| |
|
ASSUMES............................................................................................................1
|
| This assumes that the trust would be considered to be the owner of the trust property as it is | 3264 |
| |
|
ASSUMING...........................................................................................................1
|
| Other descriptions begin by assuming that the 'owner' is generally the 'beneficial owner': | 474 |
| |
|
ASSUMPTION.........................................................................................................1
|
| assumption if no change in beneficial ownership is to occur when property is transferred to a trust. | 1750 |
| |
|
ASSUMPTIONS........................................................................................................2
|
| tax purposes in a number of provisions in the I.T.A. The assumptions underlying the | 256 |
| tax purposes in a number of provisions in the I.T.A. The assumptions underlying the | 1684 |
| |
|
ATCO...............................................................................................................2
|
| as being exceptional on its facts. Reference is also made to the decision in Atco Ltd. et al v. Calgary Power | 2998 |
| exceptional on its facts. Reference is also made to the decision in Atco Ltd. et al v. Calgary Power et al, | 3330 |
| |
|
ATTACH.............................................................................................................6
|
| - In my view, the short answer to this question is no. The various meanings that may attach | 162 |
| At least four basic meanings may attach where the expressions: beneficial ownership, beneficial | 184 |
| does not attach the word beneficially owns to this expression. If the words beneficially | 1284 |
| In my view, the short answer to this question is no. The various meanings that may attach where | 1578 |
| At least four basic meanings may attach where the expressions beneficial ownership, beneficial | 1612 |
| attach depending on the provision at issue. Where the expressions are not used, these concepts | 2524 |
| |
|
ATTACHES...........................................................................................................1
|
| both cases however, the expression 'beneficial owner' attaches because the courts recognize the | 292 |
| |
|
ATTEMPT............................................................................................................3
|
| fundamental importance, that in my view, any attempt to find a meaning for these concepts, | 76 |
| 'beneficial owner' in part by drawing from two Canadian decisions, both of which attempt to | 504 |
| attempt to tax the donee of a power of appointment departs from fundamental proprietary concepts. See | 3396 |
| |
|
ATTEMPTED..........................................................................................................1
|
| property and the equitable interest of the trust beneficiary if the trustee attempted , for example, to | 368 |
| |
|
ATTORNEY-GENERAL...................................................................................................2
|
| The leading modern British authority is Uniacke v Attorney-General (In Re Miller's Agreement), | 642 |
| Uniacke v. Attorney-General , Ch. . The test was that 'it must be postulated of him the | 702 |
| |
|
ATTRIBUTABLE.......................................................................................................1
|
| attributable to the use of this equitable concept, particularly as it relates to the taxation of trusts | 46 |
| |
|
ATTRIBUTE..........................................................................................................1
|
| or entity to whom the residence country will attribute the payment for tax purposes. According | 1366 |
| |
|
ATTRIBUTED.........................................................................................................6
|
| If one resorts to legal dictionaries in search of the meaning to be attributed to such words and | 628 |
| meaning to be attributed to the words 'beneficially entitled' in that Act. The taxpayers argued that | 758 |
| the meaning to be attributed to the words 'beneficially entitled' should be the meaning which has | 758 |
| As Dickson J. pointed out in his dissent in Covert, if one looks for the meaning to be attributed | 1024 |
| an owner. He is a person to whom the property of someone else is fictitiously attributed by the law, | 1098 |
| attributed to it by counsel in this case. It could be restricted to situations where issued shares are | 1254 |
| |
|
ATTRIBUTES.........................................................................................................3
|
| more than mere rights in personam. This wider view attributes greater significance to substance | 1088 |
| practical attributes of ownership. To be a beneficial owner, one must have the right to deal with the | 1400 |
| entirely straightforward. This is due in part to the possibility that the economic attributes of property | 1406 |
| |
|
ATTRIBUTION........................................................................................................1
|
| applicable the attribution rules in then subsection ( ) of the Act. Although the Sachs | 960 |
| |
|
AUGUST.............................................................................................................1
|
| German Tax Treaty, August ,. TNI -. | 3158 |
| |
|
AUMON..............................................................................................................1
|
| In Csak v. Aumon , the court addressed whether applicants claiming a right to become | 1248 |
| |
|
AUNT...............................................................................................................1
|
| who is beneficially interested in the trust is an aunt , uncle, niece or nephew of another | 2178 |
| |
|
AUTHOR.............................................................................................................6
|
| Author : Catherine Brown | 4 |
| As one author has aptly noted "the peculiar development of the equitable jurisdiction in English | 436 |
| following outlines one of these summaries. The British author Gray differentiates the two main | 1066 |
| The German author Vogel is, however, of a very different view of how the expression beneficial | 1372 |
| being interposed between the beneficiary and the payer. American author Joni Walser gave the | 1394 |
| One U.S. author has commented that there is virtually no substantive difference between the | 3182 |
| |
|
AUTHORITATIVE......................................................................................................2
|
| nonetheless important for two reasons. First, it provides the most recent and authoritative | 810 |
| important for two reasons. First, it provides the most recent and authoritative statement on the | 2488 |
| |
|
AUTHORITIES........................................................................................................7
|
| Third, since at least the 's there has been heated debate among trust authorities over the use | 294 |
| Dickson J. also referred to American authorities on the meaning of 'beneficially entitled' to indicate | 652 |
| according to the authorities , required that a beneficiary have a right and imported the requirement | 664 |
| dispute among some trust authorities over the appropriateness | 978 |
| to some authorities , a second definition may also apply if the tax treaty is based other than on the | 1368 |
| the leading authorities in the field, have expressed very different and often impassioned views on | 2560 |
| discussion of Trusts in Issue Two. However, some authorities dispute even this conclusion. | 2922 |
| |
|
AUTHORITY..........................................................................................................3
|
| The leading modern British authority is Uniacke v Attorney-General (In Re Miller's Agreement), | 642 |
| your Lordships, that the Inland Revenue can alone find authority for the present contention that the | 2658 |
| specific trust property. Trans Canada Investments is also authority for the proposition that even | 2796 |
| |
|
AUTHORS............................................................................................................8
|
| as "an enforceable bundle of rights that links a person to a thing." According to these authors the | 456 |
| discussed further, some authors and tax cases have introduced the notion that B (the beneficiary) | 1058 |
| A number of modern authors have provided useful summaries of both sides in this debate. The | 1064 |
| Grays conclusions, like those of many Canadian trust authors are inconclusive and unhelpful in | 1106 |
| trust assets. The debate has been further fueled by the position adopted by various authors that | 2558 |
| beneficiaries rights should be classified as in personam or in rem. These authors , who included | 2558 |
| various authors , and include the right of beneficiaries to call for trust property if they are sui juris | 2576 |
| American authors , Scott for example, view the beneficiary as an equitable owner of trust property. In his | 3058 |
| |
|
AUTONOMOUS.........................................................................................................1
|
| owner should be interpreted and applied. He views it as an autonomous treaty concept and states | 1372 |
| |
|
AVAILABILITY.......................................................................................................3
|
| equity. Gray and Symes explain that the change in ownership results from the availability of | 1190 |
| more fragile than a legal entitlement. A right in equity is dependent on the availability of equitable | 2816 |
| equitable interest is more fragile than a legal entitlement. A right in equity is dependent on the availability | 2858 |
| |
|
AVAILABLE..........................................................................................................9
|
| provinces). As a result, equitable remedies, defenses and causes of action are available in the | 92 |
| - The major rights and remedies available to a beneficiary remain in personam or against the | 94 |
| specific performance may be available . In trust law, the use of the expression 'beneficial ownership' | 290 |
| provinces). As a result, equitable remedies, defenses and causes of action were available for the | 360 |
| respect to the trust property. The major remedy available to the beneficiary remains in personam or | 374 |
| commentary merely states that treaty benefits are not available when an intermediary, such as an | 1348 |
| used or made available for use -the second is the right to dispose of the yield. Ownership is merely | 1384 |
| not the capital or other assets should be used or made available for use by others or () on how the | 1388 |
| The beneficiaries were therefore able to claim the tax benefits available as if they received earned | 2778 |
| |
|
AVOID..............................................................................................................3
|
| The use (trust) became very popular as a way to avoid creditors and other feudal responsibilities | 346 |
| duty legislation. In that case Mr. Jodrey, in order to avoid the imposition of succession duties | 752 |
| was the sole beneficiary might avoid being assessed on a disposition of the property at the time of transfer. | 3306 |
| |
|
AXIOM..............................................................................................................1
|
| which arose only from looseness of language and forgetfulness of Maitlands axiom , unless the case was | 3362 |
| |
|
BAKER..............................................................................................................4
|
| The leading case in this area is Archer-Shee v. Baker , a decision of the House of Lords. In | 2588 |
| Archer-Shee v. Baker strongly supports this view. | 2720 |
| Archer-Shee v. Baker , A.C. (H.L.). This decision has received mixed support in | 2922 |
| income generated by a trust of which heshe is a beneficiary. See Archer-Shee v. Baker , A.C. | 3054 |
| |
|
BALANCE............................................................................................................1
|
| () unused portion of a beneficiarys exempt capital gains balance (b)(ii) where there has | 2348 |
| |
|
BALFOUR............................................................................................................1
|
| In their text on Canadian property law, Mendes Da Costa, Balfour and Gilles describe 'ownership' | 456 |
| |
|
BANK...............................................................................................................5
|
| York bank . | 2598 |
| York Bank account were income arising from securities. | 2606 |
| Messrs. J. P. Morgan and Company's bank there. None of these moneys have been received in the | 2668 |
| Printers Ltd. v. Canada, S.C.R. ; Neuman v. M.N.R. S.C.R. ; Continental Bank | 2976 |
| S.C.R. ; Continental Bank Leasing Corp. v. R., (), D.T.C. (S.C.C.); Shell Canada v. R., | 2994 |
| |
|
BAR................................................................................................................3
|
| Interest," Can. Bar Rev. V. XLV at . For a review of the history of uses and trusts, Gillen | 2918 |
| Interest, Can. Bar Rev. XLV . | 3274 |
| D. Waters, The Nature of the Trust Beneficiarys Interest, Can. Bar Rev. V. XLV at | 3346 |
| |
|
BARE...............................................................................................................31
|
| ownership by a person where a bare trustee, agent, or other intermediary holds legal title to the | 198 |
| recognized, however, that case law about whether a trust is a bare trust has focused on whether | 202 |
| However, if the trust is to be ignored, it can probably be assumed that the beneficiary of a bare | 206 |
| beyond former arrangements that were considered to be bare trusts under Technical News | 216 |
| we today refer to as a bare trust to include active duties on the part of the trustee, and complex | 420 |
| In contrast, many are of the view that a beneficiary of a bare trust is effectively the 'beneficial owner | 576 |
| partnership or group of investors for convenience to hold legal title to property. Bare trusts have | 580 |
| Aside from a bare trust arrangement, determining who is the beneficial owner of trust property can | 584 |
| language, the transfer of property to an agent, another intermediary, or to a bare trustee, is well | 602 |
| when the trustee is a bare trustee; the trustee is a person who holds property in trust at the | 972 |
| thus negating an argument that this was a bare trust. Other tax decisions have also examined | 1136 |
| the former debate about who the beneficial owner of assets of a bare trust is, a debate finally | 1150 |
| beneficial ownership through a bare trustee or agent. In my view, in this context is not clear what is | 1238 |
| ownership by a person where a bare trustee, agent, or other intermediary holds legal title to the | 1624 |
| recognized, however, that case law about whether a trust is a bare trust has focused on whether | 1628 |
| However, if the trust is to be ignored, it can probably be assumed that the beneficiary of a bare | 1634 |
| Act considerably beyond former arrangements that were considered to be bare trusts under | 1644 |
| ownership through a bare trust, agent or other intermediary through a subsection () | 1712 |
| for tax purposes. Conversely, if the trust is not a bare trust or a subsection () | 1722 |
| as beneficial owner, if held through a bare trust, agency or subsection () arrangement, and | 1838 |
| that the trusts must be bare trusts in these circumstances. | 1910 |
| is a bare trust, subsection () arrangement, or a resulting or constructive trust, the beneficial | 2038 |
| to a bare trust, in which the settlor is the sole beneficiary , or perhaps a transfer of legal title, if | 2052 |
| demand his proportion share of the shares in the underlying corporations, thus suggesting a bare | 2748 |
| power to sell and convert them, thus refuting the notion of a bare trust. Rand J. in his dissent also | 2750 |
| words the position of the vendor is something between what has been called a naked or bare trustee...and a | 3124 |
| practice with respect to when bare trusts will be ignored for tax purposes. According to Technical News | 3198 |
| , a bare trust is a trust under which the settlor is the sole beneficiary and can cause the property to revert | 3198 |
| was to override former case law about who a bare trustee is, nor has Technical News , to my knowledge, | 3208 |
| the beneficial owner. Beneficiaries under a bare trust as defined in Technical News would, however, | 3210 |
| of a bare , resulting, or constructive trust, or more recently, under a subsection () arrangement. | 3272 |