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FCA

Dale v. R., 97 DTC 5252, [1997] 2 CTC 286 (FCA)

Langan, Snell’s Principles of Equity (London: Sweet & Maxwell, 1982) at 41. ... This Part as it relates to matters preliminary to the issue of the letters patent and supplementary letters patent are directory only; and no letters patent, or supplementary letters patent, issued under this Part shall be held void for any irreg- ularity, insufficiency or want of compliance herewith as respects such preliminary matter, This section does not help the appellants. ... First, I am of opinion that the phrase “consideration that includes shares, in its plain and ordinary meaning, cannot refer to consideration that consists of a simple promise to issue shares. ...
FCA

Atinco Paper Products Ltd. v. The Queen, 78 DTC 6387, [1978] CTC 566 (FCA)

Waters—Law of Trusts in Canada p 90. 2 [1895] 2 Ch 370 at 373;. 43 Digest 588, 376 approved in Re Oldfield, Old field v Oldfield, [1904] 1 Ch 549; 43 Digest 585, 339. 3 + [1897] 2 Ch 12, at 14; 43 Digest 552, 17; and see also Re Burley, Alexander v Burley, [1910] 1 Ch 215; 43 Digest 588, 377. 4 + Underhill’s Law of Trusts, supra. 5 Melroy v Lord, 4 DeG, F&J 263 at 274. ...
FCA

Nova, an Alberta Corporation v. The Queen, 88 DTC 6386, [1988] 2 CTC 167 (FCA)

In effect, the respondent, by transmitting the natural gas owned by its customers, received from the facilities of the producers, acts as a sort of common carrier for the transportation of gas to the facilities of other natural gas transmission companies. « The transmission of natural gas is effectuated through what is termed "mainline pipes" for which purpose the respondent, in common with other transmission companies, utilizes compressors at intervals along the mainline pipes. ... Ltd. [[1909] 1 Ch. 218 at p. 236] Farwell L.J. said that: A written instrument must be "construed according to its sense and meaning, as collected in the first place from the terms used in it, which terms are themselves to be understood in their plain, ordinary, and popular sense, unless they have generally in respect to the subject-matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense in the same words.... [Emphasis added.] ...
FCA

Hollinger Inc. v. R., 99 DTC 5500, [1999] 4 CTC 61 (FCA)

. /?. [18] and then would lead to an unfortunate and undesirable result. ... R. [1] *; secondly, for reasons of judicial comity; and, thirdly and most importantly, because paragraph 55(1)(c) of the Income Tax Act has been repealed and replaced by provisions which prohibit the conduct that the appellant and others engaged in in the transactions described in the reasons of Mr. ...
FCA

Westar Mining Ltd.v. The Queen, 92 DTC 6358, [1992] 2 CTC 11 (FCA)

"' In either case, of course, what is contemplated is not the mere physical act of extraction of ore or of extraction of ore and processing of the ore. ... M.N.R., supra, at page 232 [S.C.R.]: What is exempt under the latter section [subsection 83(5)] is income derived from the operation of a mine.” ...
FCA

Positive Action Against Pornography v. MNR, 88 DTC 6186, [1988] 1 CTC 232 (FCA)

The objects of the society are (a) To provide for the recreation of the members and to promote and afford opportunity for friendly and social activities. ... I therefore summarise my conclusions in relation to trusts for political purposes as follows. (1) Even if it otherwise appears to fall within the spirit and intendment of the preamble to the Statute of Elizabeth, a trust for political purposes falling within the spirit of Lord Parker’s pronouncement in Bowman's case can never be regarded as being for the public benefit in the manner which the law regards as charitable. (2) Trusts for political purposes falling within the spirit of this pronouncement include, inter alia, trusts of which a direct and principal purpose is either (i) to further the interests of a particular political party; or (ii) to procure changes in the laws of this country; or (iii) to procure changes in the laws of a foreign country; or (iv) to procure a reversal of government policy or of particular decisions of governmental authorities in this country; or (v) to procure a reversal of government policy or of particular decisions of governmental authorities in a foreign country. ...
FCA

Carlile v. The Queen, 95 DTC 5483, [1995] 2 CTC 273 (FCA)

That’s a very difficult question because from a planning point of view, we might have been might give you one answer, but a political view would be another answer. ... M.N.R., [1984] C.T.C. 2674, 84 D.T.C. 1548 (T.C.C.), at page 2676 (D.T.C. 1549), best describes my response to the appellant’s claim: I am not persuaded the relevant section [54(c)] of the Income Tax Act permits of the view espoused by this taxpayer that merely because he resided in a housing unit on the property, and used the balance of the property in one way or another to enhance the utility and attractiveness of that domestic living style, he can expand the boundaries of his housing unit to the parameters of the natural domain desired in his appeal. ...
FCA

GSW Appliances Ltd. v. R., 98 DTC 6010, [1998] 1 CTC 335 (FCA)

., at 5241. 4 S.C. 1980-81, c. 48, ss. 10(7). 5 $ Ibid., at 5241, see also Mattabi Mines Ltd. v. ...
FCA

Flexi-Coil Ltd. v. The Queen, 96 DTC 6350, [1996] 3 CTC 57 (FCA)

Nevertheless, he did have the financial statements of the three companies to rely on, and he did- correctly in my view start from the position that the courts should be vigilant in ensuring that a related creditor acted properly in determining that some debts had become uncollectible. ...
FCA

Scott v. The Queen, 94 DTC 6193, [1994] 1 CTC 330 (FCA)

His work encompassed the usual work of a corporate secretary advising directors of meetings, taking minutes, preparing directors' resolutions, etc. ...

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