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EC decision

William Ewart Bannerman v. Minister of National Revenue, [1957] CTC 375, 57 DTC 1249

In 1929, the appellant, whose main occupation was and still is that of an important executive in a large company, and possessed of a substantial investment income, formed with a business acquaintance since deceased, and hereinafter called " " the managing director ”, "‘C‘‘ company, each acquiring 50 per cent of the issued shares. ... Batshaw, J., in his judgment removing the managing director and appointing the interim liquidator, said: “... the Court is of the opinion that the elementary rules of ordinary business morality would preclude the application of that by-law” (which gave the president a casting vote) “in favour of a president who sought to use same to perpetuate his corrupt administration...” ...
EC decision

Ronald K. Fraser v. Minister of National Revenue, [1964] CTC 1, [1964] DTC 5003

Rose & Co., Limited which has been making real estate appraisals in Saint Catharines since 1910. ... Willoughby & Sons Limited, engaged in the business of realtors since 1900. ... None whatever. In the face of such uncontradicted testimony, I am not prepared to draw any inference leading to the conclusion the sale to Geneva was a colourable transaction. ...
EC decision

The Queen v. Morris Mendelson, [1953] CTC 85, 53 DTC 1067

MENDELSON Antiques Silver Gold WE BUY and SELL ANYTHING OF VALUE 167 Craig Street West Next door to Tramways Bldg. ... The interpretation of the code letters is found in the business card giving the number of the transaction, in this case, ‘* #'5498’’, and opposite it the date, ‘‘October 10, 1948’’, which is the date on or before which the article in question may be redeemed. ...
EC decision

Minister of National Revenue v. Haddon Hall Realty Inc., [1959] CTC 291, 59 DTC 1145

Wakely & Wheeler, [1911] 1 K.B. 905 at 923, Buckley, L.J., giving his opinion on repairs, said: “Repair always involves renewal; renewal of a part; of a Subordinate part. ... Repair is restoration by renewal or replacement of subsidiary parts of a whole. In the same judgment, at page 919 Fletcher Moulton, L.J., stated: “For my own part, when the word ‘repair’ is applied to a complex matter like a house, I have no doubt that the repair includes the replacement of parts.... ... In the case of Samuel Jones & Co. (Devondale) Ltd. v. Commissioners of Inland Revenue (1951), 32 T.C. 513, a chimney of a factory was replaced because of its dangerous condition. ...
EC decision

James N. Sissons v. Minister of National Revenue, [1968] CTC 363, 68 DTC 5236

Counsel for the appellant submitted, among other things: (1) that the monies received on the redemption of these said debentures were not from a "‘business'' within the meaning of the extended definition in Section 139(1) (e) of the Income Tax Act but rather as a result of the maturities of investments; (2) that no ‘‘benefit’’ was conferred on the appellant in 1961 within the meaning of Section 8(1) of the Income Tax Act because the said first transaction constituted a " " re-organization” of the business of J. ...
EC decision

Equitable Acceptance Corporation Limited v. Minister of National Revenue, [1964] CTC 74, 64 DTC 5045, [1964] CTC 73

The Guarantor further covenants and agrees to transfer and assign unconditionally to Triarch as an assignee for value, a policy or policies of insurance on the life of the Guarantor to an aggregate amount of not less than $150,000, such policy or policies to be issued by an insurer or insurers acceptable to Triarch. Despite the fact that the obligation to transfer and assign life insurance policies on the life of the guarantor to Triarch was that of the guarantor, Emil E. ...
EC decision

Gordon Chutter v. Minister of National Revenue, [1955] CTC 377, 55 DTC 1239

Whether the gain or profit from a particular transaction is an item of taxable income cannot, therefore, be determined solely by whether the transaction was an isolated one or not. And at page 633 [[1948] C.T.C. 336]: “While it may not be possible to define the line between the class of cases of isolated transactions the profits from which are not assessable to income tax and that of those from which the profits are so assessable more precisely than in the tests referred to, it is clear that the decision cannot be made apart from the facts. ...
EC decision

Minister of National Revenue v. Stovel Press Limited, [1953] CTC 217, 53 DTC 1135

In computing the amount of the profits or gains to be assessed, a deduction shall not be allowed in respect of (n) depreciation, except such amount as the Minister in his discretion shall allow, including Provided, however, that the Minister shall not allow a deduction in respect of depreciation of assets owned by an incorporated taxpayer from the income of the said taxpayer if he is satisfied that the said taxpayer directly or indirectly had or has a controlling interest in a company or companies previously the owner or owners of the said assets or that the said previous owner (which term shall include a series of owners) directly or indirectly had or has a controlling interest in the said taxpayer or that the said taxpayer and the previous owner were or are directly or indirectly subject to the same controlling interest and that the aggregate amount of deductions which have been allowed to the said taxpayer and/or the said previous owner in respect of the depreciation of such assets is equal to or greater than the cost of the said assets to the said previous owner or to the first of the previous owners where more than one; The facts are not in dispute. ...
EC decision

MNR v. Taylor, 56 DTC 1125, [1956] CTC 189 (Ex Ct)

Section 127(1) (e) defines ‘‘business’’ as follows: “127. (1) In this Act, (e) ‘business’ includes a profession, calling, trade, manufacture or undertaking of any kind whatsoever and includes an adventure or concern in the nature of trade but does not include an office or employment; And Section 5 provides in part: “5. ... Thus, the respond- \ ent’s venture has “paid off’’ not only for the Company but for the respondent as well. ... This seems to me, inescapably, a commercial deal in secondhand plant. Later, he said, at page 58: ‘“There remains the fact which was avowedly the original ground of the commissioners’ decision—‘this was an isolated ease’. ...
EC decision

Frank C. Bower v. The Minister of National Revenue, [1949] CTC 77

I do not think that the lawyer as such can help him very much. The two cases last cited are excellent illustrations of the fact that under the United Kingdom Act the Court’s appellate jurisdiction is confined to questions of law. ... “Practice of optometry’’ means the employment of any means other than drugs, medicine or surgery for the measurement or aid of the powers of vision or the supplying of lenses or prisms for the aid thereof. The statutory definition seems to be applicable either to the occupation of an "‘optometrist’’ or to that of an "‘optician’’, as these terms are ordinarily understood. ... The Act does not describe the practice of optometry as a profession but uses the word "‘professional’’ in a number of contexts, such as ‘‘ professional conduct,” “‘professional ethics’’ and "‘professional services.’’ ...

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