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TCC

GSW Appliances Limited v. Minister of National Revenue, [1985] 2 CTC 2012, 85 DTC 378

Again in Watling v Lewis, [1911] 1 Ch 414, a proviso was rejected because it was held that the only effect that could be given to it would be to destroy the original covenant; and in Re Tewkesbury Gas Co, [1911] 2 Ch 279, at page 285, Parker J considered that when there was an unqualified covenant to pay with a proviso that it should only be enforced at the “option of the covenant’ the proviso must be rejected as obviously destructive of the object of the instrument. ...
TCC

Joel Jordan v. Minister of National Revenue, [1985] 2 CTC 2131, 85 DTC 482

To my mind, it is not without significance that that course was the only alternative course considered and that it was decided upon as the only thing left to do. ...
TCC

Gladys Balsillie v. Minister of National Revenue, [1985] 2 CTC 2367, 85 DTC 652

Counsel for the appellant argued that a pattern of cheque cashing had been established but that such pattern had never been analysed or considered by the respondent. ...
TCC

The Estate of John S McEachran, Deceased v. Minister of National Revenue, [1985] 2 CTC 2474, 86 DTC 1001

The law firm considered this mortgage to be doubtful in 1979 and in anticipation of making good on any loss to its client, it claimed a $5,000 reserve or allowance in determining its income for its fiscal year ending September 30, 1979. ...
TCC

Joseph Gleddie v. Minister of National Revenue, [1985] 1 CTC 2217, 85 DTC 224

The appeals are allowed in part in order that for the years 1977, 1978 and 1979, Mr Gleddie shall be considered an independent contractor. ...
TCC

Les Ateliers Benoît Allard Inc v. Minister of National Revenue, [1984] CTC 2189, 84 DTC 1131

As a general rule, the on-site fabrication, installation and erection of machinery and equipment, regardless of size, is not considered to be construction, unless it constitutes a component part of a building or structure (eg — heating system, air- conditioning equipment, sprinkler system, plumbing, wiring, etc.). ...
TCC

Charles H Roney v. Minister of National Revenue, [1984] CTC 2701, 84 DTC 1431

It would be normal that all the losses of one year be considered as start-up costs even if in that year the appellant was not yet a full-time farmer but a gentleman farmer. ...
TCC

Susan Bracken v. Minister of National Revenue, [1984] CTC 2922, 84 DTC 1813

Subsection 37(2) of the Interpretation Act provides: 37. (2) The amendment of an enactment shall not be deemed to be or to involve a declaration that the law under such enactment was or was considered by Parliament or other body or person by whom the enactment was enacted to have been different from the law as it is under the enactment as amended. ...
T Rev B decision

Clayton Andreychuk v. Minister of National Revenue, [1983] CTC 2052, 83 DTC 20

This has to do with the sale of inventory when a taxpayer effectively is selling the entire business, and this section deems that that inventory — this has to be property or assets held as inventory, not as capital property — that deems that that inventory shall be considered to have been sold by him in the course of carrying on business. ...
T Rev B decision

Len Singleton Limited v. Minister of National Revenue, [1983] CTC 2196, 83 DTC 141

It was considered as an account payable in accordance with the generally accepted accounting principles. ...

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