| |
|
ANTICIPATION..................1
|
| licensor and the licensee therefore bind themselves in anticipation of those legal effects. | 1714 |
| |
|
ANTIQUES......................1
|
| antiques ); taken from R. Megarry and H.W.R. Wade, op. cit., note , p. . | 3268 |
| |
|
ANXIETY.......................1
|
| or shown no practical anxiety to stop his further frequenting the lands. Robert Addie | 270 |
| |
|
ANYONE........................5
|
| be revoked in breach of the contract. Neither the licensor nor anyone who claims | 558 |
| to anyone , including the landlord or the owner of the premises. There is no lease if the owner | 644 |
| from the spring, is not owned by anyone . At the very most, there can be an easement for the | 778 |
| binding on anyone who is not a party to the contract. This is therefore another distinction to be | 1862 |
| to the property to anyone , even the landlord. Since this incident of the landlord's ownership is | 2060 |
| |
|
ANYWHERE......................2
|
| anywhere in the E.T.A. to translate the concept of a licence in property law, as defined by the | 900 |
| The precarious occupation agreement does not appear anywhere in the nominate | 3552 |
| |
|
APART.........................3
|
| system is complete in itself, and apart from the case where one system takes | 226 |
| the same in a property law case or in a contractual context? As we emphasized above, apart | 234 |
| Apart from these reference points, we are aware that drawing up a definition of the concept of | 2764 |
| |
|
APARTMENT.....................1
|
| the case of an apartment building) and a clause authorizing the landlord to enter the | 2064 |
| |
|
APERÇU........................1
|
| GRENON, A. and L. BÉLANGER-HARDY, Éléments de la common law et aperçu | 2992 |
| |
|
APP...........................2
|
| O'Neil v. Esquire Hotels Ltd. (), D.L.R. (d) (N.B.S.C., App . Div.). | 2928 |
| Plimmer and another v. Wellington Corporation (), App Cas , H.L. A.C. - | 2932 |
| |
|
APPAH.........................1
|
| Appah v. Parncliffe Investments Ltd., All E.R. , W.L.R. (C.A.). | 2878 |
| |
|
APPARENT......................2
|
| semi-bijuralism and situations of apparent bijuralism. A situation of unijuralism arises when a | 2620 |
| common law. Finally, a situation of apparent bijuralism arises where the vocabulary used | 2626 |
| |
|
APPEAL........................14
|
| article C.C.Q. As Mr. Justice Albert Mayrand, formerly of the Quebec Court of Appeal , | 192 |
| Appeal , the concepts of invitee and licensee had been referred to and found applicable by that | 206 |
| court. On appeal from that decision, the judges of the Supreme Court therefore had to decide | 208 |
| whether the Court of Appeal had rightly relied on those concepts to make its decision. Beetz J. | 208 |
| to stay during the war. The judges of the Court of Appeal could not find a contractual intention | 682 |
| Estates Ltd. v. Crabbe. The Court of Appeal had to rule on the nature of an agreement | 686 |
| The review approach was followed by the Ontario Court of Appeal shortly thereafter in | 716 |
| the facts of this appeal , it is clear that the builder gives possession of a residential unit for | 1034 |
| and the Minister appealed the T.C.C.'s decision to the Federal Court of Appeal (hereinafter | 1230 |
| lease, licence or similar arrangement for a period of less than one month. On appeal from the | 1252 |
| Appeal inevitably deals with nominate contracts like sale, lease and mandate, it must | 2458 |
| passing that it is interesting to see that in the appeal case Her Majesty the Queen and | 2596 |
| whatever the legal system. . . . It is a matter for surprise that in the appeal at bar the | 2602 |
| because of the restrictions imposed by the landlord. In the present case, the Court of Appeal | 3362 |
| |
|
APPEALED......................2
|
| pursuant to section of the Act. The application was denied. MTHL appealed to the T.C.C., | 1228 |
| and the Minister appealed the T.C.C.'s decision to the Federal Court of Appeal (hereinafter | 1230 |
| |
|
APPEARANCES...................1
|
| appearances and try to identify or specify the regime as complex as it is uncertain | 2460 |
| |
|
APPEARS.......................3
|
| There appears to be no case in which the point has been specifically raised and | 422 |
| appears to be that, whatever the label may have been attached to it, it in fact conferred | 698 |
| The document, superficially, appears to contain the so-called essentials of an easement. | 836 |
| |
|
APPELLANT.....................5
|
| determine the degree of liability of the respondent, which owned a hotel in which the appellant | 204 |
| Class property under the Income Tax Act. According to the Court, the appellant was | 2250 |
| does not confer a right to the credits claimed by the appellant . The Deputy Attorney | 2264 |
| Mont-Sutton Inc. . . . which was heard by this Court on June , , the appellant | 2596 |
| appellant a deduction which is granted to taxpayers and businessmen operating under | 2604 |
| |
|
APPELLANT'S...................1
|
| the appellant's indicating their decision that the permission given by the licence would be | 466 |
| |
|
APPLICABLE....................23
|
| the Civil Code of Québecon January , , the civil law applicable in Quebec changed | 86 |
| rules applicable in determining the degree of liability of the ownerdefendant in such | 180 |
| Appeal, the concepts of invitee and licensee had been referred to and found applicable by that | 206 |
| accompanied by payment terms similar to those applicable to rent. However, in one | 372 |
| already mentioned. As for contractual licences, we can identify the applicable legal rule only | 530 |
| The principles applicable in resolving a question of this sort are, I apprehend, these. It | 694 |
| be concluded, based on the applicable tests, that the rights set out above give users a licence | 1176 |
| practical purposes, have been applicable to supplies made by way of lease. | 1318 |
| provincial private law principles are applicable in a field of exclusively federal jurisdiction only | 1558 |
| suppletive rules are applicable to federal legislation: | 1562 |
| determine whether licences can, through the general rules applicable to contracts, be | 1602 |
| personal obligations. According to the applicable rules of interpretation, the parties' intention is | 1682 |
| a right of retention based on the general principle applicable to all contracts under article | 1844 |
| C.C.Q. Does a licensee have a right of retention according to the applicable common law | 1844 |
| forgotten that licences are not subject to the various statutes applicable to leases, which is why | 2312 |
| obligational content of and legal regime applicable to complex contracts that have been | 2456 |
| applicable to economic relationships that cannot be placed in the traditional legal | 2462 |
| way of sale. Paragraph (c) of Part VI of Schedule V of the E.T.A. is therefore not applicable | 2504 |
| expression allows for the same tax treatment regardless of the applicable legal system. | 2510 |
| different terms to express the legal rule applicable to each legal system. This technique is | 2634 |
| We should specify that the definitions in the Federal Real Property Act are applicable in an | 2746 |
| with the tax policy applicable to consumption taxes. We believe that the recommendations we | 2838 |
| This therefore makes section of Part VI of Schedule V of the E.T.A. applicable . | 3458 |
| |
|
APPLICANT.....................2
|
| Nonetheless, the applicant (Revenue Canada) contends that the phrase for a period of | 1268 |
| applicant was manufacturing snow for lease so as to be entitled to claim a credit for | 2248 |
| |
|
APPLICATION...................44
|
| THE EXCISE TAX ACT AND THE APPLICATION OF THE COMMON LAW CONCEPT OF LICENCE IN A QUEBEC CIVIL LAW CONTEXT | 0 |
| legal traditions sometimes lead to inequities in the application of such statutes. | 54 |
| combines the application of these legal traditions in the two official languages, English and | 80 |
| application may lead to different treatment or even inequities, depending on whether the | 100 |
| usually prefer the creation of a bare licence to avoid the application of landlord and tenant acts, | 638 |
| legal relationship whatsoever: There is one golden rule which is of very general application , | 678 |
| Part VI of Schedule V of the E.T.A., the application of which is problematic in Quebec. | 996 |
| they could not be characterized as leases or licences in order to avoid the application of the | 1044 |
| examples. We will look more specifically at the application of one paragraph, namely | 1118 |
| This comparison between the application of that paragraph in Quebec civil law and in the | 1186 |
| MTHL filed a GST rebate application in respect of amounts paid in error on January , | 1228 |
| pursuant to section of the Act. The application was denied. MTHL appealed to the T.C.C., | 1228 |
| that taxpayers saw the application of paragraph (f) differently. The issue in Metropolitan | 1286 |
| application of paragraph (f) similar in the common law provinces and in Quebec. The rental | 1332 |
| the other provinces. The problems we have seen with the application of common law | 1400 |
| League case remained unresolved in Quebec for the application of both the GST and the QST, | 1480 |
| intelligent application of that statute. The implicit dependency of federal legislation is | 1580 |
| Since the circumstances leading to the application of the E.T.A.'s provisions at issue in our study | 1716 |
| application of the legislation governing leases: | 1754 |
| it was important to promote the equitable application of the Act's provisions throughout Canada | 2256 |
| application of this provision than the situation described above, and it strikes us as being | 2280 |
| application of certain legislative provisions where the facts indicate that the contract in question | 2478 |
| facilitates the application of our federal statutes, such as the E.T.A. Thus, it is perhaps a matter | 2582 |
| necessary to translation ensure a fair and equitable application of the Act throughout | 2600 |
| particularly useful when it is necessary to clearly delimit the application of a legal rule in Quebec | 2634 |
| in a definition that describes the statute's application for the province of Quebec specifically, | 2640 |
| three fundamental objectives: the application of the provisions must be uniform in all Canadian | 2644 |
| that can be given to that term and seen that application problems arise only in a property | 2668 |
| licences so as to create perfect uniformity of application in every Canadian province. | 2672 |
| expression lease, licence or similar arrangement do not create application problems for | 2674 |
| expression allows for the uniform application of the E.T.A. in all Canadian provinces. | 2676 |
| of the term real property in section (), which contains a definition for the application of | 2716 |
| the term immovable property in Quebec and a definition for the application of the term real | 2718 |
| allow for some flexibility in its application . However, the definition will have to include all the | 2768 |
| application of the E.T.A. in Quebec, the leaselicence characterization for the purposes of | 2786 |
| While this solution seems ideal in theory, we believe that the practical application of | 2792 |
| the application of the E.T.A. in Quebec. From this standpoint, we feel that the wording of the | 2806 |
| the purposes of the E.T.A. or certain provisions thereof, the application of those provisions in | 2812 |
| other legal systems. However, there comes a time when the application of federal legislation is | 2832 |
| facilitate the application of provisions referring to concepts that are fundamentally different in the | 2836 |
| PIZZIO, J-M., La notion de convention d'occupation précaire et son application | 3082 |
| Application of the Civil Code of Québec to the Federal Government in . | 3166 |
| Hence the application of paragraph (f) before the amendment, that is, for | 3474 |
| J.M. Pizzio, La notion de convention d'occupation précaire et son application | 3560 |