sábado, 13 de septiembre de 2014

Canada Trustco Mortgage Co. v. Canada

Canada Trustco Mortgage Co. v. Canada, is a significant case of the Supreme Court of Canada on the intersection of the Income Tax Act and the Bills of Exchange Act and the ability to seize funds that have been deposited by a debtor into an account held at a financial institution in Canada.
The facts
McLeod, a practising member of the Law Society of British Columbia, maintained a trust account with Canada Trustco for the purposes of his law practice. In addition, he and another lawyer held a joint account at the same branch. Each of the accounts was governed by an agreement. McLeod owed tax to the federal government. The Minister became aware that cheques payable to McLeod were being drawn on the trust account and deposited in the joint account. Each of the cheques during the period in question was drawn on the trust account, was payable to McLeod and was delivered to Trustco with an instruction to deposit the funds in the joint...

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