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EC decision
Butler v. MNR, 67 DTC 5019, [1967] CTC 7 (Ex Ct)
The chief and primary value of these documents by reason of this fact arises from their connection with the intangible asset, goodwill, and if any client is lost, to whom these documents relate, the purchased goodwill abates ratably. ... It is of interest to note, in connection with this matter, the opinions of two leading accountants, one a Canadian, and the other a citizen of the United States. ...
EC decision
A. Janin & Compagnie Limitee v. Minister of National Revenue, [1971] CTC 158, 71 DTC 5116
It is only necessary to quote a few passages from this document to indicate its purport, namely that of a complete and reciprocal release between the parties: WHEREAS in the course of carrying out said Contract (the contract signed in Montreal on January 12, 1959), as amended, disputes arose between the parties as a result of which Contractor ceased to work under said Contract and brought suit against Owner to set aside said Contract, as amended, on the ground of error, said suit bearing record No. 24263 in the Superior Court of the District of Rimouski and the Owner has brought a crossdemand against Contractor in damages under the said record number; WHEREAS Owner, without prejudice to and under reserve of its denial of liability in the circumstances and after negotiations with representatives of Contractor, is prepared to compromise and settle all disputes and matters in contention between it and Contractor in connection with said Contract, as amended, and said suit, the Contractor is prepared to enter into this Contr act of Transaction with Owner; WHEREFORE, in consideration of the payment by Owner to Contractor of the sum of $4,000,000, in addition to those sums already paid by Owner to Contractor, Contractor hereby releases and discharges Owner, its agents, employees, officers and servants... from any and all claims, demands, actions, rights of action, expenses and costs whatsoever arising out of or connected with said Contract, as amended, and all other Contracts between Owner and Contractor as well as all work performed by Contractor for Owner at Port Cartier and all other causes of any nature whatsoever.... And, further on, this stipulation foreclosing any claim “brought or to be brought”: Contractor recognizes and Owner and Contractor acknowledge that the foregoing payments are being made in full and final settlement of said suits and of all disputed claims both of Owner and Contractor and interest thereon and that neither Owner nor Contractor has any other claim one against the other in connection with said Contract, as amended, or otherwise that has not been disclosed, negotiated, settled and transacted. ...
EC decision
National Trust Company Limited (Estate of James Francis Weston) v. Minister of National Revenue, [1954] CTC 196, 54 DTC 1101
Weston, for her own use absolutely all articles of personal, domestic and household use or ornament belonging to me, all my furniture, books, plate, pictures, provisions, consumable stores and household effects of every kind, and any or all automobiles and accessories thereto which at the time of my death shall belong to me and be in or about or belonging to or used in connection with my home.” Then followed directions with reference to the provision of a home for his wife as in their absolute and uncontrolled discretion his trustees might consider advisable from time to time and directions with reference to the realization of his estate, with power to his trustees to sell, call in, and convert into money in their discretion any part or parts thereof, or to postpone such conversion, etc., and clauses IV (d) and (e) were as follows: “(d) Out of my general estate to pay all my just debts, funeral and testamentary expenses, and all succession duties and inheritance and death taxes that may be payable in connection with any insurance or any gift or benefit given by me to any person either in my lifetime or by survivorship, or by this my will or any codicil thereto, to the intent that the respective beneficiaries of any such gift or benefit shall receive, hold and enjoy the same free from payment of any succession duties or death taxes, except to the extent that payment of succession duties or inheritance or death taxes as aforesaid will reduce the residue of my estate to be dealt with as hereinafter set forth. ...
EC decision
Paul Trudel v. Minister of National Revenue, [1953] CTC 126
The vouchers in respect of the claim for travelling expenses, included all the expenses incurred in each year in connection with his car, whether it had been used entirely for his own personal convenience or otherwise. ... I have noted above the admission of the appellant that a substantial part of these items relate to outlays which were entirely personal to him and were not incurred in connection with his business or for the purpose of promoting good will or of interesting prospective clients. ...
EC decision
Baymond Corporation, Limited v. Minister of National Revenue, [1945] CTC 4
Then, having tried unsuccessfully to borrow on a second mortgage money with which to discharge liabilities incurred in connection with completion of the building, it decided to obtain the necessary funds by the issue of second mortgage bonds. ... Lindley’s Law of Companies, 6th Edition, points out, at p. 543, that the word ""capital” is used in many senses and, after specifying a number of them, states: ‘“The idea underlying the various meanings of the word capital in connection with a company is that of money obtained or to be obtained for the purpose of commencing or extending a company’s business as distinguished from money earned in carrying on its business.” ...
EC decision
Ben Arthur Shuckett v. Minister of National Revenue, [1970] CTC 284, 70 DTC 6213
Hebditch who had a lease-option agreement with Steep Rock Iron Mines Limited in connection with a bunkhouse which he operated in Atikokan, Ontario, was seeking capital to convert it into a hotel. ... Eventually somewhat the same steps had to be taken in connection with the north half of lot 209 and lots 210, 211 and 212. ... His investment in same after selling the south part of lot 206 to the hotel company for $2,250 amounted to $2,750 and any rental which he might have charged would presumably not have been very substantial and might well have amounted to no more than the expenses incurred in connection with the use of these lots by the hotel company, so I do not attribute too much significance to the fact that he did not personally derive any direct revenue from his ownership of these lots during the period of 8 years. ...
EC decision
Bel-Conn Limited v. Minister of National Revenue, [1969] CTC 1, 69 DTC 5026
Bel-Conn’s dealings in connection with the 4th Avenue property began when one Samuel Katchen approached Conn in October 1959 with a proposal that they become partners and erect a building on certain lots then owned by Katchen at the corner of 4th Avenue and 5th Street which had a frontage of 75 feet on 4th Avenue and were known municipally as 604 4th Avenue S.W. ... Fleming, who was solicitor for Bel-Conn and Katchen in this connection, in which Chartered proposed, inter alia, that Bel-Conn, Katchen and Chartered form a new company, that 50% of the company would be held by Chartered, that the 4th Avenue property be placed in the new company at $240,000 and that a 125-suite apartment building be constructed on the land at a cost not exceeding $1,240,000, with Chartered providing a mortgage and having management control (an apartment building of that size was built on the land after it was sold). ... He said that he and Conn were old friends, he knew Conn as a developer and operator of apartments, and approached him in order to use Conn’s knowledge in that respect in connection with the development of the 4th Avenue land. ...
EC decision
Wilbert L. Falconer v. Minister of National Revenue, [1961] CTC 306, 61 DTC 1176
By it, Imperial agreed to sell to him a producing oil well known as Imperial Leduc No. 253, together with the well equipment and the mineral and surface rights in connection therewith, for $40,000 and further agreed to sub-let to him the mineral and surface rights in connection with any producing well which he might drill on five additional locations, reserving, however, to Imperial 5,000 barrels of oil from five per cent of the production of each such well. ... Alternatively, he took the position that the sales of one-half and one-quarter interests respectively in the Imperial farmout contract for $30,000 and $15,000 respectively indicated a value of not more than $20,000 for the shares above what had been paid to Imperial in connection with the farmout contract, and that, accordingly, the profit for the whole syndicate did not exceed $20,000, of which his share at two-ninths was $4,445, rather than $33,200. ... Moseson on behalf of the syndicate in connection with the sale of a further 200,000 shares of the company at 60 cents, all of which were privately subscribed in the latter part of October, 1951, the syndicate agreed that in the event of a winding up of the company or any capital distribution or dividend being made or declared by the company the syndicate should rank or participate only to the extent of the number of their shares released from escrow or the number of treasury shares sold to the public, whichever should be the greater. ...
EC decision
John A. Browne, Claimant, v. Her Majesty the Queen, [1952] CTC 166
It is in connection with that amount which the Minister subsequently declared forfeited that these proceedings are now taken. ... Browne in connection with this ear at the time he brought the Buick car into Canada on September 18, 1950. ... But his evidence is that not more than half of the time in latter years was spent in connection with the latter activities. ...
EC decision
Tara Exploration and Development Company Limited v. Minister of National Rev Enue _, [1970] CTC 557, [1970] DTC 6370
.* [2] Unfortunately, I did not have in mind, in connection with the facts of this case, until I camé to prepare these reasons for judgment, the decision of the Supreme Court of Canada in Irrigation Industries Limited v. ... I can find no such connection between the transaction in question here and the appellant’s exploration business. Similarly, I find no connection between this adventure in shares and the syndicate that the appellant had previously joined, or the syndicates that it was joining or about to join, to search for minerals in Canada. ...