Search - connection

Two English decisions are worth noting in this connection. Firstly, there is the case of Mersey Docks and Harbour Board v Proctor, [1923] AC 253 at 258-9. ...

The Proposal   1.1               TSI will at its own expense:   (a)        file, seek creditor approval of and Ontario Superior Court of Justice, in Bankruptcy and Insolvency (the "Court"), approval of (including the required order of the Court as authorized under section 191 of the Canada Business Corporations Act (the "CBCA"), and   …   1.3       Upon implementation of the Proposal and completion of this Agreement:   (a)        except as expressly agreed in writing by NRT, TSI will have no liabilities of any nature, kind or priority whatsoever, including any liabilities to which TSI may become subject on or after the filing of the Proposal (collectively, "Liabilities"), and shall own the following property and assets:   (i)                  the property and assets (including books and records) described in the attached Schedule "C"; and   (ii)                the full benefit of and entitlement to the use without restriction of non-capital loss carryforwards for income tax purposes in the amount of at least $15 million measured as if TSI had a year-end for tax purposes immediately prior to the completion of the Transaction and after such tax loss carryforwards have been reduced or otherwise adjusted by any debt forgiveness or other matters arising from the Transaction including the Proposal (collectively, all such tax loss carryforwards being the "Tax Losses");   …   7.2       The Consideration shall be used solely and exclusively for the purposes of:   (a)        payment of TSI’s legal, consulting and Trustee’s fees and disbursements in connection with this Agreement, the Proposal, the BIA proceedings and the Transaction, not to exceed $200,000; and   (b)        payment by the Trustee of the distributions to creditors of TSI required under the Proposal ...

Thompson, [1990] 2 S.C.R. 1111, 73 D.L.R. (4th) 596, [1990] 6 W.W.R. 481, in connection with authorizations to wiretap in a dwelling. ...

What it shows is that the Tax Court Judge became overly concerned about an issue that had no substantial connection with the outcome ...

The legal expenses incurred by the Appellant in connection with the Action were fully deducted on a current basis on income in the year incurred for both accounting and income tax purposes. 18.            ...

The appellant left Canada in 1923, after having severed all his business connections, and after having made public his intention of ceasing to be a resident of 'Canada. ...

Nor, in my view, does Emerson (4.03.3(7)) apply, because the source of income had completely disappeared, but there was no other source having any connection with the loan as there is here: in the present ease, while the source of income derived from the loan had disappeared, the first source, which had moreover made the loan possible, still exists, and again it is as a result of that first source that the appellants were able to continue to pay the loan, the condition sine qua non for preserving that source. 4.04.2(3)(a) Can we not say that, beginning on June 23, 1983, there was a change of source? ...

In other words, without knowing what costs a family would bear for institutional care, there is no factual foundation for the conclusion that there is a causal connection between the quantum of tax relief for disability- related costs of home care and the choice between home care and institutional care. ...

—Any person thereunto authorized by the Minister, for any purpose related to the administration or enforcement of this Act, may, at all reasonable times, enter into any premises or place where any business is carried on or any property is kept or anything is done in connection with any business or any books or records are or should be kept, and (a) audit or examine the books and records and any account, voucher, letters, telegram or other document which relates or may relate to the information that is or should be in the books or records or the amount of tax payable under this Act, (b) examine property described by an inventory or any property, process or matter an examination of which may, in his opinion, assist him in determining the accuracy of an inventory or in ascertaining the information that is or should be in the books or records or the amount of any tax payable under this Act, (c) require the owner or manager of the property or business and any other person on the premises or place to give him all reasonable assistance with his audit or examination and to answer all proper questions relating to the audit or examination either orally or, if he so requires, in writing, on oath or by statutory declaration and, for that purpose, require the owner or manager to attend at the premises or place with him, and (d) if, during the course of an audit or examination, it appears to him that there has been a violation of this Act or a regulation, seize and take away any of the documents, books, records, papers or things that may be required as evidence as to the violation of any provision of this Act or a regulation. (2) Return of documents, books, etc. ...

Fogler, Rubinoff, $75,549.84 for their services in connection with these transactions. ...