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Decision summary

Re Nortel Networks Corp., 2014 ONSC 6973 -- summary under Subsection 247(2)

" See summary under Treaties Art. 9. ...
Decision summary

Brown v. Helvering, 290 U.S. 193 (1933) -- summary under Timing

With respect to the initial character of each overriding commissions as income when receivable, Brandeis J. stated (p. 199): "... the mere fact that some portion of it might have to be refunded in some future year in the event of cancellation or reinsurance did not affect its quality as income... ...
Decision summary

La Salle Recreations Ltd. v. Canadian Camdex Investments Ltd. (1969), 4 D.L.R. (3d) 549 (B.C.C.A.) -- summary under Real Property

Especially must this be so where the chattels being considered are subject to wear and tear through use In my opinion the word “permanent”, as used by King J. should be interpreted for the purposes of this appeal as indicating the object of having the carpeting remain where it is so long as it serves its purpose. ...
Decision summary

Wesdome Gold Mines Ltd. v. ARQ, 2014 QCCQ 8444, partially aff'd 2018 QCCA 518 -- summary under Subsection 152(1)

. It is provided that in such a case, by virtue of the dissolution of a business corporation, its rights and obligations become those of its sole shareholder, which becomes a party to any judicial or administrative proceeding to which the dissolved corporation was a party. ...
Decision summary

Rice v. ARQ, 2016 QCCA 666 -- summary under Subsection 91(24)

Hesler CJQ further dismissed the appellants claim that a Quebec regulation requiring retailers to verify, at the time of sale, the identity of a purchaser claiming to be an Indian, undercut the exclusive federal power over Indians, stating (at paras 100 & 112): …Notwithstanding s. 91(24), provincial laws of general application apply proprio vigore to Indians and Indian lands… …[T]he appellants’ failure to acknowledge or avail themselves of workable solutions does not render the budget measures unconstitutional… [T[heir refusal to participate more likely flows from a desire to preserve a competitive advantage than an inability to shoulder an excessive administrative burden. ...
Decision summary

Emballages Starflex Inc. v. Agence du revenu du Québec, 2016 QCCA 1856 -- summary under Income-Producing Purpose

The Supreme Court further commented in discussing Olympia... and Impenco Ltd …: “If a specific provision exists which limits deductibility in respect of that purpose, then that should be the end of the matter.” ...
Decision summary

British Columbia Investment Management Corp. v. Canada (A. G.), 2016 BCSC 1803 -- summary under Section 122

He stated: Section 16 of [bcIMC’s incorporating legislation] states that bcIMC “…is not liable for taxation except as the government is liable for taxation ”. ...
Decision summary

Lauber v. Reid, 2016 QCCA 1587 -- summary under Subsection 223(1)

. [T]he services in question are taxable because the law provides that unless specifically stipulated, GST and PST are not included in the gross price for the taxable goods or service. ...
Decision summary

Revenue and Customs Commissioners v. Findmypast Ltd., [2017] CSIH 59 -- summary under Subsection 168(6)

., birth and death records) whose number was determined in accordance with parameters that were subject to change by the site and with a significant number of the credits never being applied in the periods in question. ...

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