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Lagotte Succession, 2017 QCCS 330 (Quebec Superior Court)-- summary under Subsection 70(6.2) Summary Under Tax Topics- Income Tax Act- Section 70- Subsection 70(6.2) executor was authorized under will to choose not to elect Under the will of his deceased wife, the plaintiff (Picard) was a legatee by particular title of her principal residence as well as of an apartment building on which there was a substantial accrued gain – but was not one of the residuary beneficiaries under her will. ...

. … [T]he leasehold interest that FSL obtained from ADL at a nominal rent under the New Ground Lease was a capital asset [having cited T Eaton, 99 DTC 5178, para. 36] and therefore that the payment made by FSL by offset on behalf of ADL was on capital account. ...

The Crown considered that the PSLP business losses were deemed to be limited partnership losses of MLP – which meant that they were effectively trapped in MLP given that s. 111 (and, thus, the ability to deduct limited partnership losses under s. 111(1)(e)) was only available to a taxpayer and not to a partnership. ...

In finding that there were two supplies under ss. 142(1)(d) and 142(2)(d), respectively, Dawson JA stated (at paras. 95, 97): I see no reason in principle that precludes splitting up the supply so that the supply is treated as two supplies in order to recognize that ultimately the services are inherently distinct in one important respect: the services relating to the operation of the vacation homes located in Canada are services in relation to real property situated in Canada and hence are a taxable supply – the services relating to the operation of the Intrawest vacation homes situated outside of Canada are services related to real property situated outside of Canada and hence are a non-taxable supply. ...

Fournier JCQ found (at paras 62, 66, 73-76, TaxInterpretations translation): The RCA proceeds paid to Teitelbaum in 2010 were … a right or property that was part of the estate of Lewin at the time of his death and for which the executors of the estate should have taken possession from its commencement…. ...

. … I believe it was reasonable for the Minister’s Delegate to conclude that a CRA agent would seek to follow up with the Applicant regarding its obviously missing T1135 return.” ...

Since the payment of the sums … to the City of Chandler had the effect of freeing the appellant of its obligation to negotiate in good faith to create a limited partnership, the consideration received by the appellant in exchange for such payment was the amount by which that obligation was extinguished. ...

Section 97 uses the phrase “immediately after... the partnership... acquired the property” in subsection 97(1) …. ...

. … [T]he Notes… are investments by SLT in debt instruments of BNSIL and TDII, which are non-resident entities. ...

It does not embrace a share that, in the event of a reduction or redemption of capital, does not give its holder the right to participate in the corporation's assets …. ...