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Canada (National Revenue), 2016 FC 1086-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 CRA reasonably considered that TD Securities did not apply where the dividend was not fully and comprehensively taxed in the U.S. ...

., 2016 FCA 242-- summary under Subparagraph (b)(iii) Summary Under Tax Topics- Income Tax Regulations- Regulation 1106- Subsection 1106(1)- Excluded Production- Paragraph (b)- Subparagraph (b)(iii) CAVCO not required to consider extending favourable certification guidelines to the taxpayer’s TV production The Department of Canadian Heritage through the Canadian Audio-Visual Certification Office (“CAVCO”) gave the taxpayer (a leading Quebec television producer) advance notice (later confirmed by the Minister of Heritage) of denial of the taxpayer’s application for certification of a TV series on the expressed basis that it considered the production to be a game show, stating that “each episode follows a game show format with a historical emphasis” and “the host…introduces the contestants, who compete against each other by answering a series of question the topic(s) chosen for the episode.” ...

CRA assessed 807 and 810, to convert their s. 84(3) deemed dividends realized on the cross-redemption of the shareholdings between them which arose under the butterfly mechanics, into capital gains- subject to deductions of $564,246 for the safe income of 8231 considered to be received by them, notwithstanding that neither had made a s. 55(5)(f) designation. ...

CRA initially assessed both 8231, and 807 and 810, to convert their s. 84(3) deemed dividends realized on the cross-redemption of the shareholdings between them which arose under the butterfly mechanics, into capital gains (subject to a deductions in the case of 807 and 810 for the safe income of 8231 considered to be received by them.) ...

Paris J considered that "the fact that the appellant is an individual and not a corporation does not change the academic ["théorique"] nature or quality of the claimed losses" (para. 19) as "during the years under appeal, the appellant simply had not sustained a financial loss from the sale of the shares to his sons" (para. 20), and furthermore, "as in Triad Gestco, the taxpayer has not presented any evidence that he had sold the shares received as a stock dividend and has not requested an adjustment to the tax attributes arising under the application of the GAAR to take into account an eventual sale of the shares" (para. 21). ...

It must also be considered that the power of issuing a definition is to be exercised in good faith and it would be usurpation of power for the Minister to suppress the exemption by issuing no definition. ...

Canada (Minister of Transport), [1992] 1 S.C.R. 3-- summary under Regulations/Statutory Delegation Summary Under Tax Topics- Statutory Interpretation- Regulations/Statutory Delegation approval given pursuant to a federal navigation statute should be interpreted as being subject to an order issued under a federal environmental statute Before confirming the quashing of an approval of the federal Minister of Transport given pursuant to the Navigable Waters Protection Act (Canada) for a dam to be built on the Oldman river in Alberta on the basis that no environmental assessment had been performed as required under the “Guidelines Order” issued under the Department of the Environment Act (Canada), La Forest J considered the argument of the appellants, Alberta and the federal Ministers, that the Guidelines Order was inconsistent with and therefore must yield to the requirements of the Navigable Waters Protection Act, namely, that the Minister of Transport was confined by that Act to a consideration of matters pertaining to marine navigation alone, and that the Guidelines Order could not displace or add to the criteria mentioned in that Act. ...

Canada (Attorney General), 2017 BCSC 209-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission no rectification of considered decision not to distribute trust income The petitioner was a personal trust, with another trust (“Alta Trust”) as its sole income and capital beneficiary. ...

However, for its reporting period in question, the Selected Listed Financial Institution Attribution Method (GST/HST) Regulations would have produced a more favourable result if it were considered to not be a “loan corporation.” ...

CRA denied his rebate application on the basis that the home could only be considered as a secondary place of residence since his status while in Canada when he agreed to buy it and when he moved in was that of a visitor. ...