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
The following excerpt is from Somexpo Inc. v. M.N.R., 2004 TCC 819 (CanLII):
After outlining his reasons, Rowe D.J., supra, referred to this relevant excerpt from Minister of National Revenue v. Emily Standing, [1992] F.C.J. No. 890: ...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 ...
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