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La Cour canadienne de l’impôt accueille en partie l’appel de M. Pierre et de sa société, ajuste plusieurs déductions et renvoie les cotisations au ministre pour nouvelle cotisation.
The Court of Appeal dismissed an application to vary the refusal of leave to appeal an arbitral award, holding the proposed issues were mixed fact and law.
Post-trial application for management fees in a motor vehicle injury case. The court awarded the plaintiff $30,000 for tailored, periodic investment advice.
The court awarded $55,000 for management fees and $1,613,599 for tax gross-up, finding ongoing independent financial advice was warranted on the evidence.
The court addressed deductions from a future care award, a claimed calculation error, and applications for management fees and tax gross-up in a motor vehicle injury case.
Certification of a proposed class action was deferred pending further evidence that the defendants used a “closet indexing” strategy in managing mutual funds.
The court deducted most ICBC Part 7 benefits from a motor-vehicle negligence award, allowed a modest 25% contingency on future disability benefits, and awarded $25,000 management fees plus $15,000 gross-up.
The court found a joint venture, rejected an alleged management-fee agreement, and held Denis Medanic and related companies liable for diverting fishing revenues.
The court dismissed a post-trial application for management fees, finding the plaintiff could manage her affairs and had the acumen to invest the award.
The court awarded pre- and post-judgment interest, $200,000 in management fees, no tax gross-up, and 50% of taxable costs in this personal injury negligence case.
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