| |
|
APPLIED............................................................................................................15
|
| interpreted and applied in the context of specific legislative provisions, and been given distinct | 142 |
| The subject matter of the trust also changed: whereas the 'use' only applied to land, virtually | 418 |
| In summary, the meaning of 'beneficially entitled' was plain in equity and consistently applied by | 662 |
| "one is beneficially entitled to property if the property could be applied to one's benefit by resort to | 682 |
| applied to one's benefit by resort to an effective cause of payment and (ii) to include the control of a | 844 |
| applied in other contexts". | 850 |
| have been interpreted and applied in the context of specific legislative provisions, and been given | 1010 |
| owner should be interpreted and applied . He views it as an autonomous treaty concept and states | 1372 |
| applied , the transfer did not result in a change in beneficial ownership of that property and | 1778 |
| in the I.T.A. are to be interpreted and applied , both where the words beneficial owner are used and | 2044 |
| phraseology ought properly to be applied to the moneys paid during the two years in question by | 2666 |
| Archer-Shee was nonetheless applied by the Supreme Court of Canada in in Minister of | 2700 |
| applied . Rand J. argued that the respondent trust corporation was entitled only to a fractional part | 2732 |
| where the Court found that it was sufficient if the property in question could be applied to ones benefit by | 2952 |
| Supra note at . It is certainly questionable whether the same logic would be applied today | 2966 |
| |
|
APPLIES............................................................................................................9
|
| subdivision k applies to the trust. If so, subsection () operates to prevent the deduction of, for | 202 |
| subdivision k applies to the trust. If so, subsection () operates to prevent the deduction of, for | 1630 |
| () applies , the trust is deemed to deal with the property as agent for the transferor throughout | 1806 |
| disposition in subsection () applies , from a person with whom the taxpayer does not deal | 2188 |
| except where subparagraph (i) applies and that time is before the distribution date, and | 2386 |
| interests in the trust, except where subparagraph (i) applies and that time is before the | 2390 |
| normal meaning of the expression 'beneficially interested' applies as well. A person or partnership | 3018 |
| otherwise requires, determined under domestic law of the contracting state to which the tax applies . | 3150 |
| the normal meaning of the expression beneficially interested applies as well, although the provisions in | 3314 |
| |
|
APPLY..............................................................................................................23
|
| to time alive.' Dickson J. found that Mrs. McCreath could apply to the Court to require the trustee | 934 |
| provisions, which apply to insider trading, refer to a person who beneficially owns, directly or | 1270 |
| one situation to which the wording may apply is to a trust beneficiary if the trust owns the shares in | 1274 |
| of the trust assets, a point that not well settled in Canadian law. The wording could also apply | 1276 |
| owns, directly or indirectly apply to beneficial ownership of shares of a subsidiary through | 1284 |
| royalties. On point with our discussion, the reduced rates of withholding tax apply only if the | 1336 |
| to some authorities, a second definition may also apply if the tax treaty is based other than on the | 1368 |
| As can be expected when both civil and common law countries apply the expression, there may be | 1410 |
| two and four also may apply . Thus, the expressions beneficial ownership, beneficial owner, and | 1710 |
| of sale or any other form of indebtedness owned by the insurer, the following rules apply to | 1740 |
| .() Subsection () does not apply where | 1848 |
| property. .If this deeming provision does not apply for all purposes of the Act, a point that in my | 1986 |
| () Subsection () does not apply to compensation referred to in paragraph (b), (c) or (d) of | 2090 |
| thing to which that subsection would otherwise apply has been transferred or distributed to | 2124 |
| respect of the individual is beneficially interested at any time, the following rules apply : | 2130 |
| ()(b) (where paragraph (a) does not apply and the preferred beneficiary's interest in the | 2322 |
| (.)(f)(i)(B) where clause (A) does not apply , those shares shall be deemed to be owned | 2378 |
| (iii) in any case where subparagraph (ii) does not apply , a beneficiary shall be deemed at that | 2384 |
| (.)(f)(iii) in any case where subparagraph (ii) does not apply , a beneficiary shall be | 2388 |
| trust (in the events which happened) to apply the whole of the . . .income and profits. . . to the use | 2590 |
| land. These terms may also be used in a context other than a trust since equitable remedies apply in a | 2886 |
| Supra note at . It is questionable whether the same logic would apply now in interpreting | 2980 |
| Quare whether both the deeming rule and the private law principle would both apply , particularly | 3302 |
| |
|
APPLYING...........................................................................................................5
|
| applying s. () time and again. That is the very | 802 |
| Specifically, for the purposes of interpreting and applying Succession Duty legislation, the | 842 |
| parent over its wholly owned subsidiary. In particular, for the purpose of interpreting and applying | 844 |
| The important issue when applying these expressions to the estate of a deceased person (in | 1030 |
| on what country is applying a tax treaty? | 1346 |
| |
|
APPOINT............................................................................................................3
|
| () An intermediary shall vote or appoint a proxyholder to vote any shares referred to in | 1536 |
| documentation, the intermediary must appoint the beneficial owner or a nominee of the | 1542 |
| principle - the trustee is not the agent for the beneficiary who can neither appoint nor dismiss him. | 2636 |
| |
|
APPOINTED..........................................................................................................1
|
| () An intermediary, or a proxyholder appointed by an intermediary, may not vote shares that the | 1530 |
| |
|
APPOINTMENT........................................................................................................10
|
| power of appointment to select additional beneficiaries. As a result, language such as legal and | 126 |
| trustee may also have powers such as a power of appointment to select additional beneficiaries. | 426 |
| a possible object of a discretionary power of appointment has an interest in the trust assets even | 920 |
| power of appointment by the individual on the transfer of property to such a trust would not be | 1758 |
| beneficially interested in the trust under a power of appointment . | 2084 |
| retained a general power of appointment exercisable by will, reserved to herself an interest in | 2784 |
| provisions under the Income Tax Act. Fortunately, the CCRA has opined that a power of appointment is | 3394 |
| - Power of Appointment election opt out of (), Oct. , . It has been suggested that any | 3396 |
| attempt to tax the donee of a power of appointment departs from fundamental proprietary concepts. See | 3396 |
| Maurice C. Cullity, Powers of Appointment , in Report of Proceedings of the Twenty-Eighth Tax | 3398 |
| |
|
APPRECIATION.......................................................................................................1
|
| An appreciation of this history of equity and its enforcement is important in understanding the use | 434 |
| |
|
APPROACH...........................................................................................................10
|
| Approach , Editors, Gillen and Woodman, Edmond Montgomery, , Toronto, Chapter at . | 2844 |
| Woodman, The Law of Trusts in Canada: A Contextual Approach (Carswell, Toronto ) Chapter . See | 2920 |
| approach to tax legislation. While not rejecting the traditional approach to the interpretation of tax | 2968 |
| approach to tax legislation. While not rejecting the traditional approach to the interpretation of tax | 2968 |
| Statutes, " ed. (Toronto: Butterworths, ), at : "Today there is only one principle or approach , | 2970 |
| the traditional approach to the interpretation of tax legislation, Estey J. quoted with approval the following | 2984 |
| there is only one principle or approach , namely, the words of an Act are to be read in their entire context | 2986 |
| and the intention of parliament. This new approach to statutory interpretation under the I.T.A. can also be | 2988 |
| Contextual Approach (Carswell, Toronto ) Chapter . See also, D. Waters, The Law of Trusts in | 3348 |
| Contextual Approach , (Edmond Montgomery:Toronto) and Oosterhoof and Gillese, Text, Commentary | 3356 |
| |
|
APPROACHES.........................................................................................................2
|
| the context of tax treaties. Various approaches have been adopted to determine the intended | 152 |
| some variations in result. In my view, however, despite their different approaches the Canadian, | 1410 |
| |
|
APPROPRIATE........................................................................................................2
|
| () If a beneficial owner so requests and provides an intermediary with appropriate | 1542 |
| In appropriate circumstances a court might interpret beneficial ownership in these provisions to | 1716 |
| |
|
APPROPRIATENESS....................................................................................................1
|
| dispute among some trust authorities over the appropriateness | 978 |
| |
|
APPROVAL...........................................................................................................6
|
| Montreal Trust has been cited with approval in subsequent tax decisions. One of the more | 706 |
| approval from the comments of Hart J. in MacKeen: | 772 |
| In McCreath, Dickson J cited with approval the following comments of Lord Reid's in Gartside v. | 938 |
| Cowan et al v. Minister of Finance of Nova Scotia). This passage was cited with approval by Martland J. | 2898 |
| legislation, Estey J. quoted with approval the following excerpt from E.A. Dreidger, Construction of | 2970 |
| the traditional approach to the interpretation of tax legislation, Estey J. quoted with approval the following | 2984 |
| |
|
APPROVALS..........................................................................................................1
|
| important approvals was in MacKeen v. Nova Scotia (Minister of Finance), a decision later | 708 |
| |
|
APPROXIMATELY......................................................................................................2
|
| in approximately places in the I.T.A. | 182 |
| approximately places in the I.T.A. | 1610 |
| |
|
APT................................................................................................................1
|
| The most apt description of a 'beneficial owner' in a modern context is the legal relationship created | 972 |
| |
|
APTLY..............................................................................................................2
|
| As one author has aptly noted "the peculiar development of the equitable jurisdiction in English | 436 |
| It is Rand Js test that most aptly describes the meaning of the expression in the relevant | 2502 |