Below we explain our understanding of the application of customary and civil law, which would apply to determining the existence of an agency. In particular, we will discuss the issue under the following headings: provisions, essential characteristics of the Agency and indicators, fiduciary nature and indicators of the Agency`s relationship, and issues that should help determine whether the Agency`s essential qualities are present in a transaction. Finally, we have provided four examples that illustrate the process of determining whether a person is an agent for a given transaction. Agency by law includes the agency of necessity and the agency by Estoppel. In certain cases of necessity, the law may operate in such a way that a person (B) is treated as an agent of another person (A) so that B can take all necessary measures to protect the interests of A. Although Akbari signed the purchase and sale contract, he did not use the property as his principal residence and he did not personally occupy the house. He therefore did not fulfil the conditions laid down in Article 254(2) of the Law on excise duties. As a result, the CRA refused cheemas GST/HST New Housing Rebate. an agency relationship consists of three essential elements: (1) the agreement of the contracting authority and the agent; 2. the power of the holder to undermine the legal status of the contracting authority; and (3) the contracting authority`s control over the actions of the agent. (Royal Securities Corp. Ltd.
v. Montreal Trust Co. et al, 1966 CanLII 173 (ONSC)). But even if such an agreement constitutes a “transfer”, an important question remains: what ownership has been transferred? Remember that under section 160, a taxable person`s liability is limited to the fair value of the property transferred. . . .