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In consideration of that payment, the legal action was discontinued and the appellant was given outright releases by the four plaintiffs, GHD, Ritz, Penny and Sikorsky. ... (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 (other than exempt income) or as consideration for the disposition of capital property to a person with whom the taxpayer was dealing at arm's length, (iii)... or (iv)... is nil; According to the evidence, the $295,000 loan to GHD was without interest. ... After January, 1982, No. 109416 had purchased the island, Whale Cay, at a cost of $975,000 (U.S.) or approximately $1,100,000 (Canadian funds); all of the proceeds of sale went to the appellant as holder of the Carstairs mortgage because such proceeds were less than the aggregate amounts owing on the mortgage; the appellant held a non-interest bearing promissory note for approximately $1,100,000 from No. 109416 as consideration for the purchase of Whale Cay; the Carstairs mortgage was extinguished by the sale of Whale Cay under the power of sale provisions of the mortgage; and GHD was insolvent with no assets following the sale of Whale Cay. ...

[admitted by the appellant]; (d) the total consideration for the contract with “ Michaud, Gagnée & Vallée Inc. was $150,000, which was allocated in the contract as follows: Goodwill $80,000 Customer list and files 70,000 TOTAL $150,000 [admitted by the appellant]; (e) on December 17, 1981, the appellant acquired the entire insurance portfolio of "Heppel & Bouchard Inc.”, insurance brokers, operating an insurance business in Drummondville [admitted by the appellant]; (f) the total consideration for the contract with “ Heppel & Bouchard Inc.” was $161,000, which was allocated in the contract as follows: Goodwill $30,000 Customer list and files 131,000 TOTAL $161,000 [admitted by the appellant]; (g) during the final twelve months before these transactions, the approximate sales figure done by the businesses sold were as follows: MICHAUD, GAGNÉ, VALLÉE Sales figure $115,000 No. of customers 1,500 Type General insurance; HEPPEL 8: BOUCHARD Sales figure $310,000 No. of customers 3,600 Type General insurance [not admitted by the appellant]; (h) the total price of $150,000 for the “ Michaud, Gagné & Vallée Inc.” transaction was paid or is to be paid as follows: (i) $80,000 was paid in cash on July 30 or August 1,1981 and was allocated by the appellant to goodwill acquisition; (ii) the balance of $70,000 was paid or will be paid by equal instalments of $14,000 per year [admitted by the appellant]; (i) the total price of $161,000 under the ~ Heppet & Bouchard Inc.” transaction was or will be paid as follows: (i) a cash payment of $88,000 on or about December 17, 1981, $30,000 of which was allocated to goodwill acquisition and the balance, $58,000, was deducted by the appellant as running expenses; (ii) the balance of $73,000 was payable in four equal instalments of $18,250 [admitted by the appellant]; (j) the appellant also paid $14,000 to” Michaud, Gagné & Vallée Inc.” in 1982 and in 1983, and $18,250 to “ Heppel 8: Bouchard Inc.” in 1982 and 1983 [admitted by the appellant]; (k) the contracts made both with “ Michaud, Gagné & Vallée Inc.” and with "Heppel & Bouchard Inc.” contained the following clauses, inter alia: (i) the appellant acquired the exclusive right to solicit renewals of each of the insurance policies and the exclusive right to issue riders to existing policies; (ii) the appellant acquired the right to use all means it deemed necessary to make the public aware of the transaction [this is a clause in the contract]; (iii) the appellant acquired the right to send a letter written by it to all the vendors' insurance companies to advise them of the transaction [this is a clause in the contract]; (iv) the appellant acquired the right to require that the vendors send a letter written by it to all the vendors' clients to inform them of the transaction [this is a clause in the contract]; (v) the transfer and use of the current telephone number of the vendor to the appellant [not admitted by the appellant]; (l) the various clauses, briefly described in the preceding subparagraph in items (i) to (v), constitute a form of covenant not to compete provided in the contract [not admitted by the appellant]; (m) moreover, in the case of the" Heppel & Bouchard Inc. ‘’contract, two of the largest insurance companies were parties to the sale [admitted but not relevant, according to the appellant]; (n) more specifically in the contract with “Michaud, Gagné & Vallée Inc. ... As a prefatory remark it may be useful to recall the general consideration that the contrast between the two forms of expenditure corresponds to the distinction between the acquisition of the means of production and the use of them; between establishing or extending a business organization and carrying on the business; between the implements employed in [sic] work and the regular performance of the work in which they are employed; between an enterprise itself and the sustained effort of those engaged in it. ...

There could well be other perspectives on the directors' conduct, in Fancy, supra, but I am prepared to give serious consideration to the fact that the Chief Judge allowed only the one month, which was all that was at issue. ... It normally did gain the appellants an additional 15 days to make up the funds necessary to send in the deductions each month, but that is all, and to the extent relying on Fancy, supra, I have indicated some consideration could be accorded. ... Although the success of the appellants was limited, the efforts expended to bring the matter forward warrants consideration with respect to costs. ...

And we put the ski proposition on hold, on the shelf, for consideration way down the road, in the future. ... Moore consideration was being given to better access to the area and: Verbal assurances from the Highways Minister and Lands and Forests Minister... were made to me personally and to other officials involved in this development. ... It was, however, public knowledge that for some 30 years intensive lobbying had failed to move the government very far in the direction of providing the type of access which was absolutely required before consideration could be given to development in the area. ...

IT Bulletin 357R, also makes note of the fact that the "convention expenses" are dealt with differently under subsection 20(10) of the Act, and that certain other considerations should be taken into account. ... These points were relied on substantially by the agent for these appellants — but as will be noted later, consideration must also be given to subsequent jurisprudence. ... Summary There has been no evidence or argument provided in these appeals which would warrant allowing the amounts claimed as representing the costs of a business categorized as the “chief source of income” of the appellants, when the facts are cast against the decisions arising out of consideration of the issues dealt with in Connell, supra, McClure, supra, and Speck, supra. ...

In consideration of the settlement, the plaintiffs, including Mr. Richardson, signed a Release extending to all matters raised in the action. 7. ... It is my submission that the Union contract is irrelevant to that consideration. ... Moreover, taking into consideration the decisions of the Supreme Court of Canada (par. 4.03.2) which say that there is no contract of employment separate and apart from the collective agreement, I consider that the appeal must be allowed. 5. ...

Maintainable earnings are then capitalized using an appropriate capitalization rate which is intended to provide an investor with a reasonable rate of return taking into consideration estimated future earnings and the degree of risk inherent with the investment. ... An overall planning review intimates that a zone change to residential would likely receive favourable consideration. The general conclusion is that the subject land would receive favourable consideration as a residential or low density multiple unit site. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... Although the categories of capital and income expenditure are distinct and easily ascertainable in obvious cases that lie far from the boundary, the line of distinction is often hard to draw in border line cases; and conflicting considerations may produce a situation where the answer turns on questions of emphasis and degree. ... They merely crystallise particular factors which may incline the scale in a particular case after a balance of all the considerations has been taken. ...

Moreover, since it is admitted that the amount determined under clause (B) would have been less than that determined under clause (A), that amount would be the one that should be taken into consideration in the instant case. ... While acknowledging that the purpose of this reduction was to provide an interim adjustment to the mechanisms for integration of corporate tax and personal tax, primarily because of the reduction in the latter tax under the 1987 tax reform, counsel argued that consideration must also be given to another aspect of this reform, that is the increase under the transitional rules set forth in section 38 of the Act of the taxable portion of the capital gain as of January 1, 1988. ... Minister of National Revenue), 83 D.T.C. 5074, in which it was held that the taxable income of a “Canadian-controlled private corporation” for the years in which it was not such a corporation and could not thus be entitled to the small business deduction provided for in section 125 of the Act had to be brought into consideration for the purposes of computing the “cumulative deduction account” of that Canadian-controlled private corporation. ...

Any analysis of this question must be based upon a recognition of a number of considerations, as follows: (a) it is entirely within the jurisdiction of the Supreme Court of Ontario to make such an order under section 137 of The Courts of Justice Act: (b) the Minister of National Revenue, and persons acting under his authority, are not parties to the action in the Ontario Court; (c) the officer who obtained the documents and the information contained therein was freely given access to them by the officials in the Ontario Court; (d) the Minister of National Revenue has a statutory obligation to assess tax in accordance with the facts and the law; (e) this court has an obligation to hear appeals from such assessments and to determine their correctness in accordance with the facts and the law; (f) it is not in the interests of justice that relevant information be kept from the court, unless there are compelling reasons for doing so; and (g) we are concerned here with a balancing of interests. ... That is a more difficult question and it involves a consideration of the nature of an appeal from an assessment. ... There may well be public policy considerations in preventing a newspaper from publishing material obtained by purchase from one who had an obligation to keep it confidential. ...