Hudson's Investment Co. (London) Ltd. v. MNR, 68 DTC 83 (TAB) -- summary under Paragraph 251(5)(b)

By services, 28 November, 2015

An individual (Shapiro) was the shareholder of all the shares of Richard Shapiro Limited ("RSL") and of one-half of the common shares of the taxpayer. Most of the balance of the shares of the taxpayer were held by the Canada Trust Company under a voting trust agreement pursuant to which the common shares were held for the benefit of nieces and nephews of Shapiro and their father was designated as the voting trustee. Because under the terms of the voting trust agreement, the voting trustee was required to act on the advice of Shapiro and could be replaced if he refused to do so, Shapiro had the right to control the voting rights held pursuant to the voting trust agreement, i.e., the right "to have or exercise the power of direction or command" in respect of those voting rights. Accordingly, the taxpayer and RSL were associated corporations.

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