Words and Phrases - "corporation"

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Holiday Luggage Mfg. Co. Inc. v. The Queen, 86 DTC 6601, [1987] 1 CTC 23 (FCTD)

"corporation" did not include non-resdient corporation without Cdn nexus

Father and son each owned substantially all the shares of a CCPC, and 30% of the shares of a U.S. corporation. Joyal, J. held that the two CCPC's were not associated because foreign corporations were intended to be excluded from the category of corporations for the purposes of that section. The definition of "corporation" in s. 248(1) was not conclusive.

Words and Phrases
corporation

Hague v. Cancer Relief & Research Institute, [1939] 4 DLR 191 (Man. K.B.)

corporation has separate legal personality

In finding that an institute which section 2 of the Cancer Relief Act, 1930 (Manitoba) purported to make a "body corporate" was not, in fact, a corporation because there were no natural persons to compose or to constitute the corporation, Dysart J. stated (pp. 193-194):

"What is a corporation? According to our system of law, a corporation is a group or series of persons which by a legal fiction is regarded and treated as a person itself. It is a legal entity composed of persons. In law 'a person' is any being that is capable of having rights and duties, and is confined to that. Persons are of two classes only - natural persons and legal persons. A natural person is a human being that has the capacity for rights or duties. A legal person is anything to which the law gives a legal or fictitious existence and personality, with the capacity for rights and duties. The only legal person known to our law is the corporation - the body corporate."

Words and Phrases
corporation person