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SCC

R. v. Ling, 2002 DTC 7566, 2002 SCC 74, [2002] 3 SCR 814

The admissibility of this evidence, and the evidence derived therefrom, will have to be considered in light of s. 24(2)   of the Charter  . ... All evidence gathered subsequent to that meeting from the appellant prior to warning him that he was the subject of an investigation for the purpose of furthering the investigation or prosecution for s. 239(1) offences violates the appellant’s Charter   rights and will have to be considered in light of s. 24(2) in the new trial as ordered by Millward J. and confirmed by the Court of Appeal.   ...
TCC

Plamondon v. The Queen, 2011 DTC 1137 [at at 746], 2011 TCC 47 (Informal Procedure)

  [21]          The respondent claims that the subject of the donations must be considered to be a single PUP because the appellant and Université Laval chose to define the donations as a [Translation] “collection of insects” on the charitable donation receipt issued to the appellant. ... The donated insects are thus considered to be distinct properties and are treated as such. ...
SCC

Spire Freezers Ltd. v. Canada, 2001 DTC 6158, [2001] 1 SCR 391, 2001 SCC 11

The majority considered this Court’s decision in Continental Bank Leasing Corp. v. ... All things considered, there is sufficient evidence to found a common purpose among the parties during the transition between American and Canadian control of that partnership.   23           With respect to the question of whether the business was carried on with a view to profit, it is conceded that prior to the relevant transactions, HCP was a valid and existing partnership and that it had been formed with a view to profit.  ...
FCTD

Fluxgold v. The Queen, 90 DTC 6187, [1990] 1 CTC 176 (FCTD)

Fluxgold was effected pursuant to a court order and therefore exempt under subsection 160(4) of the Act; in the alternative, that the payment of funds should not be considered “a transfer" within the meaning of section 160. ... This, as we know, is an irrebuttable presumption and all transfers of property between husband and wife are considered to be "not at arm's length". ...
TCC

Poulin v. MNR, 87 DTC 113, [1987] 1 CTC 2171 (TCC)

Poulin had “knowingly" participated in the filing of a tax return which on the surface he should have known might have included the amounts at issue, if he considered them income. ... I would just note for the record that the assertion of counsel that the amount for 1977 he considered for assessment under subsection 15(2) of the Act, rather than under subsection 15(1) of the Act are rejected for essentially the same reasons as those provided herein for the years 1976 and 1979. ...
FCTD

Millward v. The Queen, 86 DTC 6538, [1986] 2 CTC 423 (FCTD)

In the absence of a better definition, a transaction at arm’s length could be considered to be a transaction between persons between whom there are no bonds of dependence, control or influence, in the sense that neither of the two co-contracting parties has available any moral or psychological leverage sufficient to diminish or possibly influence the free decision-making of the other. ... Furthermore, the plaintiff's evidence is that no other possible investments of the R.R.S.P. funds were considered. ...
TCC

Schroter v. The Queen, 2009 DTC 205, 2008 TCC 681 (Informal Procedure), aff'd respecting the first taxpayer sub nom. Schroter, 2010 DTC 5062, 2010 FCA 98

  [30]     I have also considered whether, regardless of TELUS’ intent, the actual business use of the vehicle by Mr. ... Alloway admitted he considered the parking pass had enabled him to work overtime and to receive better raises and achieve promotion within Telus. ...
FCTD

Imray v. The Queen, 98 DTC 6580, 1998 CanLII 8609 (FC), [1998] 4 CTC 221 (FCTD)

The School Act provides that the annual two-day professional development seminar known as Teachers’ Convention are considered “teaching days”. 5. ... In making the frequency argument, the Minister advances the proposition that there is a line to be drawn respecting the degree of regularity with which an event occurs before it can be considered to “or- «dinarily" occur. ...
SKQB decision

Royal Bank of Canada v. Saskatchewan Power Corp., 90 DTC 6330, [1990] 2 CTC 285 (Sask QB)

The Supreme Court of Canada considered the question in The Queen v. The J.B. ... That section was considered in three decisions of the Alberta Court of Appeal: — Morrison, Trustee of Estate of Lamarre v. ...
TCC

Oke v. The Queen, 2009 DTC 1366, 2009 TCC 386 (Informal Procedure), aff'd 2011 DTC 5010 [at 5553], 2010 FCA 350

  (17.2)               For the purposes of subsections (1.11) and (17), gross revenue derived in a taxation year from (a)        the right of a person or partnership, other than the owner of a property, to use or occupy the property or a part thereof, and (b)        services offered to a person or partnership that are ancillary to the use or occupation by the person or partnership of the property or the part thereof shall be considered to be rent derived in the year from the property ... Revenue derived from the right of a person or partnership (except the owner) to use or occupy the property, and revenue from services offered that are ancillary to such use or occupation, are considered to be rent. ...

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