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In any event, it is not surprising that a unit in a good state of repair is able to command a higher rent than would a unit that requires many repairs [28]. [50] In conclusion, the nature and purpose of the work, when considered in the light of the foregoing factors, persuade me that the expenses here under consideration were current and not capital in nature. ...

A literal or legalistic interpretation must be avoided when the basic object of the treaty might be defeated or frustrated insofar as the particular item under consideration is concerned. ...

Esteves was paid a consideration of $10 to make up the real labourer’s wage. ...

., [1985] 2 C.T.C. 2054, 85 D.T.C. 419, a number of propositions are enumerated which are applicable to ascertaining relevant intentions in relation to “trading cases” of the kind under consideration. ...

Consequently, I would ask the parties to submit for my consideration a draft formal judgment concerning the corporation's assessment for the year 1984. ...

The evidence is to the effect that the intermediate prerequisites for the shopping centre took too much time to fall into place, which allowed for the construction of other shopping centres. 4.03.3(10) There are considerations concerning important points, but the crucial point is this: is there sufficient substantial evidence confirming the oral testimony of the appellants as to their original intention to build a shopping centre? ...

To deal with these issues, I believe requires a consideration of sections 7, 11 and 15 of the Charter. ...

Lemons, thus triggering the doctrine of issue estoppel, so as to preclude the Respondent from arguing that the Trades were shams. [25] [26] The Appellant also takes the position that the Respondent’s use in the Second Amended Reply of the words purported and purportedly, when describing the Trades, the contracts to purchase and sell foreign currencies and the actions of entering into those contracts, is similarly precluded, as the Respondent has acknowledged the existence of the Trades and thus is precluded from arguing that the Trades did not occur or that the Trades were non-existent. (2) Judicial Admission [27] To constitute a judicial admission, a statement “must be a deliberate concession made by one party for the benefit of the other.” [26] Not only must the statement be deliberate, but it must be clear. [27] [28] In Continental Bank Leasing, Justice Bowman (as he then was) stated: It would do no credit to our system of justice in Canada if the Courts were restricted in their consideration of the merits of a case by an ill-considered admission that is inconsistent with another position that is being advanced…. [28] In quoting the above comment by Justice Bowman, I am not implying that the statements made by counsel for the Respondent in the written submissions put before Justice Favreau constituted an admission that the Trades were not a sham, nor do I consider those statements to have been ill-considered. ...

Verner et al (1963), 374 U.S. 398 at p. 416, has a peculiar value in relation to the matter now under consideration. ...

In consideration for the payment of the damage awards the Taxpayer relinquished the right to pursue any future claims against Ford for their wrongful conduct. 13. ...