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This requires the Court to take into consideration such things as the knowledge, experience and general business sophistication of the director and, I would have thought, the business circumstances under which the director was operating. ...

The Queen, [1984] C.T.C. 122; 84 D.T.C. 6119 at 128 (D.T.C. 6124) in which Chief Justice Thurlow referred to the Highway Sawmills Ltd. case stating:... there is the consideration that to permit the deductions as claimed tends to distort the computation of appellant's income for the years in question, a result which I do not think the language used should be presumed to intend and which should be avoided if the statute can be so interpreted. ...

the transferee and transferor are jointly and severally liable to pay under this Act an amount equal to the lesser of   (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and   … ...

the transferee and transferor are jointly and severally liable to pay under this Act an amount equal to the lesser of   (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and   … ...

., for the Court adopted a passage from the reasons of Reed J. in Halliburton in which she rejected the meaning based upon the common law distinction, opting instead for one based upon a literal construction of the word "sale", such that any transfer of property manufactured by a taxpayer to a customer for a consideration, regardless of the nature of the contract between them, would amount to a sale within the meaning of the legislation.          ...

The implication of this holding is that the issuance of a "danger to the public" opinion terminates the jurisdiction of the Appeal Division, at least in the circumstances there under consideration.      ...

Accounting evidence was given that the presentation used for the 1984- 1986 years was preferable since it gave more consideration to the substance of the transactions rather than the form in which they appeared from the dealer agreements and documents. ...

    (3) A party need not plead any fact if it is presumed by law to be true or as to which the burden of proof lies on the other party (e.g. consideration for a bill of exchange), unless the other party has specifically denied it in his pleading ...

However, one must not ascribe such an intention to Parliament simply because the tire valves and air chucks happen to be the goods under consideration, for there is nothing in evidence to indicate any such specific intention.      ...

Goulard                                            Commissioner                        (applicant's application record, tab 5, pp. 14 & 15)                        (respondent's application record, tab 1, pp. 6 & 7)               Before reciting and going into the proper interpretation of the relevant legislation, there is one provision invoked by the respondent which appears to be irrelevant, and therefore it can be eliminated from consideration, on the spot. ...