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Apart from considerations of public policy there is, however a further reason for denying the deduction.    ... However, such a situation would likely be rare and requires no further consideration in the context of this case, especially given that Parliament itself may choose to delineate such fines and penalties, as it has with fines imposed by the Income Tax Act. ...

A lack of evidence is often a telling consideration in assessing the factual conclusion which should be drawn. ... This is a telling consideration. Even more telling is the fact that a Part III tax liability only applies to a corporate taxpayer, which this plaintiff is not. ...

In consideration for transferring these shares to the trust, Mr. Cartwright received 40,000 non-voting junior preference shares from Merbriheath. ... Despite these considerations, I find that the evidence supports a conclusion that the corporation, by making the cottages available for use by the appellant and his family, conferred benefits on the appellant. ...

We are here dealing only with direct evidence or evidence thereby obtained directly and I leave to another day any consideration of evidence thereby indirectly obtained. ... I may but conclude in these circumstances that the admission of the information to my consideration would bring the administration of justice into disrepute as in Therens and I must therefore exclude it under subsection 24(2) of the Charter. ...

It was contended that the consideration received by the appellant from Holdings was in the form of a payable, in the amount of $239,730, which was settled (or offset) through the declaration of a dividend. ... And at subsection 1580.46: Any assets, including cash, which are subject to particular restrictions would be valued with consideration given to those restrictions. ...

There was designated by the Appellant under subsection 194(4) of the Act in respect of the debt obligation the full $4,000,000 consideration for which the obligation was issued. ... The first consideration should therefore be to determine the purpose of the legislation, whether as a whole or as expressed in a particular provision. ...

The difference cannot be stated in precise and definite terms, but each case must be determined after all of the relevant factors are taken into consideration, but the foregoing indicates in a general way the essential difference. ... In successive years his residence there was in the regular routine of his life acting entirely upon his own choice, and when one takes into consideration these facts, particularly the purpose and object of his establishing that residence, the conclusion appears to be unavoidable that within the meaning of this statute he is one who is ordinarily resident at East Riverside, New Brunswick … [4]   [18]     In the present matter, the same cannot be said of the Victoria Flat. ...

In my opinion consideration must be given to the nature of the provision and whether it is substantive or procedural. ... At page 112 of the judgment he went on to say; A consideration of the transactions now under review leads me to the opinion that they were in no way characteristic of, nor did they possess, the ordinary features of the trade of share dealing. ...

Rand, J: “what the vendor did was to sell his property for the consideration, in addition to the shares, of a price plus interest; that interest is part of the capital cost to the Company”. ... I therefore refer the matter back to the Minister for consideration and reassessment, pursuant to section 177 of the Income Tax Act, and to look to exhibit 3, one of the agreed statement of facts, which outlines the calculations which were agreed to by the parties at the outset. 1 *Paragraph 18(1)(h) Personal or living expenses. — personal or living expenses of the taxpayer except travelling expenses (including the entire amount expended for meals and lodging) incurred by the taxpayer while away from home in the course of carrying on his business; ...

It strikes me that, in the context of subsection 17(1) of the Act as it read prior to the amendment effective January 1,1979, Parliament clearly implied that five per cent per annum was interest at a reasonable rate regarding loans preceding that date and this obtains even though it could be demonstrated that, for example, with respect to a loan made on October 15, 1973, five per cent per annum was not in reality a reasonable rate of interest if objectively regarded in light of considerations like rates of interest prevailing in domestic borrowing and lending markets on that date. ... The general rule is that statutes are not to be construed as having retrospective operation unless such a construction is expressly or by necessary implication required by the language of the Act. [2] In Craies on Statute Law, 7th (1971) ed. this is said at page 387: A statute is to be deemed to be retrospective, which takes away or impairs any vested right acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect to transactions or considerations already past. ...