Search - connection

Counsel for the applicants submits that, while it is proper to use the age criterion in relation to such issues as voting, driving and consumption of alcohol, as he asserts a logical connection between age and these matters, it is improper to do so in relation to the GST refundable credit as there is no similar connection between age and wealth/poverty and between age and financial status. ... It was linked to marital and parental status and had an obvious and logical connection with dependency. ...

At the same time, the Trustee shall debit the share account of such Member with the number of Placer Common Shares or fractions thereof being sold for his account. (5) The Trustee shall then, according to the direction made by the Board as to the purchase of shares with respect to the calendar month in which such shares are to be made, either (i) Place orders with one or more member firms of a stock exchange as provided under Subparagraph (1) of this Paragraph to purchase at the market price in the name of the Trustee or its nominee, the largest number of whole Placer Common Shares which can be purchased with the Net Contributions, after the same has been reduced by the aggregate amount of cash credited to the accounts of those Members for whom shares have been sold pursuant to Subparagraph (4) of this Paragraph, provided, however, that the Trustee shall not be required to purchase shares in the market at times or prices which, in the opinion of the Trustee, would not be consistent with the conduct of orderly transactions in the market for such shares; or (ii) Purchase from Placer or a subsidiary of Placer at the Issued Price the largest number of whole Placer Common Shares which can be purchased with the Net Contributions, after the same has been reduced by the aggregate amount of cash credited to the cash accounts of those Members from whom shares have been sold pursuant to Subparagraph (4) of this Paragraph. (6) After eight of the purchases described in Subparagraph (5) of this Paragraph have been completed, the Trustee shall determine the average price per share (excluding all commissions, taxes and other expenses incurred in connection therewith) at which Placer Common Shares have been acquired, for Members pursuant to Subparagraphs (4) and (5) of this paragraph (hereinafter called the "Purchase Price") and shall cause the share account of each Member to be credited with the number of shares (carried to the fourth decimal place) equal to the amount that was carried in his cash account on such 10th day divided by the Purchase Price. ... At the same time, the Trustee shall debit the cash account of such Member with an amount equal to the Issued Price multiplied by the number of such Placer Common Shares (carried to the fourth decimal place) that have been credited to his share account. (2) The Trustee shall then place orders, with one or more member firms of a stock exchange on which Placer Common Shares are listed to sell at the market the remaining whole number of Placer Common Shares for which it has received directions to sell. (3) After all of the sell orders described in Subparagraph (2) of this Paragraph have been executed, the Trustee shall determine the average price per share (after the payment of all commissions, taxes and other expenses incurred in connection therewith) at which Placer Common Shares have been sold pursuant to Subparagraphs (1) and (2) of this Paragraph and shall cause the cash account of each Member for whom such shares were sold to be credited with an amount equal to such average price per Placer Common Share multiplied by the number of Placer Common Shares that were sold for his account. ... Upon the termination of the membership of any Member, the cash and Placer Common Shares held by the Trustee for the account of such Member shall be distributed as follows: (1) If such Member or his legal representative directs the Trustee, in the manner and within the period described in Paragraph B of this Article, to liquidate his share account, the Trustee shall sell all Placer Common Shares credited to his share account and remit the net proceeds (after the payment of all commissions, taxes and other expenses incurred in connection with such sales or redemptions), together with any amount remaining in his cash account, to him or such legal representative. ...

Four separate issues were raised on appeal in response to reassessments for the 1969 through 1972 taxation years as follows: (a) In computing its income for the 1971 taxation year the appellant asserted that a foreign exchange gain in the amount of $305,007.39 which was realized upon repayment of a loan earlier made by the appellant from a source in the United States of America was a non-taxable capital gain whereas the Minister of National Revenue viewed the gain as taxable income; (b) In computing its income for the 1969 taxation year the appellant deducted the sum of $105,000 paid to the Prudential Insurance Company of America to retire its debt to that company whereas the Minister of National Revenue regarded the amount as an outlay on account of capital not deductible in computing income; (c) In computing its income the appellant deducted legal expenses of $48,059.27, $98,046.52 and $113,117.94 incurred in the 1970, 1971 and 1972 taxation years, respectively, in connection with an abortive attempt to acquire the shares of Maple Leaf Mills Ltd whereas the Minister of National Revenue regarded the amounts so paid as outlays on account of capital; and (d) In computing its income for the 1970, 1971 and 1972 taxation years the appellant deducted the costs incurred by its sign division in the course of producing custom electrical display signs and prior to their completion, delivery and installation, whereas the Minister of National Revenue regarded the expenses aggregating $176,561; $111,724 and $24,693 in the 1970, 1971 and 1972 taxation years, respectively, as the cost of inventory to be deducted in accordance with inventory principles of accounting at the time of delivery or installation of the signs. ... In his submission, there need not be a causal connection between the expenditure of money and the realization of revenue in the year in which the expense was incurred, or at all, in order for the outlay to be deductible for income tax purposes. ... The expenses incurred in connection with the partially completed signs were laid out to bring in income in the next or some other taxation year, not in the year in which they were claimed. ...

In connection with the transactions that are the subject of this case, Ms. ...       [27]                        No controversy arises in this case in connection with subsection 9(1). ... Lech and received something in return, the judge found very little factual connection between Ms. ...

In this connection, I adopt what Urie, J.A. said in The Queen v. Gurd's Products Company Limited: [13] The first question for this Court, then, must be whether or not an intermediate appellate court ought to disturb this finding. ... In that connection, counsel for the Minister did not argue very strongly that the payments of MerBan did not meet the test of paragraph 18(1)(a). ... MerBan's property in this connection was its shares in MKH, and through MKH, its shares in Holdings. ...

Noting that the respondent was not a GST registrant and that, therefore, unlike registered businesses, it could not claim input tax credits (ITCs) for the GST paid to its suppliers, Justice D’Auray considered that Parliament wanted to remedy this fiscal imbalance for non-registrants, like the respondent deemed to have made a taxable supply of a complex, by instituting the rebate mechanism provided for in subsections 256.2(3) and 257(1) of the Act. [14] Justice D’Auray further stated that, in connection with the taxable supply of the new complex, the respondent was entitled to two types of rebates by way of this mechanism. ... This must be so when, as here, Parliament uses two different expressions in connection with the same subject in the same section of an Act. [46] The language of subsection 280(1) and section 280.1 of the Act does not provide us with more information on the gross or net nature of the unremitted or unpaid “amount” on which interest and a penalty may be assessed. ... It aims to “avoid double taxation”. [48] Although explanatory notes issued in connection with taxation statutes are not binding on the Court, they are entitled to some weight and may constitute an important factor in the interpretation of statutes (Silicon Graphics Ltd. v. ...

They import such meanings as “in relation to", "with reference to” or “in connection with.” The phrase “in respect of" is probably the widest of any expression intended to convey some connection between two related subject matters. [13] In that case the Court held that section 87 of the Indian Act which provided that “no Indian or band is subject to taxation in respect of the ownership...of any property” was broad enough to exempt taxable income of an Indian living on a reserve. ... Using some of the similes of “in respect of” employed by the Supreme Court in Nowegijick I find it hard to see why the deductions claimed by the respondent in the present case were not made “with reference to” or “in connection with” the disbursements or expenses incurred by Elco on Elco’s lands even if in the books of the respondent this deduction might be regarded as an allowance. ...

In this connection it is instructive to consider the comments of my brother Ryan, J at page 22 [6683] of the Kingsdale case (supra) relative to a settled trust. ... Other. than furnishing. the token cheques totalling $1,600 all Mr Egnatios did, in my finding, was acquiesce except in connection with the alteration. of some of the secondary trust instruments, after he had signed them. ... On behalf of the respondent, the issuing of the cheques by Mr Egnatios and his evidence in connection with an intention to form a partnership to acquire and operate the Leon furniture business were stressed in connection with the submission that the trusts were created even if the instruments of settlement were invalid. ...

It is significant that Aqviq or Kinguk was charged interest on the 70 per cent advance (ibid. page 44). [13]            In addition to its commission and the interest on the 70 per cent advance, Uhrenholt was authorized to charge Aqviq or Kinguk for a variety of expenses incurred in connection with selling the catch. ... " The final settlement credited by Uhrenholt to Aqviq or Kinguk in connection with a particular trip was based on the selling price to the ultimate purchaser less the 70 per cent advance, interest on that advance, the commission, and the related expenses (Appeal Book, tabs 41-42). ...

[a] class of information” required in connection with assessments. Richardson added that these demands fell instead within the ambit of paragraph 221(1)(d) and section 233 of the Act, which provided: 221. (1) The Governor in Council may make regulations    (d) requiring any class of persons to make information returns respecting any class of information required in connection with assessments under this Act;       233. ...