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FCTD

Bowater Power Co. Ltd. v. MNR, 71 DTC 5469, [1971] CTC 818 (FCTD)

Clause 9 of the agreement also contemplates the possibility of the grantee... acquiring lands incident to flowage rights or rights of way for telegraphs, telephones, power transmission lines, railways, tramways, roads or sites for mills, works, factories, warehouses or for wharves, piers or docks, or other shipping facilities in connection with the Company’s operations for the purposes aforesaid, and within a distance of fifty miles therefrom, up to and not exceeding in the whole ten thousand acres, on lands belonging to and in the possession of the Crown, the Governor in Council shall, upon the request in writing of the Company, convey such lands to the Company at the price of thirty cents per acre. ...
FCTD

Blok-Andersen v. MNR, 72 DTC 6309, [1972] CTC 338 (FCTD)

Because of the difficulties which have been set out in detail in connection with the construction of the Drawbridge Inn by Lambton, in which the appellant held all the shares, and Uba Chemicals Limited, in which the appellant’s brother had sole control, certain assets were sold by Lambton to Uba Chemicals Limited to meet the cost of Lambton’s participation. ...
EC decision

Mandrell Industries, Inc. v. M.N.R., 65 DTC 5142, [1965] CTC 233 (Ex Ct)

The appellant then had casual conversations with an architect and general contractor, both of whom he had engaged in connection with work relating to his dry-cleaning business. ...
FCA

Manrell v. Canada, 2003 DTC 5225, 2003 FCA 128

I will cite only five examples from the amended 1927 consolidation (Income War Tax Act, R.S.C. 1927, c. 97 as amended). (1) In the complex definition of "personal corporation" in paragraph 2(i)(i), there is a reference to "bonds, stocks or shares, debentures, mortgages, hypothecs, bills, notes or other similar property". (2) The scheme for the taxation of personal corporations required a determination of the value of the property of the corporation acquired from shareholders. (3) Paragraph 6(c) prohibited the deduction of "the annual value of property, real or personal, except rent actually paid for the use of such property, used in connection with the business to earn the income subject to taxation". (4) Paragraph 6(d) prohibited the deduction of "carrying charges or expenses of unproductive property or assets not acquired for the purposes of a trade, business or calling". (5) Subsection 3(f), added by S.C. 1934, c. 55, provides that income includes "rents, royalties, annuities or other like periodical receipts which depend upon the production or use of any real or personal property, notwithstanding that the same are payable on account of the use or sale of any such property. ...
FCA

Water's Edge Village Estates (Phase II) Ltd. v. Canada, 2002 DTC 7172, 2002 FCA 291

(In this connection, the Tax Court Judge appears to have overlooked that a profit would have resulted in the absence of the depreciation charge which was an optional deduction.) [24]            The Supreme Court has now held that the reasonable expectation of profit test is not a relevant consideration in determining the existence (or continued existence) of a business where the activity in question is commercial-like and cannot be viewed as a personal pursuit (Stewart, supra at paragraph 47). ...
TCC

Magicuts Inc. v. The Queen, 98 DTC 2085, [1999] 1 CTC 2842 (TCC)

In its Amended Notice of Appeal, Magicuts submitted that USMagicuts operated as its agent in connection with the business carried on by Magicuts in the United States and, therefore, losses incurred by USMagicuts were losses incurred by Magicuts. ...
TCC

K.J. Beamish Construction Co. Ltd. v. MNR, 90 DTC 1584, [1990] 2 CTC 2199 (TCC)

(c) Thirdly to pay all maintenance, realty taxes, and operating expenses in connection with the company. ...
FCTD

ConocoPhillips Canada Resources Corp. v. Canada (National Revenue), 2016 DTC 5016 [at 6588], 2016 FC 98, 2017 FCA 243 rev'd

Justice Mactavish of this Court found this refusal to be an error (at para 25) because the Minister’s administrative criteria for extensions of time could not limit the discretionary power conferred on the Minister by subsection 220(2.1). [54]   In Bul River, the applicants had failed to file certain documents in connection with a mining exploration tax credit within the applicable time limit and requested a waiver. ...
TCC

Weyerhaeuser Company Limited v. The Queen, 2007 TCC 65

The Queen, [6] with the result that the Regulation, so interpreted, would require the payor to withhold not just 15% of the fees paid to a non-resident for services rendered in Canada, but also 15% of all payments, including disbursements, and payments for time spent traveling to Canada in connection with those services. ...
FCA

Canada v. Agnico-Eagle Mines Limited, 2016 FCA 130

When the Directors of the Taxpayer passed the Value of Consideration for Share Issuance Resolution, it appears that they were complying with subsection 23(4) of the OBCA, which reads as follows: Value determined by directors Fixation de la valeur par les administrateurs 23. (4) The directors shall, in connection with the issue of any share not issued for money, determine, 23. (4) Lors de l’émission d’une action contre un apport autre qu’en numéraire, les administrateurs établissent: (a) the amount of money the corporation would have received if the share had been issued for money; and a) le montant que la société aurait reçu si l’action avait été émise contre un apport en numéraire; (b) either, b) et, selon le cas: (i) the fair value of the property or past service in consideration of which the share is issued, or (i) la juste valeur des biens ou du service rendu qui sert d’apport, (ii) that such property or past service has a fair value that is not less than the amount of money referred to in clause (a).  ...

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