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Ltd (the "Company") was incorporated under the laws of the Province of British Columbia on June 1, 1993, and has a fiscal year-end of May 31st; b)             the Company operated as a land developer and was involved in residential construction, carrying on business as JanKar; c)              at all material times, the Company was owned equally by Toews and Eric Speijer ("Speijer"); d)             on December 31, 1994, Speijer transferred his 50% share in the Company to Toews and resigned as a director of the Company; e)              a handwritten buy-out agreement was drawn up for the sale of the share and the assumption of the debit balance in Speijer's shareholder's loan account; f)              the buy-out agreement was between Toews and Speijer, and the Company was not a party to the agreement; g)             the intent of the parties was to transfer ownership from Speijer to Toews, in that Speijer would relinquish his interest in the Company, would give up his authority as principal of the Company, and would not be entitled to any further funds from the Company; h)             the agreement was solely for the purchase of Speijer's interest in the Company, and payments for services or expenses were not mentioned in the agreement; i)               the total consideration under the agreement was set at $100,000.00, and all of the installment payments scheduled under the agreement were allocated by the parties to the cost of shares; j)               the payments made under the agreement were capital transactions, and did not represent current expenses; k)              the payments formed part of a transaction which transferred capital property from Speijer to Toews; l)               during the period May 31, 1994 to May 31, 1996, the Company recorded amounts owing from the shareholders (debit balances in the shareholder's loan account), which were later written-off to zero against the income statement; m)             the amounts do not represent expenses for services rendered or materials provided by the shareholders, as no invoices were issued for services or materials relating to these amounts; n)             the amount of $86,281.00 represents the shareholder's loan account of Eric Speijer, and the amount of $4803.00 represents the shareholder's loan account of Vic Toews; o)             the amount of $20,942.00 relates to a May 12, 1995 payment made to the Bank of Nova Scotia by Vic Toews and Co. ... Speijer as separate consideration. [5]            Shortly after that Mr. ... -(JAN-KAR)-TERMS AND CONDITIONS                 In consideration of the total sum of $100,000.00 Eric Speijer will relinquish all interest in 448059 B.C. ...

  [18]    The appellant contended that he had advanced amounts of money to the corporation in the form of legal services and that the time invested by him constituted an expense and thus a debt for the corporation, which had agreed to assign to the appellant, through Yves Bérard, a portion of its profits in consideration of services rendered. ... Moreover, even though the appellant rendered legal services and received no remuneration as consideration, this does not mean that there was a transfer of funds from the appellant's assets to those of the corporation. ... According to the agreement contemplated (Exhibit A‑1, tab 6), Yves Bérard and the appellant did not waive their professional fees but agreed to receive a 25 percent share in the corporation's profits in consideration for services rendered. ...

The fact that an investment or a business is motivated in part by tax considerations is not relevant in determining whether there is a business, nor is tax motivation in itself relevant in determining the deductibility of expenses if a business exists (Stubart Investments Limited v. ...                 [6]            This leads to a further consideration — that of reasonableness. ... In applying this factor, external influences such as economic conditions, changes in the public mood, etc., which may affect the sale of artistic or literary works will be taken into consideration, and (l)             the nature of the literary works undertaken by a writer. ...

(ii)         a loss from the disposition of a debt or other right to receive an amount, unless the debt or right, as the case may be, was acquired by the taxpayer for the purpose of gaining or producing income from a business or property... or as consideration for the disposition of capital property to a person with whom the taxpayer was dealing at arm's length,... 50(1)     For the purposes of this subdivision, where (a)         a debt owing to a taxpayer at the end of a taxation year (other than a debt owing to the taxpayer in respect of the disposition of personal-use property) is established by the taxpayer to have become a bad debt in the year, or (b)         a share (other than a share received by a taxpayer as consideration in respect of the disposition of personal-use property) of the capital stock of a corporation is owned by the taxpayer at the end of a taxation year and (i)          the corporation has during the year become a bankrupt (within the meaning of subsection 128(3)), (ii)         the corporation is a corporation referred to in section 6 of the Winding-up Act that is insolvent (within the meaning of that Act) and in respect of which a winding-up order under that Act has been made in the year, or (iii)        at the end of the year, (A)        the corporation is insolvent, (B)        neither the corporation nor a corporation controlled by it carries on business, (C)        the fair market value of the share is nil, and (D)        it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business and the taxpayer elects in the taxpayer's return of income for the year to have this subsection apply in respect of the debt or the share, as the case may be, the taxpayer shall be deemed to have disposed of the debt or the share, as the case may be, at the end of the year for proceeds equal to nil and to have reacquired it immediately after the end of the year at a cost equal to nil. ... In view of all the relevant facts, including certain legal and tax considerations, was it reasonable to expect on April 30, 1994, that Salvage would be dissolved or wound up and would not recommence business? ...

("Kashmir Manor") including all furniture and fixtures, in consideration for the payment by the Defendant Siddoo of the sum of $95,500, and the Defendant Siddoo shall be responsible for property purchase tax payable in respect of the transfer of Kashmir Manor to him. The Defendant Siddoo shall not be obliged, in any event, to pay more than $95,000 to the said Plaintiffs in consideration of the transfer of such shares and Kashmir Manor as hereinbefore provided. ... Siddoo acquired the Shares and the Interest in the Kashmir Manor or alternatively, the right to acquire them, from the Plaintiffs and then disposed of them for no consideration to his Grandsons, so that he realized capital gains of $520,500 in total, calculated as follows: Fair market value of shares in Holdings $66,000 Portion of $95,500 allocated to shares 10,232 Capital Gain $55,768 Fair market value of Interest in Kashmir Manor $550,000 Portion of $95,500 allocated to Interest in Kashmir Manor 85,268 Capital Gain $464,732 [3]      The litigation within the Appellant's family is at the heart of this appeal because the transfers of property upon the settlement of that litigation are the cause of the assessment which is under appeal. ...

At page 5216 Cattanach J. said: It is not a question of the Minister or this Court substituting its judgment for what is a reasonable amount to pay, but rather a case of the Minister or the Court coming to the conclusion that no reasonable business man would have contracted to pay such an amount having only the business consideration of the appellant in mind. I do not think that in making the arrangement he did with his brother Robert that Jules would be restricted to the consideration of the service of Robert to the appellant in his first three months of employment being strictly commensurate with the pay he would receive. I do think that Jules was entitled to have other considerations present in his mind at the time of Robert's engagement such as future benefits to the appellant which he obviously did. 53         It has in my view been overwhelmingly established that the bonus paid to Mr. ...

I do not share the Respondent's view that the consideration of these factors would lead to a Pyrrhic victory only. ... Ahmad did not lose his employment for three of the years under consideration. ... It is necessary to delve somewhat deeper into the true nature of the pre-judgment interest in the case before me. [28]          The starting point for the determination of the nature of an interest payment is the oft-cited definition of the Supreme Court of Canada in Re The Validity of Section 6 of the Farm Security Act, 1944 of the Province of Saskatchewan: [10]                 Interest is, in general terms, the return or consideration or compensation for the use or retention by one person of a sum of money, belonging to, in a colloquial sense, or owed to, another....                 ...

However, it differs somewhat from a consideration of the possible application of issue estoppel in that the consideration is focused on preserving the integrity of the adjudicative process more so than on the status, motive or rights of the parties ... I think that “strong reason to the contrary” does not mean a strong argumentative reason appealing to the particular Judge, but something that may indicate that the prior decision was given without consideration of a statute or some authority that ought to have been followed. ...

The possible savings in time and expense from having to pursue hundreds, if not thousands, of other cases to trial is,  indeed, significant and worthy of consideration of costs in excess of what this one taxpayer might otherwise be entitled to, notwithstanding the other taxpayers individually would likely qualify to be heard in the informal procedure.   ... This is not therefore a factor in my costs’ consideration.   (viii)   Denial or neglect or refusal of any party to admit anything that should have been admitted   [18]          The Appellant maintains the Respondent unreasonably relied on the result of the earlier informal procedure case of Khaira v. ... I simply add some consideration of HST into the mix and conclude that total costs of $325,000 are in order ...

This eventually resulted in an agreement in or about January 1995 whereby the protestors agreed to vacate CRA’s premises; CRA agreed to hear further representations from Obonsawin on the application of the administrative guidelines to NLS workers; and both would take all available steps to expedite consideration by the courts of challenges to the guidelines (the “Test Case Agreement”).   ... These factors should then be analyzed to determine what weight they should be given in identifying the location of the property, in light of three considerations: (1) the purpose of the exemption under the Indian Act; (2) the type of property in question; and (3) the nature of the taxation of that property. ...   [19]          This approach requires a consideration of the relevant facts and circumstances ...