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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. ...

Counsel submitted that the issue was a purely legal issue, to which the consideration of evidence of the marketing practices of companies engaged in precious metals production and of generally accepted accounting principles was not relevant. ... There was no evidence of the specific consideration by the parent company of the estimated production from the mine though those estimates would have been known to the parent from regular inter-company reports. ... I make this finding after full consideration of the submissions advanced on behalf of the defendant that the transactions should not be so considered based on the fact that the transactions were carried out by the plaintiff's parent company, with no evidence before me of close consultation with the plaintiffs officers or employees. ...

As Mr Justice Rand stated in The Queen v Fitton, [1956] S.C.R. 958 at 962: The rule on the admission of confessions, which, following the English authorities, was restated in Boudreau v The King, at times presents difficulty of application because its terms tend to conceal underlying considerations material to a determination. ... Further, consideration of the issue of admissibility of statements must not be circumscribed by judicial precedent. ... In Horvath, supra, at 410, Mr Justice Spence cited with approval the following extract from R v Priestly (1966), 51 Cr App R 1, per Sachs, J: There I mentioned that I had not been referred to any authority on the meaning of the word "oppression” as used in the preamble to the Judges’ Rules, nor would I venture on such a definition, and far less try to compile a list of categories of oppression, but, to my mind, this word in the context of the principles under consideration imports something which tends to sap, and has sapped, that free will which must exist before a confession is voluntary... ...

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. ...

It does not involve retroactive planning. [2] [40] To quote Robertson J.A. in Nassau, supra, at pages 301-02, the taxpayer in the case at bar is not one who “ did not previously weigh the risks relating to making the designation or abstaining therefrom, nor does he now seek to avoid bearing the downside of a decision he made consciously after due consideration ”. [41] Are there any reasons in the instant case for not allowing the late filing of the designation provided for in subsection 104(13.1) of the Act? ... Under revised paragraph 53(2)(h), however, such amounts will reduce the adjusted cost base to the beneficiaries of their capital interest in the trust unless that interest was acquired for no consideration in a personal trust. ... Distributions of income in excess of the amount deducted by the trust will, however, reduce the adjusted cost base of the beneficiary’s capital interest in the trust unless the interest is in a personal trust (as newly defined in subsection 248(1)) and was acquired for no consideration. ...

Other pertinent provisions of that assignment of book assets document run as follows: (2) The undersigned agrees that the debts shall be held by the Bank as general and continuing collateral security for the fulfilment of all obligations, present or future, direct or indirect, absolute or contingent, matured or not, of the undersigned to the Bank,... whether arising from agreement or dealings between the Bank and the undersigned or from any agreement or dealings with any third person by which the Bank may be or become in any manner whatsoever a creditor of the undersigned or however otherwise arising.... (3) The undersigned expressly authorizes the Bank to collect, demand, sue for, enforce, recover and receive the debts and to give valid and binding receipts and discharges therefor and in respect thereof, the whole to the same extent and with the same effect as if the Bank were the absolute owner thereof and without regard to the state of accounts between the undersigned and the Bank. (5) All moneys received by the undersigned from the collection of the debts or any of them shall be received in trust for the Bank. (6) The Bank may sell either by public or private sale or otherwise dispose of any or all of the debts in such manner, upon such terms and conditions, for such consideration and at such time or times as the Bank may deem expedient and without notice to the undersigned and without any liability for any loss resulting therefrom. ... On either view of the case, the assignment of book debts gave to the bank priority over the trustee in bankruptcy, (pages 26 & 27) In the matter here under consideration, the plaintiff bank’s security interest was clearly “perfected” by registration on January 22, 1981, about one week prior to the issuance of the third party demand upon The Cadillac Fairview Corporation Ltd. ... If that were to be the effect of the law under consideration here, it would require a different expression of parliamentary intent in that regard, and the court should not purport to supply it by usurping Parliament’s role. ...

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. ...

 (1) Where a person has, on or after May 1, 1951, transferred property, either directly or indirectly, by means of a trust or by any other means whatever, to                       (a) the person’s spouse or common-law partner or a person who has since become the person’s spouse or common- law partner,                    (b) a person who was under 18 years of age, or                                     (c) a person with whom the person was not dealing at arm’s length,                    the following rules apply:                    (d) the transferee and transferor are jointly and severally liable to pay a part of the transferor’s tax under this Part for each taxation year equal to the amount by which the tax for the year is greater than it would have been if it were not for the operation of sections 74.1 to 75.1 of this Act and section 74 of the Income Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, in respect of any income from, or gain from the disposition of, the property so transferred or property substituted therefor, and                           (e) 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                             (ii) the total of all amounts each of which is an amount that the transferor is liable to pay under this Act in or in respect of the taxation year in which the property was transferred or any preceding taxation year,       but nothing in this subsection shall be deemed to limit the liability of the transferor under any other provision of this Act ... In short, subsection 160(1) protects the tax authorities against any vulnerability that may result from a transfer of property between non-arm’s length persons for a consideration that is less than fair market value regardless of the circumstances which give rise to the transfer ... The only issue to be resolved was whether the wife had given any consideration for the transfer (Yates at paragraphs 6 to 21) ...

That, in addition to consideration of the taxpayer's whole course of conduct while in possession of the asset, is what in the end generally influences the finding of the court.   ... The requirements of the secondary intention doctrine will not be satisfied unless the prospect of resale at a profit was an important consideration in the decision to acquire the property (par. 61) ... The respondent argued that this is a relevant consideration which points away from the purchases in issue having been made with the primary intention of securing income‑producing assets (Vaughan Construction Co. v. ...

CJ had argued that how the parties choose to describe themselves and their intention is not relevant for the Court’s consideration. ... Pletch Co. v Canada, 2005 TCC 400, 2006 DTC 2065, Hershfield J. found the parties’ intention to be a neutral factor without any bearing in the determination of the hypothetical question posed in the provision relating to the personal services business as “it is clear that the relationship targeted by the definition of ‘personal services business’ cannot simply be a matter of choice; …” The respondent argued that this anti-avoidance provision is designed to negate the parties’ choice. [39]         Several recent decisions from this Court have also held that intent is not a relevant consideration in determining if a corporation is a personal services business. [14] [40]         Having reflected on the decision in 1392644 Ontario Inc. (cob Connor Homes) v Canada (Minister of National Revenue – MNR), 2013 FCA 85, [2013] FCJ No. 327 (QL) (FCA) [Connor Homes], in reply submissions, CJ asserted that the intention of the parties, evidenced by the terms of the Agreement, is a relevant factor for consideration in the personal services business context. ...