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SCC (summary)
Canada (Attorney General) v. British Columbia Investment Management Corp., 2019 SCC 63, [2019] 4 SCR 559 -- summary under Subsection 104(1)
. … Canada interprets the legislature’s use of the words “held in trust” as necessarily requiring the existence of a private law trust relationship. ...
SCC (summary)
Bell Canada v. Canada (Attorney General), 2019 SCC 66, [2019] 4 SCR 845 -- summary under Ordinary Meaning
As this Court has reiterated on numerous occasions, this approach requires that the words of the statute be read “in their entire context and in their grammatical and ordinary sense harmonious with the scheme of the Act, the object of the Act, and the intention of Parliament” …. ...
SCC (summary)
Canada v. Loblaw Financial Holdings Inc., 2021 SCC 51, [2021] 3 SCR 687 -- summary under Business
As Justice Rand wrote, “[t]he capital machinery within and by means of which the business earning the income is carried on is distinct from that business itself” (Tip Top Tailors …). ...
SCC (summary)
Mcclurg v. Canada, 91 DTC 5001, [1990] 3 SCR 1020 -- summary under Subsection 56(2)
S. 56(2) did not apply to redistribute $8,000 (= $10,000 x 400/500) of the $10,000 dividend received by Mrs. ...
SCC (summary)
Neuman v. M.N.R., 98 DTC 6297, [1998] 1 SCR 770, [1998] 3 CTC 177 -- summary under Subsection 56(2)
The articles of Melru left the amount of dividends to be declared on the Class F and G shares largely in the discretion of the director, except that: dividends on the Class G shares could not exceed a return of prime + 1% on their redemption price; and after dividends of $0.01 per share were paid on the Class F share, dividends of $0.01 per share were required to be declared on the common shares before further dividends on the Class F shares could be declared. ...
SCC (summary)
Guindon v. Canada, 2015 SCC 41, [2015] 3 SCR 3 -- summary under Subsection 163.2(4)
See summary under s. 163.2(1) – culpable conduct. ...
SCC (summary)
Hickman Motors Ltd. v. Canada, 97 DTC 5363, [1997] 2 S.C.R. 336, [1998] 1 CTC 213 -- summary under Paragraph 1102(1)(c)
. … The second part of the test… determined by an objective evaluation of the specific facts and circumstances of each case in relation to appropriate jurisprudence, having regard to whether the taxpayer acted in accordance with reasonably acceptable principles of commerce and business practices. ...
SCC (summary)
Irving Oil Ltd. et al. v. Provincial Secretary of New Brunswick, [1980] 1 SCR 787 -- summary under Regulations/Statutory Delegation
. … If by issuing no definition, the result was, as the Appeal Division held, that the claim of exemption failed it would mean that by the simple expedient of not making use of the defining power, the Minister could make his decisions unassailable. ...
SCC (summary)
Canada (Attorney General) v. British Columbia Investment Management Corp., 2019 SCC 63, [2019] 4 SCR 559 -- summary under Section 8.1
Absent express direction to the contrary, undefined terms in a taxation statute must be interpreted according to their established and accepted legal meaning …. ...
SCC (summary)
Gifford v. Canada, 2004 DTC 6120, 2004 SCC 15, [2004] 1 SCR 411 -- summary under Financing Expenditures
. … This distinction means that under our Act it is only necessary to consider what the proceeds of the loan are to the borrower when they are received, and does not require an examination of what those loan proceeds are spent on. ...