Search - connection

To put the problem in a nutshell, the appellant in 1988 and prior years carried on SR & ED on a substantial scale in connection with the textiles business in which it was engaged. ...

Considering all the facts before me, his connections with the United States were weak when compared to his settled routine in Canada. ...

Supplementary letters patent authorizing the amendment to the authorized capital of the company and the creation of the preference shares purportedly issued in connection with the transfer and the section 85 election of the company were not obtained from the Province of Prince Edward Island. ...

(Emphasis added) [56]         Once it is determined that an item is acquired and used in connection with a commercial activity of a GST registrant and that item directly or indirectly contributes to the production of articles or the provision of services that are taxable supplies, then an ITC will be available using a formula in accordance with subsection 141.01(5) of the Act. [57]         While I agree with the Respondent that the primary use of those decks is for the propulsion of the vessels and that they support and are connected, therefore, to exempt services, the evidence was clear and uncontradicted that some portion of those decks is indirectly connected and necessary to BCF’s commercial activities conducted onboard the vessels. ...

He was duly recognized as an expert qualified to give opinion evidence in connection with providing a general background on the coal industry and coal-fired generating facilities. ...

On-Line hereby grants to the Authority a continuing and specific security interest in, and hereby grants, assigns, transfers and sets over to, the Authority all of its right, title and interest in and to the Lease Agreements entered into pursuant to the Leasing Program Agreement and all benefits and advantages to be derived from the Lease Agreements, including, without limitation, any payment derived therefrom and the benefit of any and all representations, warranties, conditions, terms and covenants on the part of all other parties to the Lease Agreements therein or implied or expressed by law in relation thereto with full power and authority to enforce performance of such terms or covenants, or to demand, sue for and collect damages in connection with any misrepresentation, breach of warranty or breach of covenant either in the name of and as agent for On‑Line, or in the name of the Authority, to have and to hold for the Authority until all monies under and all obligations of the respective lessees under the Lease Agreements have been fully paid and fulfilled.   ...

M.N.R. summarized the principles that apply with respect to disclosure to accountants as follows:   Applying these principles, as I understand them, to materials prepared by accountants, in a general way, it seems to me   (a)     that no communication, statement or other material made or prepared by an accountant as such for a business man falls within the privilege unless it was prepared by the accountant as a result of a request by the business man's lawyer to be used in connection with litigation, existing or apprehended; and   (b)     that, where an accountant is used as a representative, or one of a group of representatives, for the purpose of placing a factual situation or a problem before a lawyer to obtain legal advice or legal assistance, the fact that he is an accountant, or that he uses his knowledge and skill as an accountant in carrying out such task, does not make the communications that he makes, or participates in making, as such a representative, any the less communications from the principal, who is the client, to the lawyer; and similarly, communications received by such a representative from a lawyer whose advice has been so sought are none the less communications from the lawyer to the client. [19]   [72]         Counsel for the Appellant argued that the solicitor-client privilege extended to communications with PWC Australia on the basis that PWC Australia’s input was necessary to the provision of legal advice by counsel. ...

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 ...

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.            ...

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? ...