| |
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APPLICATION.........................29
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| application in Québec of certain provisions of the ITA somewhat problematic. The concept of | 46 |
| trusts (deemed trusts) for purposes of the application of the ITA in relation to the Province of | 62 |
| treatment and application of the ITA throughout Canada, regardless of the unique features of | 72 |
| promote horizontal equity throughout Canada in the application of the provisions of the ITA and | 86 |
| difficulties can arise in applying provisions of the ITA that rely on the application of the concept | 90 |
| will be examined in both the common and civil law contexts as will the application of these | 102 |
| arising from the application of those provisions in the province of Québec and the common law | 104 |
| application of the ITA throughout Canada in these contexts. | 106 |
| v. Trans-Canada Investment Corp. Ltd. as illustrative of the application of that | 182 |
| interested in a trust for the purpose of lending some certainty to the application of the provisions | 252 |
| The potential application of subparagraph ()(f)(iii) to a given factual situation necessarily | 378 |
| application of that characterization to the ITA. | 386 |
| be discussed below, the application of the French version of subsection () could, in | 452 |
| However the statute does not restrict the application of the provision to such a case. In my | 648 |
| In my opinion, in considering the application of subsection () to the unusual facts of this case, | 656 |
| from the application of certain provisions of the ITA in the province of Québec are discussed | 726 |
| beneficial owner of the trust assets. Admittedly, the application of this analytical framework is | 732 |
| Québec is the application of the concept of change in beneficial ownership. While there is a | 786 |
| application of Québec private law to the question of whether the property belongs to the trust | 884 |
| However, in the authors view, the proper application of the decision is to restrict it to situations | 1026 |
| In its application in relation to the Province of Québec, a reference in this Act to any property | 1144 |
| The application of Québec civil law to the facts analyzed in the Olympia and Wardean Drilling | 1188 |
| To promote uniformity of application of the provisions of the ITA, the use of concepts or terms | 1278 |
| (.) limits the application of section by imposing certain additional conditions in order to | 1290 |
| alternative language could be employed if there is any doubt as to its application in that context. | 1556 |
| equity throughout Canada in the application of the ITA and preserve the tax policy objectives | 1670 |
| receive inconsistent application as between Québec and the common law provinces. The | 1672 |
| contributes to the potential inconsistent application of the provisions of the ITA in which | 1678 |
| application of this subsection could result in a person being deemed to be a beneficial owner of | 1680 |
| |
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APPLIED.............................10
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| strives to ensure that federal legislation is consistently applied throughout Canada with full | 84 |
| owner is applied in the ITA. The first context relates to the identification of the person who is | 100 |
| when the French versions of subsection () and paragraph ()(f) are applied to a | 446 |
| the no change in beneficial ownership concept would be applied harmoniously throughout | 518 |
| the provision is being applied was taken in the Construction Bérou case, discussed infra. The | 892 |
| .()(b)(ii) was being applied in relation to a common law province, consistent treatment is a | 944 |
| Ltd v. The Queen illustrate the issues that may arise when private law concepts are applied | 1112 |
| circumstances in which section or subsection .() applied . The Technical Notes | 1578 |
| section or subsection .() applied and no person (other than the individual) or | 1592 |
| law is interpreted and applied uniformly throughout Canada. | 1698 |
| |
|
APPLIES.............................9
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| Although the ITA is meant to overlay the private law of the jurisdiction in which it applies , it | 238 |
| paragraph ()(f) applies . | 442 |
| applies , the discretionary beneficiaries would be within its ambit, would be deemed | 506 |
| sets out that, in circumstances where paragraph ()(a.) applies , the cost amount of the | 1430 |
| (a) If the contributor is a trust, other than a trust to which paragraph (j) applies , the | 1496 |
| property is transferred in circumstances to which subsection () applies | 1498 |
| (a) Except where paragraph (b) applies , where a trust ... disposes of one or more | 1504 |
| rollover provisions applies , the taxpayer will be deemed to have disposed of the property for | 1560 |
| applies only for purposes of subdivision k. | 1714 |
| |
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APPLY...............................6
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| would only apply to the settlor of the trust and there would be no change in the beneficial | 432 |
| does not apply to deem the discretionary beneficiaries to be beneficial owners of the trust | 542 |
| ()(f) does not apply to the trustee because it only deems a person having a right as a | 868 |
| A Court would likely not strictly apply private law principles of ownership in determining | 886 |
| intended to ensure that these provisions will not apply where legal title has been transferred to | 1046 |
| A similar solution would appear to apply in respect of insurer foreclosures subs. | 1870 |
| |
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APPLYING............................10
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| difficulties can arise in applying provisions of the ITA that rely on the application of the concept | 90 |
| Paragraph ()(f) provides that in applying the provisions of the ITA in relation to the | 110 |
| superficial manner, certain problems inherent in applying the ITAin Québec, this, as will be | 364 |
| encountered in applying specific provisions of the ITA with respect to property held in trust in | 550 |
| that arises is whether there is a basis for adopting a similar approach to interpreting or applying | 696 |
| Support for applying a limited meaning of the concept of beneficial ownership outside of the | 704 |
| problems that could be encountered when applying the provisions of the ITA in which the | 716 |
| analysis is intended to highlight some of the issues that can arise when applying certain | 718 |
| might be based on common law principles. The conflicting objectives of applying legal | 1214 |
| deemed disposition of capital property took place at : p.m. on Wednesday. Applying the | 1450 |
| |
|
APPOINT.............................12
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| In Québec, the common law distinction between a power to appoint and a discretionary trust | 482 |
| does not exist. Article of the C.C.Q. contemplates the reservation of a power to appoint | 484 |
| beneficiaries. Although the power to appoint terminology is used, if the article were referring | 484 |
| beneficiary. It is submitted that despite the power to appoint terminology, article , in | 488 |
| of property to a trust where the power to appoint beneficiaries under the trust is reserved by the | 1306 |
| the settlor retains a general power to appoint in his or her will was to allow for subsection () | 1328 |
| general power of appointment, meaning that the appointor must have the power to appoint to | 1346 |
| appoint the beneficiaries or determine their shares, or confer it on the trustees or a third person. | 1368 |
| In the case of a personal or private trust, the power to appoint may be exercised by the | 1370 |
| trustee or the third person only if the class of persons from which he may appoint the beneficiary | 1370 |
| appointment as one that allows the holder of the power to appoint to the decedent, his estate, | 1378 |
| Under a general power of appointment, the donee may appoint anyone in the | 1752 |
| |
|
APPOINTED...........................1
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| interest, e.g., Has the trust been settled? Has a trustee been appointed ? Has the beneficiarys | 176 |
| |
|
APPOINTEE...........................5
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| to a true power of appointment, in the common law sense, the term appointee would be a more | 486 |
| amendment to paragraph (.)(a) to include only the right of an appointee pursuant to a | 1360 |
| Brown, the potential appointee is not afforded any rights at the time the property is made | 1550 |
| appointee under a mere power enjoys no right to the property that is the subject of the power. | 1552 |
| the potential future right of an appointee under a specific power of appointment. Of course, | 1556 |
| |
|
APPOINTEES..........................12
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| ... Potential Appointees Discretionary Beneficiaries | 16 |
| owners (i.e., beneficial owners) of the trust property, whereas potential appointees may not be | 210 |
| property. While potential appointees do not enjoy such an interest, the default beneficiaries | 288 |
| ... Potential Appointees Discretionary Beneficiaries | 454 |
| Instead of potential appointees , assume the trust has discretionary beneficiaries. In describing | 492 |
| examine whether potential appointees under a power of appointment or discretionary | 524 |
| From a common law perspective, potential appointees are not beneficiaries under a trust; they | 526 |
| are merely potential appointees under a power. As such, it is incorrect to speak of them as | 528 |
| subparagraph (.)(b)(ii) for persons who may be potential appointees under a power of | 1342 |
| treatment on the transfer X meets the necessary criteria ( appointees under a will are not | 1398 |
| However, one should bear in mind that these potential appointees do have the right to | 1552 |
| Under a special i.e., specific power of appointment, the choice of appointees is | 1748 |