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If its non-taxable income is not taken into consideration, the Company cannot be said to have used its machinery or equipment prior to April 1, 1973 for “the purpose of earning income”. ... On the other side of the coin, if the Company’s non-taxable income is taken into consideration, while it would qualify under subsection 106(1), the inclusion of this income in the computation under subsection 106(5) would not produce a “‘net loss” entitling the Company to a deduction under subsection 106(4). ...

(b) The Disposition I think I can start this consideration by quoting my brother Morden in the recent case of R. v. ... A number of recent cases concerning the application of section 15 of the Charter, which did not come into effect until April 17, 1985, are pertinent to this consideration. ... To give effect to the respondents' contentions on this point would indicate that these people would be better off if, somehow or other, the completion of their cases could have been delayed until April 17, 1985... 1 think that this consideration bears squarely on the fairness of the application of the traditional rules to the retrospectivity issue in these cases. ...

Consideration of subsection 239(1) of the Income Tax Act The relevant portions of subsection 239(1) are as follows: Every person who has (a) made, or participated in, assented to or acquiesced in the making of, false or deceptive statements in a return, certificate, statement or answer filed or made as required by or under this Act or a regulation, (d) wilfully, in any manner, evaded or attempted to evade, compliance with this Act or payment of taxes imposed by this Act, or is guilty of an offence and, in addition to any penalty otherwise provided, is liable on summary conviction to (f) a fine of not less than 25% and not more than double the amount of the tax that was sought to be evaded, or (g) both the fine described in paragraph (f) and imprisonment for a term not exceeding 2 years. ...

SALMON LIMITED for valuable consideration HEREBY ASSIGNS AND TRANSFERS to the Bank of Montreal, herein called the Bank, all debts, claims, demands and choses in action, including without limiting the generality of the foregoing all book debts, now due or hereafter to become due, together with all judgments and other securities for the said debts, claims, demands and choses in action and all other rights and benefits in respect thereof which now are or may hereafter become vested in the undersignd. ...

The chairman stated that the directors had given consideration to the recent amendments in the Income Tax Act and felt that the company should elect to proceed under Section 95(a) of that Act to pay a 15% tax on the undistributed income of the company on hand at April 30, 1949, and also on an amount equal to the dividends paid by the company during its taxation year, which ended April 30, 1950. ...

The financial statement of the company for the period ending June 30, 1979, showed 815 common shares issued for a cash consideration of $815 and notes payable to shareholders of $814,185. ... Involved in this approach there is the consideration that a law may be discriminatory if it treats some persons unduly prejudicially. ... The existence of such a justification must be assessed in relation to the aim and effects of the measure under consideration, regard being had to the principles which normally prevail in democratic societies. ...

However, accepting this, I do not see how it can be “established” before the judge that there are reasonable and probable grounds for the Minister’s belief unless the evidence on oath furnishes some facts as to the nature of the seized documents and their connection with the violation in question—rather than insulating such facts from the judge’s consideration under statements as to the depondent’s opinion. ... By reason of the particular disposition which I propose with respect to Usarco’s ancilliary application for an order directing the return to it of all documents seized I do not think that I need pursue my consideration of this defence further than to say that the matter of delay is relevant to the exercise of our discretion to order the return of the documents, and that, as a defence to the application, I would not be prepared to interfere with the exercise of Linden, J’s discretion on this issue. ...

Having dealt with the correctness of the decision of Steele, J. in applying rule 39.02(1) to the application before him, the next and most pressing consideration before the Court is what action to take with respect to that decision. ...

In May 1992, the bankrupt and his wife executed the following acknowledgment for the CIBC: Dear Sir: In consideration of your Bank granting loans to Ronald and Jane Whaling, we h undersigned do jointly and severally represent and agree that: (1) I, Ronald J. ...

Violation of Appellants’ Subsection 11(a) Charter rights While I consider the attack on the constitutional validity of sections 548 and 549 to be without merit, the possibility of a specific violation of the appellants' rights under subsection 11(a) of the Charter warrants careful consideration on the facts of this particular case. 11. ...