GST

Sellers Right to Recover Tax Paid on Behalf of a Buyer #261

Legally Speaking

By Gerry NeelyB.A., LL.B. Generally, the GST legislation makes a buyer of property, upon which GST is payable, responsible for its payment. The seller has the responsibility, as agent for the Crown, of collecting and remitting it. The question of the seller’s rights when the buyer fails to pay the GST, was the subject matter

Payment Under Protest #239

Legally Speaking

By Gerry NeelyB.A., LL.B. What do you as a buyer do when your understanding of the contract is that the seller is required to pay GST, but the seller refuses to do so. When that occurred in a recent transaction, the buyer paid the GST to avoid losing the property. The buyer’s lawyer did not state

Age Restriction Unenforceable? #234

Legally Speaking

By Gerry NeelyB.A., LL.B. The frequency with which these columns are dealing with Section 30 of the Condominium Act, and the decisions the courts apparently feel obliged to make as a result of the wording of Sections 29 and 30, make one hope that a new Condominium Act will soon be before the legislature. Bylaws which limit the right

Caveat Emptor #218

Legally Speaking

By Gerry NeelyB.A., LL.B. For those of us who felt that court decisions had relegated the doctrine of caveat emptor to an earlier era, a recent case confirms that the doctrine is still alive to protect vendors, if the facts are right. In one case, prospective purchasers noticed cracks and a sagging floor during their

Audits and Advance Rulings #184

Legally Speaking

By Gerry NeelyB.A., LL.B. It seems like a lifetime, but it is only 15 months since the Goods and Services Tax was implemented. Now that this intensive period of instruction in the intricacies of the legislation has ended, we can expect that the Excise/GST branch of Revenue Canada will be shifting more attention to its

GST and Fair Market Value #167

Legally Speaking

By Gerry NeelyB.A., LL.B. Appraisers tell me that the property purchase tax was small enough not to affect appraisals of fair market value, but that the GST is too large to be ignored as one of the factors in calculating fair market value. While the implementation of GST has given builders a variable bottom line,