What is the test for establishing that a relationship does not exist merely because the parties choose to describe it as a relationship?
Canada (Federal), Canada
The following excerpt is from Uranium City Hospital v. M.N.R., 2003 TCC 439 (CanLII):
In the case of Minister of National Revenue v. Emily Standing, [1992] F.C.J. No. 890 Stone, J.A. stated: ...There is no foundation in the case law for the proposition that such a relationship may exist merely because the parties choose to describe it to be so regardless of the surrounding circumstances when weighed in the light of the Wiebe Door test ...
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law supporting the argument that a relationship does not exist merely because the parties choose to describe it to be so? (Canada (Federal), Canada)
Is there any case law in which the court has found that if a party is not moving, can the nonmoving party continue to sue the moving party? (MultiRegion, United States of America)
What is the burden of establishing jurisdiction against a party who is not a party to a claim? (MultiRegion, United States of America)
What are the criteria used by the courts to determine whether a conjugal relationship exists or existed? (Canada (Federal), Canada)
What is the test for establishing that a party to a wrongful death claim had an identity of interest with, and adequate representation by, the losing party in the second action? (MultiRegion, United States of America)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
What is the burden on a party claiming the protection of privilege to establish the facts that are essential elements of the privileged relationship? (MultiRegion, United States of America)
What is the test for establishing that the government has established the existence of a conspiracy and/or conspiracy? (MultiRegion, United States of America)
What are the elements necessary to establish a "special relationship" between two parties? (MultiRegion, United States of America)
