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TCC

Fletcher Challenge Investments Inc. v. R., [1998] 3 CTC 2101, 98 DTC 1721

All amounts of interest paid by FCICL to the Toronto-Dominion Bank with respect to money borrowed in connection with the Appellant’s issue of shares to the public. ... All loan arrangement fees paid by FCICL to the Toronto-Dominion Bank with respect to money borrowed in connection with the Appellant’s issue of shares to the public. 3. ...
TCC

Sutcliffe v. R., [1998] 3 CTC 2162

We had gone to a what they call a Million Dollar Forum class and we had developed some connections in there. ... And that’s how I come to get the different connections all of a sudden. ...
TCC

Turcotte v. R., [1998] 3 CTC 2359

Firstly, a prize received in connection with an office or employment is taxable in accordance with the provisions contained in ss. 5 to 8 of the Act, dealing specifically with income or loss from an office or employment. ... There must be a connection between the ordinary field of endeavour, the achievement and the awarding of the prize. ...
TCC

Merchant v. R., [1998] 3 CTC 2505, 98 DTC 1734

This was in connection with a legal action brought by Mr. Merchant against the Canadian Broadcasting Corporation. ... Merchant’s wife allegedly for doing some filing in connection with some board that Mr. ...
TCC

Corriveau v. R., [1999] 2 CTC 2300

He referred in this connection to the decision of this Court in Business Art Inc. v. ... He argued that the cases do not require a direct connection between the loan and the income. ...
TCC

Tobias v. R.!, [1999] 2 CTC 2351

Where a person has severed his connection with the corporation of which he is a director, such action relieves the person of vicarious liability for the corporation’s default in remitting deductions at source. ... I am satisfied that reasonable grounds existed for the appellant’s belief that he had severed his connection with the Company as director and secretary-treasurer and concomitantly his responsibility for it when he placed his resignation in the hands of the Company’s president and it was accepted by him. ...
TCC

Lalancette v. R., [1999] 2 CTC 2460, 98 DTC 2058

Tab 46: Copy of a declaration of general contractor’s lien made on September 10, 1991, by Jean-Eudes Lalancette for and on behalf of 133139 Canada Ltée at the registration division for the district of Chicoutimi in connection with a construction contract with Pierre Tremblay et al. ... CHICOUTIMI, April 22, 1993 (s) CAIN, LAMARRE, WELLS CAIN, LAMARRE, WELLS Attorneys for the plaintiff-applicant Tab 55: Copy of the arrest warrant issued on April 23, 1993, by a judge of the Court of Quebec for the district of Chicoutimi against Jean-Eudes Lalancette in connection with the lawsuit by Excavations Roger Piché Inc. against 133139 Canada Ltée (file no. 150-02-000846-922) CANADA PROVINCE OF QUEBEC DISTRICT OF CHICOUTIMI COURT OF QUEBEC (Civil Division) No.: 150-02-000846-922 LES EXCAVATIONS ROGER PICHE INC. ...
TCC

Cardella v. R., [1999] 2 CTC 2544, 99 DTC 631

At issue is the deductibility in computing the Appellant’s income of expenses incurred in connection with two limited partnership units held by him, namely, one unit of Gerrard Associates Limited Partnership (“GA”) and one unit of Collegeway Associates Limited Partnership (“CA”). ... He asserted that there exists no requirement that expenses incurred in connection with such adventures be deferred and added to the cost of the property which is the subject of the adventure. ...
TCC

Dr. Kris Rao, Appellant v. The Minister of National Revenue, Respondent, [1999] 2 CTC 2783, 99 DTC 413

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. ...
TCC

Atelier Béton Inc. v. The Queen, 2022 TCC 2 (Informal Procedure)

If the activities carried out by the appellant in respect of either of the two projects qualify as SR&ED, then it will be necessary to determine whether the expenditures incurred by the appellant in connection with one or both projects are deductible expenditures under section 37 of the Act, as well as qualified expenditures for the purposes of calculating the ITC under subsection 127(5) of the Act. ... The appellant did not conduct any systematic testing of the causes of the technical problems encountered at each stage of its research projects. (3) Scientific method [38] In determining whether this criterion has been met, it is necessary to consider whether the procedures adopted accord with established and objective principles of scientific method, characterized by trained and systematic observation, measurement and experiment, and the formulation, testing and modification of hypotheses (see para. 16 of Northwest Hydraulics Consultants Ltd., supra). [39] The analysis of the evidence reveals that the Appellant did not adopt a scientific method in carrying out its research activities in connection with its two projects. ...

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