That is the essence of this matter. The share structure of the company is not in dispute, the Respondent owns 49% and is not in control of the company. He does not own the majority of shares nor does he have any other legal control (power of attorney, proxy, etc.) As defined in the Income Tax Act and discussed in Breckerfield”s Ltd. et al v. Minister of National Revenue supra.
"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.