Search - consideration

By amendments to the notice of appeal the appellant admitted that to the extent that it made ‘‘foreign exchange profits on notes payable” in 1952, such profits are of a revenue nature and are to be taken into consideration in computing its taxable income. ... That question, as I have suggested, is one of law, to be answered by a consideration of the Act and the relevant decisions of the Courts. ... After most careful consideration of the arguments of counsel and of the authorities cited in support of their submissions, I have come to the conclusion that the appeal on this point is not well founded and must be dismissed. ...

In the presence of such a well-established and well articulated overall reality, the court could not allow technical considerations to obscure the true nature of La Champenoise, namely that of a facility at which, for all practical purposes, all services are available to everyone. ... The first consideration should therefore be to determine the purpose of the legislation, whether as a whole or as expressed in a particular provision. ... One final aspect requires consideration. In Johns-Manville Canada, supra, this Court itself referred to a residual presumption in favour of the taxpayer, and were it not for certain qualifications that must be added, it would be difficult to justify maintaining this presumption in light of what was discussed earlier. ...

I therefore approach the question under consideration on the basis that here the relevant loss is really a loss of goodwill in the commercial sense and as described by Lord Macnaghten in Muller & Co.’s case. ... The Trial Judge found, on consideration of the whole statute, that it did not purport to take any property in any of the participating provinces from anyone, with or without compensation. ... Justice Urie at [1978] 1 F.C. 494 and read as follows: The first question for consideration is whether this restriction on the exercise of a pilot’s rights given by the grant of a licence amounted to a deprivation of property. ...

Only three factors could be said to enter into the consideration of whether the agreement was an “investment contract” as included in the definition of “security” under the Act, the fixing of the base price at which customers made their purchases, the gathering of the pool of money from the deposits under the agreements and the question of the solvency of the appellants. ... I see no more than three factors which can be said to enter into consideration of the question whether the commodity account agreement is an “investment contract” as that term is included in the definition of “security” under the Ontario Securities Act. ... While the statute under consideration here does not read word for word like its U.S. counterpart, the expression “investment contract” is found in both. ...

It is only after the most careful and respectful consideration of the earlier decision, and after giving due weight to all the circumstances, that a Justice may give effect to his own opinions in preference to an earlier decision of the Court. [27]                           The vertical convention of precedent is not at issue with respect to the decision as to whether the Supreme Court should overrule one of its own precedents. ... Bernard, [1988] 2 S.C.R. 833, at pp. 850-61; Chaulk, at p. 1353; Henry, at paras. 45-46.) [28]                           In this case, I am of the opinion that relevant considerations justify overruling Moldowan.  ... There is no requirement that the two sources of income must be connected in order to meet the combination test. [38]                           However, before going further, two considerations must be borne in mind.  ...

The problem before the Court is to be determined by a consideration of the applicable statutory enactments and I deal first with the taxation years 1947 and 1948. ... In my opinion the proper inference to be drawn from the evidence that was given in this matter is that the main purpose in buying the shares was to obtain merchandise for the appellant at virtual cost and that the question as to the profits that might be made in dealing with the independents was a secondary consideration. ... Somewhat different considerations apply to the appeal in respect of the year 1948 to which the provisions of the Income Tax Act apply. ...

(b) By agreement dated September 20, 1949, Innes agreed to withdraw his application for a permit in consideration for Peace River Natural Gas Co.’s undertaking that when the permit was issued, it would stand possessed in trust for Innes of an undivided one-tenth interest in the permit, in any leases issued pursuant to it, and in any petroleum or natural gas recovered therefrom, subject to the payment by Innes of one-tenth of the costs incurred by Peace River Natural Gas in exploring, developing and drilling on the land. ... On January 2, 1952, Yankee Princess Oils acquired from Atlantic Oil Company (which company later changed its name to Canadian Atlantic Oil Company) a farm out agreement wherein Yankee Prineess Oils agreed to drill on lands owned by Atlantic Oil Company at no cost to that company in consideration for acquiring a 50% interest in an oil lease held by Atlantic Oil Company. ... There is no suggestion that in any of the transactions under consideration he obtained for himself a personal profit at the expense of any of such companies, or that he had placed himself in a position where he should account for such profits as a trustee. ...

But there are broader considerations derived from the circumstances in which the statute was enacted which seem to supply a conclusive answer to the argument addressed to us by the respondents. ... There are some further considerations in support of our conclusion which it may be worth while to mention. ... More important than this is a consideration which has already been suggested, viz., that it is extremely difficult to discover any purpose or object which could be served by subjecting, in a so-called self-governing country like Canada, customs regulations of the ordinary type to a procedure such as that prescribed in s. 4 (1). ...

Other considerations arise when a limited company with power to increase its capital and possessing a fund of undivided profits, so deals with it that no part of it leaves the possession of the company, but the whole is applied in paying up new shares which are issued and allotted proportionately to the shareholders, who would have been entitled to receive the fund had it been, in fact, divided and paid away as dividend. ... From them the following considerations, among others, emerge. A joint stock company, having modern powers and, in the absence of special provisions, bound to the preservation in its capital asset structure of property representing its share capital, is in absolute control of the profits which its business produces. ...

Each of the latter was entitled both to the salary, as that term was used in the resolutions, and to the payment of his income tax as consideration for his services to the respondent. ... Different considerations apply in determining the position of Jacox who became the managing director in 1941 and those of the remaining four employees. ... Different considerations apply in the case of McAulay, Sutcliffe. Shaw and Roscoe. ...