Columbia. ... The cheque of Manning for $36,000 was endorsed, “For deposit only to the credit of Granby Construction & Equipment Ltd. in the Royal Bank of Canada” and was negotiated on February 4, 1970 through that bank at its branch on 685 West Hastings, Vancouver to the credit of Granby’s account. ...
BCSC decision
Turner’s Dairy, Limited, Et Al. v. Lower Mainland Dairy Products Board, Et Al., [1940-41] CTC 359
Let it suffice to say that the whole picture in my view is similar to that described by-Lord Macmillan in another connection where his Lordship said they "‘consequently invented the imposing facade of a sale which sold nothing. ‘ ‘ The members of the Board who passed these orders knew that the agency theretofore existing would be attacked as being merely an agency formed for the purpose of equalizing prices and, hence, subject to being impugned under the decision in the Crystal Dairy case, supra. ... If, as I think, the real purpose and effect of the impugned arders are, as alleged in par. 25 of the statement of claim, "‘to take from the producer supplying the fluid market a portion of his real returns and to contribute the same to other producers for the purpose of equalization (and that) the so-called sales and resales to and by the agency so-called are colourable ‘ ‘ then I am satisfied the orders cannot stand. ...
BCSC decision
Meehan v. His Majesty the King, [1917-27] CTC 304
.), c. 33, sec. 4, that: * " For every default in complying with the provisions of the next preceding section, the persons in default shall each be liable on summary conviction to a penalty of $25 for each day during which the default continues.” ... The evidence should also fix a certain date to the offence in respect of time, viz.: “As a certain time is usually limited by statute for a summary prosecution before justices of the peace, it was necessary, on that account also, to fix the offence to a certain date, in order that the proceeding might appear to be within the prescribed period; for if that was not shown either by positive proof of the day, or by express reference in the evidence to a date previously mentioned, the conviction could not be supported. ‘ ‘ Rex v. ... In that case, through an oversight, the year was not stated, in which the offence was committed, and the headnote sums up the law to be that, ‘‘ Where a penalty is to be sued for before justices of peace, within a certain time after the offence committed, upon a conviction for such offence returned by certiorari into B.R. it ought to appear on the face of the evidence stated in such conviction that the prosecution was in time’’. ...
BCSC decision
Crown Zellerback Canada Ltd. v. Dep. A.-G. (Canada), 82 DTC 6116, [1982] CTC 121 (BCSC)
T1 Tax Department and Taxes — Box BWB III — 80-BWB As described in outline. ... N1 Newsprint — GLP/80 — Miscellaneous Box (a) A memorandum seeking lawyer’s advice. ... P5 Pulp — General Box — RGR Another copy of document 1 in Box A. Privileged. 32. ...
BCSC decision
Regina v. Snider Et Al., [1952] CTC 64
& N. 838, at 852; 157 E.R. 1415, at 1421. Also in Duncan v. Cammell Laird & Co. ... I am of the opinion that when evidence contained in the tax return is pertinent as evidence on any criminal charge, the Magistrate before whom that charge is being tried is a person legally entitled to the information. ’ ’ I am in respectful agreement with that. ...