Search - connection

The class C preference shares were only to be used in connection of what is known as a “section 85 roll-over”. ... Ng in connection with the purchase by the Company of certain of the assets of her medical practice. ...

No connection was established between any specific amount of employment income received by the Appelant and time spent by him at his home. ... However the connection between time spent in the home receiving those calls and the receipt of employment income is, at best, tenuous. ...

On this issue, the parties proceeded principally on the basis of an Agreed Statement as to Facts which statement reads as follows: Agreed Statement as to Facts The Appellant and the Respondent do hereby agree with each other in connection with the truth and accuracy of the following facts and statements: 1. ... He refers further to what are known as the oppression provisions in the said B.C.A.S., namely: 234(1) A complainant may apply to a court for an order under this section. (2) If, upon an application under subsection (1), the court is satisfied that in respect of a corporation or any of its affiliates: (a) any act or omission of the corporation or any of its affiliates affects a result: (b) the business or affairs of the corporation or any of its affiliates are or have been carried on or conducted in a manner: or (c) the powers of the directors of the corporation or any of its affiliates are or have been exercised in a manner: that is oppressive or unfairly prejudicial to or that unfairly disregards the interests of any security holder, creditor, director or officer, the court may make an order to rectify the matters complained of. (3) In connection with an application under this section, the court may make any interim or final order it thinks fit including, without limiting the generality of the foregoing: (a) an order restraining the conduct complained of; (b) an order appointing a receiver or receiver-manager; (c) an order to regulate a corporation’s affairs by amending the articles or bylaws or creating or amending a unanimous shareholder agreement; (d) an order directing an issue or exchange of securities; (e) an order appointing directors in place of or in addition to all or any of the directors in office; (f) an order directing a corporation, subject to subsection (6), or any other person, to purchase securities of a security holder; (g) an order directing a corporation, subject to subsection (6), or any other person, to pay to a security holder any part of the moneys paid by him for securities; (h) an order varying or setting aside a transaction or contract to which a corporation is a party and compensating the corporation or any other party to the transaction or contract; (i) an order requiring a corporation, within a time specified by the court, to produce to the court or an interested person financial statements in the form required by section 149 or an accounting in such other form as the court may determine; (j) an order compensating an aggrieved person; (k) an order directing rectification of the registers or other records of a corporation under section 236; (l) an order liquidating and dissolving the corporation; (m) an order directing an investigation under Division XVII to be made; (n) an order requiring the trial of any issue. (4) If an order made under this section directs amendment of the articles or bylaws of a corporation: (a) the directors shall forthwith comply with subsection (4) of section 185; and (b) no other amendment to the articles or bylaws shall be made without the consent of the court, until a court otherwise orders. (5) A shareholder is not entitled to dissent under section 184 if an amendment to the articles is effected under this section. (6) A corporation shall not make a payment to a shareholder under clause (f) or (g) of subsection (3) of there are reasonable grounds for believing that: (a) the corporation is or would after that payment be unable to pay its liabilities as they become due; or (b) the realizable value of the corporation’s assets would thereby be less than the aggregate of its liabilities. (7) An applicant under this section may apply in the alternative for an order under section 207. ...

On this issue, the parties proceeded princi- pally on the basis of an Agreed Statement as to Facts which statement reads as follows: Agreed Statement as to Facts The Appellant and the Respondent do hereby agree with each other in connection with the truth and accuracy of the following facts and statements: 1. ... He refers further to what are known as the oppression provisions in the said B.C.A.S., namely: 234(1) A complainant may apply to a court for an order under this section. (2) If, upon an application under subsection (1), the court is satisfied that in respect of a corporation or any of its affiliates: (a) any act or omission of the corporation or any of its affiliates affects a result; (b) the business or affairs of the corporation or any of its affiliates are or have been carried on or conducted in a manner; or (c) the powers of the directors of the corporation or any of its affiliates are or have been exercised in a manner; that is oppressive or unfairly prejudicial to or that unfairly disregards the interests of any security holder, creditor, director or officer, the court may make an order to rectify the matters complained of. (3) In connection with an application under this section, the court may make any interim or final order it thinks fit including, without limiting the generality of the foregoing: (a) an order restraining the conduct complained of; (b) an order appointing a receiver or receiver-manager; (c) an order to regulate a corporation’s affairs by amending the articles or bylaws or creating or amending a unanimous shareholder agreement; (d) an order directing an issue or exchange of securities; (e) an order appointing directors in place of or in addition to all or any of the directors in office; (f) an order directing a corporation, subject to subsection (6), or any other person, to purchase securities of a security holder; (g) an order directing a corporation, subject to subsection (6), or any other person, to pay to a security holder any part of the moneys paid by him for securities; (h) an order varying or setting aside a transaction or contract to which a corporation is a party and compensating the corporation or any other party to the transaction or contract; (i) an order requiring a corporation, within a time specified by the court, to produce to the court or an interested person financial statements in the form required by section 149 or an accounting in such other form as the court may determine; (j) an order compensating an aggrieved person; (k) an order directing rectification of the registers or other records of a corporation under section 236; (l) an order liquidating and dissolving the corporation; (m) an order directing an investigation under Division XVII to be made; (n) an order requiring the trial of any issue. (4) If an order made under this section directs amendment of the articles or bylaws of a corporation: (a) the directors shall forthwith comply with subsection (4) of section 185; and (b) no other amendment to the articles or bylaws shall be made without the consent of the court, until a court otherwise orders. (5) A shareholder is not entitled to dissent under section 184 if an amendment to the articles is effected under this section. (6) A corporation shall not make a payment to a shareholder under clause (f) or (g) of subsection (3) of there are reasonable grounds for believing that: (a) the corporation is or would after that payment be unable to pay its liabilities as they become due; or (b) the realizable value of the corporation’s assets would thereby be less than the aggregate of its liabilities. (7) An applicant under this section may apply in the alternative for an order under section 207. ...

On this second issue, the parties proceeded principally on the basis of an Agreed Statement as to Facts which statement reads as follows: Agreed Statement as to Facts The Appellant and the Respondent do hereby agree with each other in connection with the truth and accuracy of the following facts and statements: 1. ... He refers further to what are known as the oppression provisions in the said B.C.A.S., namely: 234 (1) A complainant may apply to a court for an order under this section. (2) If, upon an application under subsection (1), the court is satisfied that in respect of a corporation or any of its affiliates: (a) any act or omission of the corporation or any of its affiliates affects a result; (b) the business or affairs of the corporation or any of its affiliates are or have been carried on or conducted in a manner; or (c) the powers of the directors of the corporation or any of its affiliates are or have been exercised in a manner; that is oppressive or unfairly prejudicial to or that unfairly disregards the interests of any security holder, creditor, director or officer, the court may make an order to rectify the matters complained of. (3) In connection with an application under this section, the court may make any interim or final order it thinks fit including, without limiting the generality of the foregoing: (a) an order restraining the conduct complained of; (b) an order appointing a receiver or receiver-manager; (c) an order to regulate a corporation’s affairs by amending the articles or bylaws or creating or amending a unanimous shareholder agreement; (d) an order directing an issue or exchange of securities; (e) an order appointing directors in place of or in addition to all or any of the directors in office; (f) an order directing a corporation, subject to subsection (6), or any other person, to purchase securities of a security holder; (g) an order directing a corporation, subject to subsection (6), or any other person, to pay to a security holder any part of the moneys paid by him for securities; (h) an order varying or setting aside a transaction or contract to which a corporation is a party and compensating the corporation or any other party to the transaction or contract; (i) an order requiring a corporation, within a time specified by the court, to produce to the court or an interested person financial statements in the form required by section 149 or an accounting in such other form as the court may determine; (j) an order compensating an aggrieved person; (k) an order directing rectification of the registers or other records of a corporation under section 236; (l) an order liquidating and dissolving the corporation; (m) an order directing an investigation under Division XVII to be made; (n) an order requiring the trial of any issue. (4) If an order made under this section directs amendment of the articles or bylaws of a corporation: (a) the directors shall forthwith comply with subsection (4) of section 185; and (b) no other amendment to the articles or bylaws shall be made without the consent of the court, until a court otherwise orders. (5) A shareholder is not entitled to dissent under section 184 if an amendment to the articles is effected under this section. (6) A corporation shall not make a payment to a shareholder under clause (f) or (g) of subsection (3) of there are reasonable grounds for believing that: (a) the corporation is or would after that payment be unable to pay its liabilities as they become due; or (b) the realizable value of the corporation’s assets would thereby be less than the aggregate of its liabilities. (7) An applicant under this section may apply in the alternative for an order under section 207. ...

As a result I am left with no clear picture of the expenses actually incurred by him in connection with these properties. If they have been overstated by him, and as a result the losses are exaggerated, then he is the author of his own misfortune, because I have concluded, at least in part on the basis of the long and unbroken string of very large losses claimed by him, that the Appellant could have had no reasonable expectation of profit in connection with these properties, and that he consequently had no business, and no source of income therefrom. ...

Finally, in connection with this first item, if Mr. Boddez was concerned at the time of the discovery (June 29, 1999) with whether Mr. ... Turner’s thoughts in connection with those possible similar transactions are not relevant in determining the questions of fact before the Court in these four appeals. ...

Its objects were: (a) To carry on the business of an investment and holding company, and in connection therewith to acquire, purchase, employ, hold, sell, assign, transfer, mortgage, lease, exchange, dispose of, improve and deal in property real and personal, of every kind and description including land and any interest therein and stocks, shares, bonds, chattel mortgages, debentures and securities and evidences of indebtedness and to enjoy and exercise all the rights and privileges of such ownership, including the right to build upon, work, operate, develop, improve or in any way utilize any such real or personal property. ... I cannot conclude that the advances which were made to Port-May would not have been made in the absence of the connection between Mr Swystun and that company. ...

Mr Dichter stated that the latter was made in connection with his first venture into cattle. ... It had, on previous occasions given, the accommodation to the individual principals of the actual business connection. ...

He used his automobile as a means of transportation in connection with his employment, particularly to attend meetings and conferences in the Montreal area about three or four times per week, and in other localities about once or twice per month. ... —all amounts received by him in the year as an allowance for personal or living expenses or as an allowance for any other purpose, except (viii) allowance (not in excess of reasonable amounts) for travelling expense received by an employee (other than an employee employed in connection with the selling of property or negotiating of contracts for his employer) from his employer if they were computed by reference to time actually spent by the employee travelling away from (A) the municipality where the employer’s establishment at which the employee ordinarily worked or to which he ordinarily made his reports was located, and (B) the metropolitan area, if there is one, where the establishment was located, in the performance of the duties of his office or employment, Section 8(1)(h): (1) In computing a taxpayer’s income for a taxation year from an office or employment, there may be deducted such of the following amounts as are wholly applicable to that source or such part of the following amounts as may reasonably be regarded as applicable thereto: (h) Travelling expenses. ...