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BCSC decision

Deloitte and Touche Inc. Formerly Known as Touche Ross Limited, Receiver-Manager of Esket Wood Products Ltd. v. Starline Lumber Inc., All Nations Trust Company and Attorney General of Canada, [1992] 1 CTC 102

I was referred to the following further authorities on this question: Hubbuck v Helms (1887) 56 LJ Ch 536, Robson v Smith [1985] 2 Ch 118, Re Victoria Steamboats Ltd. [1897] 1 Ch 158, Davey & Co v Williamson & Sons Ltd. [1898] 2 QB 194, Re Yorkshire Woolcombers Association Ltd. [1903] 2 Ch 284 (Illingworth's case in the Court of Appeal), Edward Nelson & Co Ltd v Faber & Co [1903] 2 KB 367, Evans v Rival Granite Quarries Ltd [1910] 2 KB 979, and Re Crompton & Co Ltd [1914] 1 Ch 954. ... This problem was overcome in a practical way Ms. Swystun stated the general nature of the document and the reason for her claim to privilege, and the contents so far as it was proper to disclose them; Ms. ... NOTE The formal order disposing of the documents, which includes the working list as I have said earlier, forms part of the Appendix.) ...
BCSC decision

Kevin Radke and K.J.R. Development Group Ltd. v. Minister of National Revenue, [1996] 3 CTC 86

.: The petitioners ask for an order pursuant to section 232(4) of the Income Tax Act that they have solicitor-client privilege over the file of Douglas W. ... I have reminded myself, as I did in British Columbia (Minister of Environment, Lands & Parks) v. British Columbia (Information & Privacy Commissioner) (1995), 16 B.C.L.R. (3d) 64 (S.C.) of the sanctity that must be afforded to solicitor-client privilege. ...
BCSC decision

Estate of Percival Archibald Woodward. v. Minister of Finance of British Columbia, [1970] CTC 444

Woodward or other persons to the Foundation ‘‘for religious, charitable or educational purposes’’ and such gifts bequeathed to a “religious, charitable or educational organization are exempt from liability to pay succession duty. ... However, counsel for the Minister submits that the words ‘‘and any determination of the Minister made under this subsection is hereby ratified and confirmed and binding on all persons make the principles of law above referred to inapplicable to this case. ...
BCSC decision

R. v. Vinkle, [1999] 2 CTC 212

(see James Richardson & Sons Ltd. v. Minister of National Revenue (1984), 9 D.L.R. (4th) 1 (S.C.C.) @ p. 9, per Madam Justice Wilson). ... Branch, [1995] 2 S.C.R. 3 (S.C.C.), at pp. 14-15: the crucial question is whether the predominant purpose for seeking the evidence is to obtain incriminating evidence against the person compelled to testify or rather some legitimate public purpose... ... [signature] Deputy Commissioner Operations RCMP Date 92/01/14 “k” The Protection of Information General 1. ...
BCSC decision

Royal Bank v. Tuxedo Transport Ltd., [1999] 3 CTC 393

Manning & Associates Inc. shall have the authority to compromise accounts receivable and debts in order to facilitate the collection of accounts receivable. ... The duty of the interim receiver is to preserve the debtor’s assets: Stuart & Sutterby, Re (1929) 11 C.B.R. 1 (Ont. ... Port O’Call Hotel Inc., supra, described the essence of the section as follows: “... s.224(1.2) provides a form of garnishment enabling the federal government to intercept monies owed to tax debtors.” ...
BCSC decision

Re Cox, 88 DTC 6494, [1988] 2 CTC 365 (BCSC)

Pitfield made a further submission of a rather technical nature, but when one looks at the statute with a restrictive eye and indeed, apart from the rule enunciated in Descoteaux, all taxing statutes are required to be interpreted strictly it has merit. ...
BCSC decision

Berg (D.) v. Parker Pacific Equipment Sales, [1991] 1 CTC 442

:—This application requires resolution of an issue between Revenue Canada and the respondent, Parker Pacific Equipment Sales (” Parker Pacific"), each of whom assert a prior proprietary right to an amount of $9,776 paid by way of interpleader into court by the petitioners, Berg and Hazell. ... Nonetheless, notwithstanding the positivity with which Wright expresses himself, he does not deal with the findings in previous cases, in which a different result obtained that the legislation falls short of effecting a transfer of property in the funds or establishing priority of Revenue Canada's claim.” ...
BCSC decision

Helen Gordon McPherson v. Alfred Vang, [1967] CTC 39, 67 DTC 5041

I have, therefore, only had an opportunity of reading the short note in the above reporting service and, with respect, it seems to me that, even if a person were ‘‘otherwise legally entitled to information which the Minister has obtained under the Act, that person is still faced with the statutory provision which gives the Minister a discretion as to whether he will communicate such information. The fourth subsection commences, ‘‘ An official or authorized person may... communicate, ete.’’ ... Lord Dunedin says, in. the case I have already cited, at page 423: “... ...
BCSC decision

Robert G. Heath Et Al. v. Her Majesty the Queen, [1990] 2 CTC 28

Edwards, an officer employed by the Department of National Revenue, served a letter addressed to: Heath Irving & Walton Attn: R.G. ... He pointed out the initial investigation section of the statute (then subsection 126(1)) referred to entry into any premises where ”... any books or records are, or should be kept pursuant to this Act... ... I note that the present version of subsection 126(1) (now subsection 231(1)) simply reads: where ”... any books or records are or should be kept... ...
BCSC decision

Deputy Minister of National Revenue v. Gerald Donald Jackman, [1992] 2 CTC 160

In June of 1991, after receiving Requirements for Information” from Revenue Canada, the respondent retained the law firm Thorsteinssons in Vancouver to act for him in his dealings with Revenue Canada. 7. ...

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