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FCA

Canada v. Buckingham, 2011 DTC 5078 [at at 5810], 2011 FCA 142

These circumstances must be taken into account, but must be considered against an objective “reasonably prudent person” standard. ...
TCC

Harvey v. The Queen, 2013 TCC 298

Harvey allowed his daughter to use the vehicle, then I would have considered the vehicle to have been being used for personal purposes at the time of the accident and not allowed the repair expenses to be claimed. ...
FCTD

Soper v. R., 97 DTC 5407, [1997] 3 C.T.C. 242 (FCA)

Prior to the enactment of section 227.1, however, the Departments of Finance and National Revenue had specifically considered and rejected such a course as an alternative to that provision: see Kroft, supra at 30:13. ...
SCC

Newfoundland and Labrador Corporation Ltd. et al. v. Attorney General of Newfoundland, 138 DLR (3d) 577, [1982] 2 SCR 260

The next matter to be considered is the tax imposed under s. 9. This section provides for an annual tax upon operators and contractors of 20 per cent of the amount, if any, by which 20 per cent of net income exceeds the aggregate of all moneys paid by way of rental, royalty or other payment to any person other than Her Majesty for the grant of the right to engage in mining operations. ...
SCC

Canada Trustco Mortgage Co. v. Canada, 2011 DTC 5112 [at at 5940], 2011 SCC 36, [2011] 2 SCR 635

He focussed on the “ repayment ” of the funds in the trust account (para. 12 (emphasis in original)). [12]                           Little J. considered that the proceeds of the cheques were “payable” to Mr. ...
FCA

742190 Ontario Inc.(Van Del Manor Nursing Homes) v. Canada (Customs and Revenue Agency), 2010 DTC 5104 [at at 6945], 2010 FCA 162

If judgment has not yet been rendered and the new point is considered important enough to raise despite the fact that the oral hearing has been concluded, the correct procedure is to consult with counsel for the other party or parties to see if agreement can be reached on whether the new point should be raised, and on a method of raising it that permits a formal response from the other party or parties if they consider a response is necessary. ...
EC decision

MNR v. Panther Oil & Grease Manufacturing Co. of Canada Ltd., 61 DTC 1222, [1961] CTC 363 (Ex Ct)

Both the language of the Act imposing tax and the language of the Regulations setting out the conditions for the allowance of deductions must be considered. ...
TCC

Alexander College Corp. v. The Queen, 2015 TCC 238, rev'd 2016 FCA 269

According to Côté, supra, an interpretation can be considered absurd if it leads to ridiculous or frivolous consequences, if it is extremely unreasonable or inequitable, if it is illogical or incoherent, or if it is incompatible with other provisions or with the object of legislative enactment (at pp. 378-80). ...
TCC

Dale v. The Queen, 94 DTC 1100, [1994] 1 CTC 2303 (TCC), aff'd supra.

As soon as it was discovered that the necessary capitalization needed to issue the preference shares had not been obtained the directors and shareholders took the steps that they considered necessary to cure the defect. ...
TCC

Sarwari v. The Queen, 2009 DTC 1170, 2009 TCC 357

If the increase in net worth plus the amount of personal expenditures exceeds the reported income and non-taxable sources of cash (not including loans that would already be included in determining the net worth) the excess is considered to be unreported income, unless the taxpayer can demonstrate that it is not income ...

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