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In taxation year 1987 a small business corporation was defined by subsection 248(1) of the Act as: "small business corporation" at any particular time means a particular corporation that is a Canadian-controlled private corporation all or substantially all of the assets of which were at that time (a) used in an active business carried on primarily in Canada by the particular corporation or by a corporation related to it, (b) shares of the capital stock of one or more small business corporation that were at that time connected with the particular corporation (within the meaning of subsection 186(4) on the assumption that such small business corporation was at that time a "payer corporation" within the meaning of that subsection) or a bond, debenture, bill, note, mortgage, hypothec or similar obligation issued by such a connected corporation, or (c) assets described in paragraphs (a) and (b), and, for the purposes of paragraph 39(1)(c), includes a corporation that was at any time in the 12 months preceding that time a small business corporation;" (emphasis added) The term "active business" was defined by subsection 248(1) as: "Active business”, in relation to any business carried on by a taxpayer resident in Canada, means any business carried on by the taxpayer other than a specified investment business ora personal services business;" [emphasis added] While consideration of "personal services business” is not germane to the issue before me, both counsel in their submissions referred to a specified investment business". ... I begin my consideration by first referring to the presumption in favour of the characterization of the income of a corporate taxpayer as income from a business. ... Apart from these provisions, I know of no special considerations to be taken into account from a legal point of view in deciding whether an activity or situation constitutes the carrying on of a business for the purposes of Part I of the Income Tax Act. ...

The Ontario proceedings had various alternative conclusions, apparently partly based on the contention that there was breach of the agreement by Jean Cairns to leave the residue of the estate to her sister Margaret Cairns Cox as she had allegedly promised to do in consideration of Osborn C. ... Where the courts below found that personal services were rendered to the deceased by the pltf in performance of an oral contract between them, whereby the deceased agreed to will certain lands to the pltf in consideration of the services, and that these services were part performance referable to some contract between the pltf and the deceased, it was held in the Supreme Court of Canada, reversing the courts below, that there was no part performance referable inequivo- cally to a contract concerning the land in question and that, accordingly, the contract was unenforceable upon the death of the deceased intestate. ... That decision can be distinguished of course since in the present case there was an apparent request by Jean Cairns and her mother that she be looked after which Osborn and Margaret Cox agreed to: Reference might also be made to No. 3249 which reads as follows: Where the pltf performed personal services for the deceased pursuant to an oral contract between them whereby the deceased agreed to will to the pltf certain lands in consideration for the services, and upon the deceased dying intestate, the contract was unenforceable for want of a memorandum to satisfy the Statute of Frauds, it was held that the pltf was entitled to recover quantum meruit for the services on the ground, not of an implied promise to pay, but of an implied obligation to pay, arising from the need to remedy unjust enrichment. ...

On August 30 of that year, she received a referral from the collections section of the Department requesting that consideration be given to the bringing of a prosecution against Antony Pica, Frank Pica, and the several corporations which they controlled, for breaches of paragraph 239(1)(a) of the Income Tax Act, (filing false returns), and paragraph 239(1)(d) of the Income Tax Act (evading payment of taxes). ... The affidavit under consideration in this case contains some of the same errors in form that were referred to by Morden, J.A. ... Secondly, policy considerations are involved. The decisions all express concern with the chaos threatened by interruptions of the trial process. ...

In consideration of his services, Mr. Prévost would receive from Mr. Gingras the sum of $100,000 when he remitted to him the shares purchased from the bankruptcy. ... Prévost was not to receive any additional consideration for his administrative work during that period. ... It was of no importance to him whether that sum of $210,000 was paid in consideration of shares or otherwise. ...

Respondent calculated the capital cost allowance in respect of those assets, but the amounts received from the third parties were not taken into consideration in determining their capital cost. ... Appellant divided the eight transactions under consideration into two categories: (1) instances in which the respondent made expenditure on its own account and (2) cases in which respondent made the expenditure for the account of a third party who ultimately paid for it. ... Therefore, in the five cases under consideration, the “capital cost to” the respondent, or the expenditure incurred by it, is, according to the appellant, the amount of the respondent’s outlay less the contribution of the third party. ...

For the purposes of this Part, where a public sector body makes   (a)     a supply of a service, or   (b)     a supply by way of licence of the use of a copyright, trade-mark, trade-name or other similar property of the body,   to a person who is the sponsor of an activity of the body for use by the person exclusively in publicizing the person’s business, the supply by the body of the service or the use of the property shall be deemed not to be a supply, except where it may reasonably be regarded that the consideration for the supply is primarily for a service of advertising by means of radio or television or in a newspaper, magazine or other publication published periodically or for a prescribed service ...    (1)     Subject to this Part, every recipient of a taxable supply made in Canada shall pay to Her Majesty in right of Canada tax in respect of the supply calculated at the rate of 5% on the value of the consideration for the supply ...   (2)     Subject to this Part, every recipient of a taxable supply made in a participating province shall pay to Her Majesty in right of Canada, in addition to the tax imposed by subsection (1), tax in respect of the supply calculated at the tax rate for that province on the value of the consideration for the supply ...

To characterize this purchased goodwill, a consideration of some of the legal principles concerning the same, is helpful. ... No doubt one who pays for so tenuous an advantage takes a risk but there is nothing uncommon about professional men acquiring the undertakings of established practitioners with whatever goodwill can be retained in the transfer and I know of no reason why if they see fit, as appears to have occurred in this case, they cannot in such a transaction agree upon a consideration for such goodwill. ... (Goodwill is sometimes recorded in the accounts as the difference between the book value of capital employed and the value indicated by the purchase consideration. ...

       [30] At the last paragraph of the first page it's stated: "That as an incidental consideration was the possibility to deduct the tax losses and the investment tax credit. ... Again, according to the Shorter Oxford English Dictionary [7], the word can mean: to put forward for consideration; to put before the mind; to state, propound; to set before one's mind as something to be expected; to put forward for acceptance; to put before one's own mind as something that one is going to do; to design, purpose, intend. [41]     The words "déclarations" and "annonces" appear to indicate a communication to the public. ... Prendre en consideration, avoir en vue... Penser (à). Prévoir, imaginer comme possible. ...

Consequently, this determination must be made on consideration of the following: 1. the terms of the agreement between the parties and 2. the factual circumstances surrounding the making and execution of that agreement. ... Yet another consideration is the issue of title to the property. Incidents of title include possession, use, and risk of loss and should be considered in determining whether a transaction bears the character of a lease or sale. ... In addition, consideration must be given to whether or not “benefits and risks" of ownership have been transferred from one party to another. ...

Gains made on the sales were slight if any after taking into consideration alterations and improvements which he had made, real estate agents’ commissions and legal fees. ... Defendant’s counsel argues that it is the intention at the time of the actual purchase of the property and not the intention at the time of the conditional offer to purchase which must be taken into consideration. ... It is what he did that must be considered and his declaration that he did not intend to make a profit may be overborne by other considerations of a business or trading nature motivating the transaction. ...