25 October 1989 Income Tax Severed Letter AC80321 - Determination of When a Constructive Trust is Created

By services, 22 July, 2022
Official title
Determination of When a Constructive Trust is Created
Language
English
Document number
Citation name
AC80321
Severed letter type
Miscellaneous
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
656819
Extra import data
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"field_external_guid": [],
"field_proprietary_citation": [],
"field_release_date_new": "1989-10-25 08:00:00",
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Main text

October 25, 1989

To:      Appeals Branch
         Appeals and Referrals Division
         Attention: J. Crowley
From:    Financial Industries Division
         F. Francis
         (613) 957-3496

File: 8-0321

Subject: Estate of 19(1)

This is in reply to your memorandum of October 2, 1989, wherein you requested our opinion in respect of the following situation:

24(1)

21(1)(b)

The view that an injured party has no legal rights to any property until the Court has rendered its decision is supported by the case Maroukis v. Maroukis (1984 2 SCR 137). However, this view was apparently rejected in the Fletcher decision at the Tax Court of Canada (87 DTC 624).

21(1)(b)

Sine the determination of when a constructive trust is created is primarily a legal issue, it may be appropriate to forward this matter to Legal Services.

for Director Financial Industries Division Rulings Directorate