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Quoting author Jean-Claude Royer, counsel for the appellants argued that it is left to the Court to assign probative value to assumptions of fact not established by law, and that the Court must take into consideration only those assumptions of fact that are serious, precise and in agreement. ...

  [27]     I turn now to a consideration of the issue of the appellant's employment – in 1999 – with Grewal/Dhaliwal. ...

Pour répondre à cette question, il faut toujours prendre en considération le degré de contrôle que l’employeur exerce sur les activités du travailleur. ...

I do not think that this consideration can weigh very heavily in the determination that must be made here. ...

and (C)       Does the differential treatment discriminate, by imposing a burden upon or withholding a benefit from the claimant in a manner which reflects the stereotypical application of presumed group or personal characteristics, or which otherwise has the effect of perpetuating or promoting the view that the individual is less capable or worthy of recognition or value as a human being or as a member of Canadian society, equally deserving of concern, respect, and consideration? ...

On the one hand, Linden J.A. wrote as follows in Friedberg, at page 2: Thus, a gift is a voluntary transfer of property owned by a donor to a donee, in return for which no benefit or consideration flows to the donor (see Heald J. in The Queen v. ...

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 consideration: (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 [Emphasis added]. ...

Counsel for the respondent asserted that the inference one may draw from this failure to act is that the fact that the debt was or was not paid was not a significant consideration in signing the consent to judgment or that the appellant was less concerned by the consent to judgment than by the possibility of benefiting from the Minister's error. ...

The respondent failed to discharge her burden respecting this part of the assessment. [77] However, different considerations apply to the other amounts subject to the penalty provided for in subsection 163(2) of the Act. ...

This appeared to be the paramount consideration of that Court. [40] In spite of the fact that this case was not appealed, this Court is not satisfied that it offers any consolation to the position taken by Counsel for the Appellant in the case at bar. [41] In the end result, the Court is satisfied that the assessment of the Minister was well founded. ...