| |
|
APPROPRIATED..................1
|
| the civil law, a distinction is made between corporeal property (things that can be appropriated ) | 1608 |
| |
|
APPROVAL......................1
|
| cannot assign their rights as they please without some approval by the marina. It can therefore | 1174 |
| |
|
APPROVED......................1
|
| return for the payment of a royalty. . . . The prevailing view among authors, which is approved | 170 |
| |
|
APPURTENANCE..................1
|
| servient estate. It is also tied to the dominant estate as an appurtenance if that estate is | 806 |
| |
|
APPURTENANCES.................1
|
| For example, land and its appurtenances , such as buildings. | 3186 |
| |
|
APRIL.........................1
|
| Means Motion made public by the Minister of Finance of Canada on April , . A supply | 1492 |
| |
|
ARBITRATE.....................1
|
| ownership. It therefore seems legitimate for the state to arbitrate that conflict. | 1944 |
| |
|
ARBITRATION...................1
|
| transaction, arbitration agreements. | 3546 |
| |
|
ARCHAMBAULT...................1
|
| ARCHAMBAULT , N., Le louage in La Collection de droit du Barreau du Québec - | 3032 |
| |
|
AREA..........................7
|
| creates a legal vacuum in this area in Quebec civil law, as we will see in our analysis. Any | 98 |
| The traditional definition on which nearly all of the case law in this area relies dates back to | 244 |
| common law courts in considerably altered the legal landscape in the area of property law | 406 |
| particular area , without words to that effect. | 1576 |
| and diligent and to the usual by-laws and restrictions that exist in this area (arts. and | 2142 |
| boarding house or health institution or a dwelling in which over one-third of the floor area is | 2198 |
| must now be interpreted in light of the various statutes and regulations governing this area . | 2308 |
| |
|
AREAS.........................3
|
| has also spread into the province, governing a number of areas of the law. In such | 200 |
| this type of legal relationship more common in areas in which a lease, with its many restrictions | 380 |
| the property or at least exclusive possession of the unit leased, not including the common areas , | 2128 |
| |
|
ARENA.........................6
|
| licences, such as an admission ticket to see a movie in a theatre or a race in an arena or | 332 |
| arena . | 1226 |
| right of continuous use for example, the periodic rental of an arena . Well before the decisions | 1284 |
| circumstances. The same is true of a licence to use an arena , since general control of the arena is | 2094 |
| circumstances. The same is true of a licence to use an arena, since general control of the arena is | 2094 |
| purchases a ticket to see a movie or a race in an arena , as we saw in Chapter I of our study. | 2244 |
| |
|
ARENAS........................4
|
| in arenas operated by or on behalf of municipalities. Both the municipalities and the municipal | 1220 |
| arenas were public service bodies under subsection () of the Act. MTHL entered into | 1222 |
| several agreements to use the various arenas during its fiscal period of January to December | 1222 |
| , . The agreements provided for the use of the arenas on specific days and at | 1224 |
| |
|
ARESIMPLYNOT..................1
|
| argument effectively adds words to the Act which aresimplynot present. Thus, the tax | 1312 |
| |
|
ARGUE.........................1
|
| parties argue that there is a lease or a licence, depending on their respective interests. Landlords | 636 |
| |
|
ARGUED........................10
|
| to the licensee. The licensee therefore argued that, since there was no such clause, the licence | 456 |
| was irrevocable or even perpetual. The licensor argued that the licence was revocable and that | 456 |
| lessee argued that, notwithstanding the terminology used in the agreement, he was a licensee | 720 |
| CNR argued that the agreement gave it an easement, the servient estate being the drawbridge | 832 |
| where the term similar arrangement is used, can it be argued that Parliament was aiming, inter | 942 |
| The society argued that the conditions for the formation of a lease or licence had not been met | 1012 |
| leased property. It argued that the conditions for the formation of a licence are as follows: the | 1020 |
| resort argued that the agreement was not a lease of an immovable but rather an innominate | 2210 |
| However, the respondent argued that, since the lessee shared the use of the slopes, the ski tows | 2226 |
| law. In order to deny a deduction to a taxpayer, the respondent argued that it was | 2598 |
| |
|
ARGUES........................1
|
| one party argues that there is a lease and the other that there is a licence, that intention will be | 314 |
| |
|
ARGUING.......................2
|
| arguing that the owner had not served on it the notice required by the Landlord and Tenant | 690 |
| T.C.C.'s decision, Revenue Canada took the position that the supply was taxable, arguing that, | 1254 |
| |
|
ARGUMENT......................2
|
| argument effectively adds words to the Act which are simply not present. Secondly, | 1272 |
| argument effectively adds words to the Act which aresimplynot present. Thus, the tax | 1312 |
| |
|
ARGUMENTS.....................1
|
| factum for the cross-appeal is especially revealing in the circumstances. One of the arguments | 2254 |
| |
|
ARISE.........................8
|
| It is in this context that we are proposing to analyse the problems that arise in applying the | 94 |
| arise in daily practice. | 230 |
| licences in Quebec civil law will therefore, very fortunately, not arise with easements and | 1400 |
| C.C.Q.). Since a licence in the common law may also arise from a juridical fact, the condition | 2418 |
| intended for them? In the case of burial plots, this problem apparently does not arise , since the | 2502 |
| would arise not only in the case of an agreement conferring continuous possession or use of | 2526 |
| The problems that exist in applying the concept of licence in the E.T.A. arise out of a situation of | 2628 |
| that can be given to that term and seen that application problems arise only in a property | 2668 |
| |
|
ARISEN........................1
|
| develop. But as a response to problems which had arisen , the Errington rule (without | 586 |
| |
|
ARISES........................11
|
| It is an equity well recognised in law. It arises from the expenditure of money by a | 520 |
| arises out of a contract between two individuals and that does not confer on the licensee any | 534 |
| The licence versus bailment issue often arises in a parking context. The courts have | 880 |
| licence that exists between the two individuals arises out of a juridical fact and is recognized as | 1708 |
| or equitable principles? If such a right exists, we believe that it arises not from the existence of | 1846 |
| The question that arises is the following: what would be the situation in the civil law? Is exclusive | 2096 |
| Next, the problem arises in one of three possible situations: situations of unijuralism, situations of | 2620 |
| semi-bijuralism and situations of apparent bijuralism. A situation of unijuralism arises when a | 2620 |
| both the English and French versions of the statute. A situation of semi-bijuralism arises | 2622 |
| common law. Finally, a situation of apparent bijuralism arises where the vocabulary used | 2626 |
| arises in applying paragraph (f) of Part VI of Schedule V of the E.T.A. in Quebec by | 2814 |
| |
|
ARISING.......................1
|
| At common law the relation of landlord and tenant is a contractual one, arising when | 596 |
| |
|
ARMED.........................1
|
| armed with exclusive possession can keep out strangers and keep out the landlord | 654 |
| |
|
ARNOLD........................3
|
| Following these few fluctuations in the case law, the court in Ashburn Anstalt v. Arnold | 578 |
| Anstalt v. Arnold , a contractual licence in the common law is not enforceable against a | 1858 |
| Ashburn Anstalt v. Arnold , Ch. , All E.R. . | 2878 |
| |
|
AROSE.........................2
|
| dispute arose between the deceased's widow and the daughter-in-law, who by then was | 548 |
| (hereinafter CNR), that was using a drawbridge owned by the Crown. The dispute arose | 814 |
| |
|
ARRANGEMENT...................63
|
| ... Licences and the expression lease, licence or similar arrangement | 26 |
| licence or similar arrangement and the terms lease and similar arrangement found therein are | 904 |
| licence or similar arrangement and the terms lease and similar arrangement found therein are | 904 |
| where the term similar arrangement is used, can it be argued that Parliament was aiming, inter | 942 |
| similar arrangement , to define other terms or expressions found in the E.T.A. The definition of | 946 |
| expression lease, licence or similar arrangement , an expression that we will examine in the next | 956 |
| of lease, licence or similar arrangement , but does not include an office or employment; | 962 |
| ... Licences and the expression lease, licence or similar arrangement | 962 |
| similar arrangement . The importance of this expression becomes clear when one considers the | 964 |
| sale or by way of lease, licence or similar arrangement . The Department of Finance | 966 |
| Throughout Part IX of the Act, the expression lease, licence or similar arrangement is used in | 968 |
| similar arrangement in that, although possession of the property is transferred to the other | 974 |
| arrangement ), only a sale permits ownership of the property to be transferred to the other | 976 |
| arrangement , of the use or right to use real property or tangible personal property shall be | 990 |
| Despite the importance of the expression lease, licence or similar arrangement and the | 998 |
| determining whether a supply is made by way of lease, licence or similar arrangement is as | 1002 |
| follows: It is more appropriate to distinguish the arrangement from a 'sale' than to try to | 1002 |
| non-profit society could be characterized as a lease, licence or similar arrangement . The | 1008 |
| and that a valid similar arrangement could exist only if most of the elements essential to the | 1014 |
| With regard to a similar arrangement , the society referred to Ontario Regional Assessment | 1022 |
| simply had to determine whether it was an arrangement similar to a lease or licence: | 1030 |
| meaning of the words or a similar arrangement , I do not think that I must decide on | 1032 |
| whether this arrangement is a lease or a licence, but was it a similar arrangement. In | 1032 |
| whether this arrangement is a lease or a licence, but was it a similar arrangement . In | 1032 |
| expression similar arrangement , taxpayers would merely have to word their agreements so that | 1044 |
| strictly leases or licences. The term similar arrangement is not defined in the Act. | 1050 |
| Administratively, it is interpreted as an arrangement which is not strictly a lease nor a | 1052 |
| arrangement could be viewed as an arrangement whereby one of the parties is either | 1054 |
| arrangement could be viewed as an arrangement whereby one of the parties is either | 1054 |
| Revenue Canada has provided examples of what it considers an arrangement similar to a lease | 1056 |
| of sale is granted by way of lease, licence or similar arrangement . Similarly, Revenue Canada's | 1060 |
| arrangement similar to a lease or licence. It is equated with a long-term lease in the common | 1062 |
| similar arrangement . In a timesharing context, the Department characterized usufruct as follows: | 1066 |
| (C.C.Q.) as a supply of real property by way of lease, licence or similar arrangement . | 1068 |
| As such the supplier of usufruct rights under the timeshare arrangement will be viewed | 1070 |
| as making supplies by way of lease, licence or similar arrangement that are one week in | 1070 |
| means by similar arrangement . However, the terms lease and licence remain undefined in | 1074 |
| arrangement can lead to surprising results in some circumstances. | 1122 |
| or similar arrangement for a period of less than one month, where the supply is made in | 1196 |
| Strangely, the expression similar arrangement was removed from the paragraph, reducing GST | 1206 |
| lease, licence or similar arrangement gave rise to a problem in applying the provision, as we | 1210 |
| whether the supply was made by way of lease, licence or similar arrangement for a period of | 1236 |
| supply. When Parliament uses the expression lease, licence or similar arrangement , | 1246 |
| lease, licence or similar arrangement for a period of less than one month. On appeal from the | 1252 |
| month modified a supply of . . . real property and not lease, licence or similar arrangement , | 1256 |
| be made by way of lease, licence or similar arrangement . It is in the nature of a lease, | 1274 |
| licence or similar arrangement to allow a person to use a given property for a limited | 1274 |
| similar arrangement was for a period of more than one month and was therefore exempt | 1280 |
| similar arrangement and the terms found therein should be interpreted. However, since those | 1354 |
| Since the legislative amendment eliminating the words similar arrangement from | 1372 |
| lease or a licence, as a similar arrangement (similar to those in the nature of easements) | 1406 |
| where appropriate. The parties to and the terms of the arrangement , the nature of the | 1406 |
| lease, licence or similar arrangement . | 1532 |
| by way of lease, licence or similar arrangement rather than by way of sale. That | 2508 |
| similar arrangement , an agreement that would be a licence in the common law but an | 2512 |
| arrangement . The tax authorities' interpretation of these terms clearly shows that an agreement | 2514 |
| possession and use of real property, it can be characterized as a similar arrangement . This | 2516 |
| However, in so far as the expression lease, licence or similar arrangement has not been used in | 2522 |
| expression lease, licence or similar arrangement do not create application problems for | 2674 |
| be characterized as a similar arrangement in Quebec without it being necessary to specifically | 2678 |
| expression lease, licence or similar arrangement or alone, is a meaningless term in Quebec civil | 2682 |
| arrangement in the English version and by way of bail, permission ou accord semblable in | 2702 |
| similar arrangement followed by the criterion of continuous possession or use would mean that | 2818 |