Cases
Loblaw Financial Holdings Inc. v. Canada, 2020 FCA 79, aff'd 2021 SCC 51
At issue was whether a Barbados bank subsidiary (Glenhuron ) of the taxpayer, which used equity funds received from its Canadian parent to invest...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (a) | a Barbados bank sub conducted its business of investing in short-term debt principally with arm’s length persons | 602 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | receipt of equity funds from parent was not part of Barbados bank’s business | 188 |
| Tax Topics - Statutory Interpretation - Redundancy/ reading in words/ speaking in vain | error to apply an unexpressed intention | 172 |
| Tax Topics - Statutory Interpretation - Drafting Style | no additional requirements should be inferred in legislation drafted with “mind-numbing detail” | 172 |
| Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Accrual Property Income | fundamental purpose of FAPI is to capture passive income | 164 |
Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55, [2018] 3 S.C.R. 481
A Quebec trust, whose sole asset was its investment in the holding company for a group of retirement residences companies (Groupe Melior) that...
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| Tax Topics - General Concepts - Negligence, Fiduciary Duty and Fault | a shareholder generally cannot sue for bad tax advice provided to the corporation | 407 |
Anthony v. Canada (National Revenue), 2016 FC 955
The taxpayer brought an application pursuant to s. 18.1 of the Federal Court Act for review of CRA’s denial of a claim made in 2010 pursuant to...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | matching principle not a rule of law | 234 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.2) | s. 152(4.2) denials are subject to judicial review | 127 |
Envision Credit Union v. Canada, 2013 DTC 5144 [at at 6275], 2013 SCC 48, [2013] 3 S.C.R. 191
The taxpayer was formed on amalgamation, and purported to avoid the application of s. 87 by causing some of its property to be transferred to a...
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|---|---|---|
| Tax Topics - General Concepts - Illegality | lawful interpretation preferred | 282 |
| Tax Topics - Income Tax Act - Section 87 - Subsection 87(1) | all predecessors' property became Amalco property, and purported conveyance of only some of their property to Amalco was legally impossible | 415 |
Desnomie v. Canada, 2000 DTC 6250 (FCA)
Rothstein J.A. applied (at p. 6256) the determination in Pioneer Laundry & Dry Cleaners Ltd. v. MNR, [1939] 4 DLR 481 (HL) that "in a taxing...
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|---|---|---|
| Tax Topics - General Concepts - Personality | 60 | |
| Tax Topics - Other Legislation/Constitution - Federal - Indian Act - Section 87 | 51 |
Colbert v. The Queen, 94 DTC 6620, [1994] 2 CTC 345 (FCTD)
Before finding, on the evidence, that the taxpayer had transferred all the assets of his chicken farm business to a corporation other than the...
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|---|---|---|
| Tax Topics - General Concepts - Agency | shareholder generally does not carry on business of corporation | 138 |
| Tax Topics - General Concepts - Personality | 138 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Former Business Property | 60 |
The Queen v. Jennings, 94 DTC 6507, [1994] 2 CTC 106 (FCA)
In finding that losses of an incorporated farm business could not be deducted by the individual who had incorporated the business, Robertson J.A....
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|---|---|---|
| Tax Topics - General Concepts - Personality | 86 |
The Queen v. MerBan Capital Corp. Ltd., 89 DTC 5404, [1989] 2 CTC 246 (FCA)
The taxpayer ("MerBan") in connection with a leveraged share acquisition arranged for borrowings to be made to two special purpose subsidiaries in...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Personality | 107 | |
| Tax Topics - Income Tax Act - Section 167 - Subsection 167(5) | 52 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) | 34 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Financing Expenditures | guarantee fees of merchant banker paid respecting bank loans made to subsidiaries with investments were capital expenditures | 207 |
| Tax Topics - Income Tax Act - Section 180 - Subsection 180(3) | 30 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | payment under guarantee not re borrowed money | 177 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) | 157 |
Tobias v. The Queen, 78 DTC 6028, [1978] CTC 113 (FCTD)
"... I cannot accept the proposition that the Company carried on a hobby as agent for the plaintiff for to do so would be to disregard the very...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Onus | 42 | |
| Tax Topics - General Concepts - Personality | 48 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Reasonable Expectation of Profit | 20 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Timing | 57 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | 69 | |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | 20 | |
| Tax Topics - Income Tax Act - Section 67 | high pay-off if unlikely prospect of success was achieved justified the expenditure | 91 |
See Also
Royal Bank of Canada v Commissioners for His Majesty's Revenue and Customs, [2025] UKSC 2
In connection with finding that a right to work an oil field of a UK subsidiary of a Canadian corporation was not a right of the Canadian...
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| Tax Topics - Treaties - Income Tax Conventions - Article 6 | an oil and gas royalty was too remote from a land interest in the oil field to be immovable property under the Canada-U.K. Treaty | 575 |
| Tax Topics - Treaties - Income Tax Conventions - Article 12 | a participation in the revenues generated from another’s right to use property, or a payment made for the outright transfer of that property, is not a royalty | 318 |
| Tax Topics - Excise Tax Act - Section 217 - Imported Taxable Supply - Paragraph (c) | situs of a contractual obligation is the country where it can be enforced | 142 |
Administrative Policy
14 February 2014 External T.I. 2013-0504601E5 F - Bénéfices de fabrication et de transformation
CRA found that the exclusion from qualifying manufacturing for construction where the manufacturing (the production of asphalt) was carried on by...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 125.1 - Subsection 125.1(3) - Manufacturing or Processing - Paragraph (c) | construction exclusion avoided if road asphalt is produced by related corp | 150 |