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McLachlan’s law firm, McLachlan & Rissman, dealt on behalf of the RMM group with Mr. ... Richard Lipton of the Chicago law firm Sonnen- schein, Carlin, Nath & Rosenthal that provided initial tax advice to the RMM Group. ... The French version reads: Il est entendu que l’opération dont il est raisonnable de considérer qu’elle n’entraîne pas, directement ou indirectement, d’abus dans l’application des dispositions de la présente loi lue dans son ensemble — compte non tenu du présent article — n’est pas visée par le paragraphe (2). ...

Brehaut questions about a number of documents including an October, 1980 Detour Lake joint venture executive summary, a pamphlet prepared by the appellant entitled "The Mine Development Process, Campbell Red Lake 1980 Annual Report”, excerpts from a joint venture agreement dated December 29, 1982, Detour Lake Mine capital expenditures summary — 1984 and 1984 annual reports, 1985 annual report excerpts and other documents. ... Brehaut to a document entitled Detour Lake Mine Capital Expenditures Summary — 1984 showing actual expenditures of $8,783,784 for Phase II expansion underground and a figure of $9,334,460 shown as "Approved by J.V.” ... Justice Cartwright said, at page 601 (C.T.C. 212, D.T.C. 1152): For the appellant it is contended that the word “ mine” as used in clause (b) of subsection 74(1) means not "a portion of the earth containing mineral deposits" but rather “a mining concern taken as a whole, comprising mineral deposits, workings, equipment and machinery, capable of producing ore". and then accepted that contention. ...

., to be rendered — any amount received by the taxpayer in the year in the course of a business (1) that is on account of services not rendered or goods not delivered before the end of the year or that, for any other reason, may be regarded as not having been earned in the year or a previous year, or (ii) under an arrangement or understanding that it is repayable in whole or in part on the return or resale to the taxpayer of articles in or by means of which goods were delivered to a customer. ... I draw this inference from subparagraph 20(1)(m), which reads: 20(1) Notwithstanding paragraphs 18(1)(a), (b) and (h), in computing a taxpayer’s income for a taxation year from a business or property, there may be deducted such of the following amounts as are wholly applicable to that source or such part of the following amounts as may reasonably be regarded as applicable thereto: (m) Reserve in respect of certain goods and services — subject to subsection (6), where amounts described in paragraph 12(1)(a) have been included in computing the taxpayer’s income from a business for the year or a previous year, a reasonable amount as a reserve in respect of (i) goods that it is reasonably anticipated will have to be delivered after the end of the year, (ii) services that it is reasonably anticipated will have to be rendered after the end of the year, (iii) periods for which rent or other amounts for the possession or use of land or chattels have been paid in advance, or (iv) repayments under arrangements or understandings of the class described in subparagraph 12(1)(r/)(ii) that it is reasonably anticipated will have to be made after the end of the year on the return or resale to the taxpayer of articles other than bottles. ... Langan, Snell's Principles of Equity (London: Sweet & Maxwell, 1982) at 41. ...

In this calculation he looked at the billings achieved up to December 31st, 1991 and came up with a low goodwill value of $73,257.00 and a high goodwill value of $107,354.00 based on the Guthrie / Bonnatyne formula. [12] He considered valuations based upon the ICABC goodwill surveys and admitted that different interpretations could be placed upon schedule G depending upon the factors he looked at. ... On page 16 of his report he concluded that the valuation of the goodwill on the date in question based upon the different methods was as follows: (1) excess earnings method.- low, $49,100.00, high, $61,400.00. (2) Rule of thumb method-schedule F (A)- Exhibit A-2- low $65,900.00, high $82,400.00. (3) Githrie / Bonnatyne method,- low $73,300.00, high, $107,300.00 (4) ICABC surveys- low $74,400.00- high $86,800.00. (5) Actual retention rates method- low, $86,400.00, high, $98,800.00. (6) Future billings method- low, $83,600.00- high $92,100.00. (7) Discounted future cash flows method- low, $117,600.00, high, $147,500.00. [15] It was his position that the most appropriate method of calculating value was considered to be the rule of thumb calculations based on the ICABC surveys. [16] He was referred to the Respondent`s report and he said that he had reviewed it. ... Landry at page 3, the limitations of his report are set out by him when he said, "based on the information available to me in the restricted scope of my review, the attached calculations indicate that the estimated fair market value goodwill is within the range of $74,000.00 / $87,000.00. ...

In the years in question, he was fishing off the "Wally & Sisters" with a crew of five to six including himself. ... Powell & Company. The cheque register was kept at Stephenville and it was on the computer before 1990. ... In Andrew Paving & Engineering Ltd. et al. v. M.N.R., [1984] C.T.C. 2164, 84 D.T.C. 1157 (T.C.C.), it was held that where statutory provisions are open to two interpretations, the one to adopt is that which is just and reasonable rather than that which is neither. ...

The above excerpts of the oral argument advanced on behalf of both appellants must he considered with the submission made in the undated notice of appeal filed with the Court in file No. 86-1443(IT) by the appellant, Serafino Tiberio, in respect of the 1985 taxation year, which submission is couched in the following terms: "This claim is based on the Canadian Charter of Rights & Freedoms; in particular section 15, which does not allow discrimination based on age. ... The following excerpts from the judgment of Hugessen, J. in Smith, Kline & French Laboratories Ltd. v. ... If paragraph 122.2(2)(a) is invalid it falls, and in the absence of legislative action to fill the void it cannot be said that the appellant is, within the meaning of subsection 122.2(1), ”... an individual who has an eligible child... ...

.: — The primary issue in these appeals from income tax assessments for 1986 and 1987 taxation years is whether the Minister of National Revenue (“Minister{H3}”) properly included the non-taxable portion of capital gains from purported dispositions by Holm Hallbauer (“appellant”) of interests in two properties in computing his adjusted taxable income for each of 1986 and 1987, as defined by paragraph 127.52(1)(d) of the Income Tax Act (“Act”), for the purpose of calculating his alternative minimum tax for each year: sections 127.5 and 127.51. [1] To determine the issue for 1986 I must decide if the transfers of interests by the appellant in a property situated in Edmonton, Alberta, referred to as the “Liberty Building”, were dispositions within the meaning of section 54 of the Act or if the transfers were merely security arrangements in respect of the appellant’s indebtedness to two creditors. ... The words in section 79, “... has acquired or reacquired the beneficial ownership of property”, whether capital property or inventory, “in consequence of the debtor’s failure to pay all or any part of an amount...” are significant, counsel said. ... Linden, J.A. considered the words “Where a person... receives a loan,... because or or as a consequence of … a... office or employment...” in subsection 80.4(1) of the Act in A.G. of Hoefele v. ...

.: — The appellant, Lorenz, appeals from an assessment of income tax with respect to the 1989 taxation year. ... Thill & Associates Inc., is prepared to arrange defence, pay legal fees and other costs in order to bring a test case to court on behalf of you and the rest of our clients”. ... She did not recall signing a promissory note and has no idea why she would have signed a document entitled Undertaking & Acknowledgement issued under subsection 123(3) of the Securities Regulation made pursuant to the Securities Act of British Columbia when she did not read any of the documents pertaining to her investment in Enjoy magazine other than the opening paragraph in each one and, perhaps, other “bits and pieces”. ...

.: — The appeal of Taran Furs (Montreal) Inc. was heard on October 17, 1995 in the City of Montreal, province of Quebec, and the issue is whether the Respondent was right in assessing the Appellant for non-resident tax and penalty with respect to the taxation years 1975, 1976 and 1977 and for non-resident tax with respect to the years 1980 and 1981 respectively. ... In assessing the Appellant for the 1975, 1976, 1977, 1980 and 1981 years, the Minister of National Revenue relied inter alia on the following assumptions of facts: (a) The Appellant carried on the business of manufacturing and selling furs in Canada; (b) In the course of this business carried on in Canada, the Appellant bought skins from non-resident suppliers, Finnish Fur Sales Ltd and Danish Fur Sales Ltd, who carried on their own business in Finland and Denmark respectively, and Hudson Bay Company in New York (USA), Nordic Fur Auctions in Stockholm (Sweden), Oslo Fur Auctions Ltd in Oslo (Norway) and Hudson Bay & Anning Ltd in London (England) who carried on their own business in the country mentioned in parenthesis; (c) Finnish Fur Sales Ltd and Danish Fur Sales Ltd had no permanent establishment in Canada during 1975, 1976, 1977, 1980 and 1981; (d) The Appellant did not carry on any business in a country other than Canada and the mere purchase of goods outside Canada does not amount to carrying on a business in a foreign country; (e) Payments of interest on late payments to the suppliers were provided in the contracts passed on by the Appellant with its non-resident suppliers; (f) During the 1975, 1976, 1977, 1980 and 1981 years, the Appellant paid or credited on late payments to its non- resident suppliers the amounts mentioned in the annex attached to this Reply, on account or in lieu of payment of, or in satisfaction of interest to its non-resident suppliers; (g) In computing these amounts so paid to its non-resident suppliers, the Appellant applied a rate of interest to its overdue payments which were outstanding after a certain length of time; (h) The interest paid by the Appellant represents interest derived from a source within Canada by the non-resident suppliers; (i) The Appellant failed to deduct or withhold tax from the amounts of interest paid to its non-resident suppliers; (j) The Appellant is liable to pay the following amounts of tax that should have been deducted or withheld: YEAR: TAX 1975: $29,913.27 1976: $20,100.72 1977: $7,120.96 1980: $ 5,844.00 1981: $2,172.00; (k) In consequence thereof, the Minister of National Revenue also assessed penalty provided by section 227(8) as follows: YEAR: TAX 1975: $2,991.32 1976: $2,010.17 1977: $712.10 At the hearing, the Appellant admits sub-paragraphs Sa) to 5c), 5e) to 5g), except for the meaning of interest and denies all the other subparagraphs. ... Smidth & Co. v. Greenwood, (1922) 8 T.C. 193 (House of Lords), cited in Cutlers Guild Ltd. above. ...

In Front & Simcoe Limited v. M.N.R., [1960] C.T.C. 123; 60 D.T.C. 1081, Cameron, J. said at page 132 (D.T.C. 1085): In Simon's Income Tax, Second Edition, Volume 1, page 50, the author, after referring to a number of decisions, states: The true principle, then is that the taxing Acts are to be applied in accordance with the legal rights of the parties to a transaction. ... They need not be repeated for the purposes of these reasons. 5 Presumably either deposit certificates or guaranteed investment certificates or perhaps both. 6 This indicates that affidavits were in use by the appellants at least as early as March 18, 1983. 7 This is taken verbatim from section 1 of the English Sale of Goods Act 1893, 56 & 57 Vict., c. 71. ...