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In this respect, La Forest, J. stated that: "... one must guard against ascribing an overly broad purpose to ss. 87 and 89. ... " LaForest, J. concluded that: "... Indians, when engaging in the cut and thrust of business dealings in the commercial mainstream are under no illusions that they can expect to compete from a position of privilege with respect to their fellow Canadians. ...

If Shares rank at the XXXXXXXXXX percentile (i.e. compared to all corporations in the XXXXXXXXXX), the Eligible Employee will be paid an amount equal to XXXXXXXXXX % of the target cash award set by the Committee in respect of that Performance Period. At the XXXXXXXXXX percentile rank, the Eligible Employee will be paid an amount equal to XXXXXXXXXX % of the target cash award set by the Committee and at or above the XXXXXXXXXX percentile rank, the Eligible Employee will be paid an amount (i.e. the maximum) equal to XXXXXXXXXX% of the target cash award set by the Committee in respect of that Performance Period. ...

As a result of the USCo acquisition, Canco acquired an additional indirect XXXXXXXXXX % interest in the JV. ... In addition to the XXXXXXXXXX % JV interest, FA1 owns XXXXXXXXXX. XXXXXXXXXX. ...

Subject to paragraph 28 below, on the Maturity Date of the PSUs that are described in paragraphs 16 and 22 above, the Corporation will pay to a Plan Participant an amount (hereafter referred to as the "Amount Payable") equal to the following equation: Amount Payable = Number of mature PSUs X Closing Price X Performance Multiplier X Pro Ration Factor Where: "Closing Price" equals the Market Value of a Share at the Maturity Date; "Performance Multiplier" equals the number not less than zero (0) and not greater than 2, determined in accordance with paragraph 29 below and subject to paragraph 28 below; and "Pro Ration Factor" equals 1, unless determined to be a number less than 1 pursuant to paragraph 28 below. 25. ... (c) Between XXXXXXXXXX, the Performance Multiplier will be calculated in accordance with the following equation: Performance Multiplier = [XXXXXXXXXX x Peer Ranking]- 1 However, if; (i) the calculation yields a result less than XXXXXXXXXX the Performance Multiplier will be deemed to be zero (0) and all rights with respect to any mature PSUs credited to the PSU Account of the Plan Participant will be terminated and the Plan Participant will receive no payment of any kind with respect thereto; and (ii) the calculation yields a result that is greater than XXXXXXXXXX, the Performance Multiplier will be deemed to be XXXXXXXXXX. 30. ...

Before it was dissolved as described in paragraph 15 below, Cansub#2 owned a XXXXXXXXXX % interest in the partnership and Cansub#3, a subsidiary wholly-owned corporation of Cansub#2, owned a XXXXXXXXXX% interest. 7. ... On XXXXXXXXXX, Cansub#3 declared and paid a dividend in kind to Cansub#2 consisting of its undivided XXXXXXXXXX % interest in the Cansub#1 Class C Preferred shares. 17. ...

As part of the development process that has occurred in the vicinity of the Land, adjacent third party land owners (the "Third Party Owners"), who are unrelated to each of Farmco1 and Farmco2 and each such corporation's shareholders, commenced the process of creation of a NASP affecting their own lands, and in that process, the Third Party Owners included approximately XXXXXXXXXX % of the Land in the NASP. ... As consideration for the transfer of the Land to DeveloperCo, PurchaseCo will receive the $XXXXXXXXXX as follows: cash on closing of $XXXXXXXXXX and a vendor take-back mortgage in the amount of $XXXXXXXXXX, plus interest at a rate of prime plus XXXXXXXXXX %. ...

However, if the Participating Employer determines for whatever reason at any time to pay the Participant a Lump Sum Payment, then effective as at the Lump Sum Payment Date the Participant will be entitled to: (i) XXXXXXXXXX % of a pro rata number of the Regular Units recorded in the Participant's Record as at the Lump Sum Payment Date; plus (ii) XXXXXXXXXX % of a pro rata number of the Performance Units recorded in the Participant's Record as at the Lump Sum Payment Date, based on the portion of the Entitlement Period that has been completed as at the Lump Sum Payment Date and all other Units recorded in the Participant's Record will be forfeited as at the Lump Sum Payment Date. ...

" means XXXXXXXXXX (which holds approximately XXXXXXXXXX % of the shares of X Co.), "X Co. ... XXXXXXX XXXXXX XXXXXX XXXXXX Headframe & Hoist XXXXXXX XXXXXX XXXXXX XXXXXX Underground Excavation XXXXXXX XXXXXX XXXXXX XXXXXX Exploration Drilling XXXXXXX XXXXXX XXXXXX XXXXXX Metallurgical Test Work XXXXXXX XXXXXX XXXXXX XXXXXX Surface Infrastructure XXXXXXX XXXXXX XXXXXX XXXXXX Environment management XXXXXXX XXXXXX XXXXXX XXXXXX Freight XXXXXXX XXXXXX XXXXXX XXXXXX Indirect Costs XXXXXXX XXXXXX XXXXXX XXXXXX TOTAL XXXXXXX XXXXXX XXXXXX XXXXXX There is a possibility that the proposed shaft and drifts will be used for production purposes, if and when, X Co. brings the property into production. ...

The principal terms and mechanics of the Offering will be as follows: (a) Subject to the limitations described in 26(b), Participants will be given an opportunity to subscribe for Shares through the Fund at a price per share (the "Subscription Price") equal to the price determined by the Parent's board of directors (the "Reference Price") less a discount of XXXXXXXXXX %. ... These rulings are given subject to the limitations and qualifications set forth in Canada Customs & Revenue Agency (the "Agency") Information Circular 70-6R3 dated December 30, 1996, and are binding upon the Agency provided the Offering is implemented by XXXXXXXXXX. ...

As agreed with Brian Ellis (Ellis / Wong, July 30, 2002), we do not discuss in this reply the potential avoidance issues relating to these transactions undertaken in 2000, since these issues have been referred to Tax Avoidance. ... Based on an informal discussion with the Department of Finance (Hall / Wong, July 25, 2002), this interpretation is consistent with Finance's intention that subsection 17(1) apply retroactively to any year during which the amount in question was outstanding, provided that the amount ultimately remains outstanding for more than 12 months. 3 This intention is also evidenced in the following excerpt from the Technical Notes to the 1998 Amendments: "Subject to the exceptions in new subsections (7), (8) and (9), new subsection 17(1) will apply to all amounts owing by a non-resident person to a corporation resident in Canada where at any time an amount owing has been outstanding for more than a year, or an amount owing at any time ultimately remains outstanding for more than a year, and a reasonable amount of interest has not been included in computing the corporation's income in respect of the amount owing for the portion of the corporation's taxation year during which the amount owing was outstanding. ...