Search - connection

The Appellants argue that the right of setoff arises when there is a mutuality of parties and a connection between the claims made by each. [2] This right was described by Middleton J. as follows: [3] There is, however, another equity which has sometimes been called ‘set-off but which does not in any way depend upon the statute, which arises when the claims are upon the same contract or are so interwoven by the dealings between the parties that the Court can find there has been established a mutual credit, or an agreement, express or implied, that the claims should be set one against the other. ... Without such connection, an equity to set-off will not necessarily be granted, an intention to liquidate a debt by the other would have to be found (see s. 130, Canadian Encyclopaedic Digest (Western) 3rd edition, Debtor and Creditor). ...

The Appellant has failed to establish any connection between these expenses and the Barcrest sale. ... Minister of National Revenue (1985), 85 D.T.C. 455 (T.C.C.). 27 27(1985), 85 D.T.C. 272 (T.C.C.), at 274. 28 28(1995), 96 D.T.C. 1686 (T.C.C.), at 1689 29 Paragraph 54(g)(iii)- Income Tax Act 30 Exhibit R-16- Appellant’s accountants calculations. 31 Exhibit R-16- page 2. 32 Exhibit R-16- page 2 33 Exhibit R-7- Letter dated April 27, 1989 from Helson Kogon to the Appellant enclosing statements setting out the amounts received and paid out in connection with the purchase and sale of Barcrest and the Nowak farm 34 l‘he Appellant’s testimony with respect to Furlong’s involvement is inconsistent, if not contradictory. ...

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. [42] According to the Brandon Affidavit, on January 15, 2016, the Respondent sent to the Appellant a copy of a 2016 CRA position paper prepared by the auditors responsible for the audit of the Program and the audit reports of the Appellant dated June 21, 2004 and July 11, 2005. ...

The context of the provision is to expand the definition of a series which is an indication against a narrow interpretation. [45] In fact, at paragraph 56 the SCC stated that the language of s.248(10) allows either a prospective or retrospective connection of a related transaction to a common law series. [46] In determining whether a related transaction was done in contemplation of another series, the SCC in Copthorne, paragraphs 46-47 stated that: [46]………. “The Court is only required to consider” whether the series was taken into account when the decision was made to undertake the related transaction in the sense it was done “in relation to” or “because of” the series. [47] Although the “because of” or “in relation to” test does not require a strong nexus, it does require more than a “mere possibility” or a connection with “an extreme degree of remoteness”…… Each case will be decided on its own facts…. ...

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. [61] [34] Pursuant to subsection 6(15) of the ITA, it is only when an employee debt is forgiven by an employer that, for the purpose of paragraph 6(1)(a), a benefit shall be deemed to have been enjoyed by the employee at any time an obligation issued by any debtor is settled or extinguished. ...

Loss (2) Subject to section 31, a taxpayer's loss for a taxation year from a business or property is the amount of the taxpayer's loss, if any, for the taxation year from that source computed by applying the provisions of this Act respecting computation of income from that source with such modifications as the circumstances require. (...) 40(2)(f) a taxpayer's gain or loss from the disposition of (i) a chance to win a prize or bet, or (ii) a right to receive an amount as a prize or as winnings on a bet, in connection with a lottery scheme or a pool system of betting referred to in section 205 of the Criminal Code is nil; (...) 248(1) business includes a profession, calling, trade, manufacture or undertaking of any kind whatever and, except for the purposes of paragraph 18(2)(c), section 54.2, subsection 95(1) and paragraph 110.6(14)(f), an adventure or concern in the nature of trade but does not include an office or employment; (commerce) IX. ... The right to receive an amount as winnings on a bet is not earned in connection with a lottery scheme or a pool system of betting referred to in section 205 of the Criminal Code. ...

Loss (2) Subject to section 31, a taxpayer's loss for a taxation year from a business or property is the amount of the taxpayer's loss, if any, for the taxation year from that source computed by applying the provisions of this Act respecting computation of income from that source with such modifications as the circumstances require.... 40(2)(f) a taxpayer's gain or loss from the disposition of (i) a chance to win a prize or bet, or (ii) a right to receive an amount as a prize or as winnings on a bet, in connection with a lottery scheme or a pool system of betting referred to in section 205 of the Criminal Code is nil;... 248(1) business includes a profession, calling, trade, manufacture or undertaking of any kind whatever and, except for the purposes of paragraph 18(2)(c), section 54.2, subsection 95(1) and paragraph 110.6(14)(f), an adventure or concern in the nature of trade but does not include an office or employment; (commerce) X. ... The right to receive an amount as winnings on a bet is not earned in connection with a lottery scheme or a pool system of betting referred to in section 205 of the Criminal Code. ...

Similarly, in 2006, the Appellant was assessed for additional US federal income tax and interest with respect to its US branch operations for its 2001 taxation year. [4] The total amount of interest owed by the Appellant to the US tax authorities (the “foreign tax authorities”) was $8,975,467 (CAD) in connection with the audit completed in 2004 and $1,829,839 (CAD) in connection with the 2006 audit. [5] For Canadian tax purposes, the Appellant claimed the deduction of the interest paid to the foreign tax authorities in the calculation of its income for the 2004 and 2006 taxation years. [6] The Minister of National Revenue (the “Minister”) disallowed these deductions pursuant to section 9 and paragraph 18(1)(a) the Income Tax Act [1] (the “Act”). ...

  …   4  The balancing pool administrator shall carry out the following powers and duties in accordance with the Act, the regulations and the rules of the balancing pool;   (a)                       sign contracts, agreements and other instruments in respect of the balancing pool; (b)                       make and maintain banking arrangements in respect of the balancing pool; (c)                       borrow money from any person or enter into overdraft or line of credit arrangements with a bank, treasury branch, credit union, loan corporation or trust corporation for the purpose of meeting obligations of the balancing pool as they become due, and give security for the loan, overdraft or line of credit; (d)                       draw, make, accept, endorse, execute or issue promissory notes, bills of exchange or other negotiable instruments in respect of the balancing pool; (e)                       hire employees, consultants and advisors required in connection with the administration of the balancing pool and the performance of the powers and duties of the Council and the balancing pool administrator and determine the duties, terms of engagement and remuneration of the employees, consultants and advisors; (f)                         determine the amount of any obligation or expenditure payable out of the balancing pool under section 7(1)(h); (g)                       carry out any other duties that are necessary to administer the balancing pool.   5(1)  The balancing pool administrator shall carry out the following powers and duties in accordance with the Act, the regulations, the rules of the balancing pool and any arrangement:   (a)                       oversee the payment into the balancing pool of the amounts referred to in section 6; (b)                       oversee the payment out of the balancing pool of the amounts referred to in section 7; (c)                       determine the amounts of any balancing pool credits and balancing pool charges; (d)                       allocate balancing pool credits directly to customers or indirectly to customers through                         (i)retailers                (ii)wire service providers,                (iii) the power pool administrator; (e)                       levy balancing pool charges directly against customers or against customers through (i)retailers                (ii)wire service providers,                (iii) the power pool administrator; (f)                         offer for sale to the public an arrangement held by the balancing pool administrator as a party to the arrangement; (g)                       offer for sale to the public any derivatives created by the balancing pool administrator pursuant to the Power Purchase Arrangements Regulation (AR 170/99); (h)                       exercise any powers and perform any duties that accrue to the balancing pool administrator as a party to an arrangement or to the balancing pool under an arrangement; (i)                         exercise or assign to a third party the right to exchange electric energy through the power pool that arises as a result of the balancing pool administrator being a party to an arrangement; (j)                         on receipt of notice in respect of an extraordinary event from a party to an arrangement or otherwise, assess and verify the occurrence of the extraordinary event and the need for any payment to be made into or out of the balancing pool by or to a party under the provisions of the arrangement, and participate in any dispute resolution proceedings under an arrangement pursuant to subsection (3); (k)                       where clause (j) applies, commence making payments set out in the arrangement until the matters in question under clause (j) have been resolved, whether by agreement or in dispute resolution proceedings under subsection (3); (l)                         make, defend, settle and withdraw claims and counterclaims against the balancing pool relating to an arrangement that the balancing pool administrator holds as a party to the arrangement; (m)                     make, defend, settle and withdraw claims and counterclaims against retailers, wire service providers, customers and any other persons relating to the payment of balancing pool credits or charge. ….   6                           The following amounts must be paid into the balancing pool (a)                       any payment, fee, charge or other amount that is required by the Act or the regulations to be paid into the balancing pool; (b)                       any payment, fee, charge or other amount that is required by an arrangement to be paid into the balancing pool, including any payment that is required to be made as a result of the occurrence of an extraordinary event or as the result of the resolution of a dispute referred to in section 5(3); (c)                       any balancing pool charge payable, directly or indirectly, by a customer pursuant to billing; (d)                       any money borrowed for the purpose of meeting the obligations of the balancing pool; (e)                       any principal, income, dividend or other amount received in connection with investments made pursuant to section 8; (f)                         any amount received by the balancing pool administrator in respect of an arrangement held by the balancing pool administrator as a party to the arrangement; (g)                       any fine imposed by the Council in accordance with section 9.5(1)(c) of the Act; (h)                       any amount approved by the Board as payable into the balancing pool for any period prior to an arrangement taking effect; (i)                         any other amount received in the course of the administration of the balancing pool, except an amount that is specified by the Minister as not being payable into the balancing pool.   7(1)  The following amounts must be paid out of the balancing pool:   (a) any payment, fee, charge or other amount that is required by the Act or the regulations to be paid out of the balancing pool; (b) any payment, fee, charge or other amount that is required by an arrangement to be paid out of the balancing pool, including any payment that is required to be made as a result of the occurrence of an extraordinary event or as the result of the resolution of a dispute referred to in section 5(3); (c) any balancing pool credit owing, directly or indirectly, to a customer pursuant to billing. (d) any principal or interest to be paid or repaid in connection with an amount borrowed for the purpose of meeting the obligations of the balancing pool; (e) money payable as the purchase price for investments made pursuant to section 8; (f) any amount payable by the balancing pool administrator in respect of an arrangement held by the balancing pool administrator as a party to the arrangement; (g) any amount approved by the Board as payable out of the balancing pool for any period prior to an arrangement taking effect; (h) any other obligation or expenditure incurred in the course of the administration of the balancing pool, except those that are specified by the Minister as not being payable out of the balancing pool ... To execute the following described agreements in connection with H.R. ...

On October 16, 1998, and November 12, 1998, two more statements of account were issued by Langlois Gaudreau to RCI, in connection with the non-competition clauses (I-3, tab 9).   29.       ... When the words “permanent” or “enduring” are used in this connection it is not meant that the advantage which will be obtained will last forever. ... Given the conclusion I have reached, it is not necessary to dispose of this question. [22]          The non-solicitation agreement was not entered in evidence, but there is no reason to believe that it is not also governed by the laws of Quebec, since all of the agreements in connection with the sale of WMI's Quebec business to RCI and CTVNS are. [23]          According to Le Petit Robert, in the definition of " droit ": "[TRANSLATION] I• A right, rights... 2• Real rights, which may be set up against everyone and enable the holder to exercise a power over property (ownership, usufruct, use, etc.). ...