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While the giving of such a release by the Crown may amount to valuable consideration, it is my Opinion that the Crown is not a purchaser of such debt, but the giving of the notice under subsection 224(1) is entirely a process of attachment. ... The latter relied entirely on a general assignment of book debts which is therein described as a purely equitable agreement given for valuable consideration and referred to a specific fund and operated as a fixed and specific security and not by way of a floating charge. ...

(“Mitchco”), a company which was wholly owned by his son. [4]               By agreement of the parties, the only question before me was whether the debt incurred by the Appellant was acquired “for the purpose of gaining or producing income from a business or property” as required by subparagraph 40(2)(g)(ii) of the Income Tax Act (the “ Act”). [5]               Subparagraph 40(2)(g)(ii) of the Act reads:   40(2) Limitations-- Notwithstanding subsection (1), (g) [various losses deemed nil]-- a taxpayer's loss, if any, from the disposition of a property, to the extent that it is … (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,   [6]               It is clear that to satisfy subparagraph 40(2)(g)(ii) of the Act, the Appellant must provide evidence that his purpose in signing the guarantee was to gain or produce income from a business or property [1]. ... The only other shareholder in SeaReach was the Appellant’s spouse. [46]          The Appellant acted in a reasonable manner and with consideration for his own commercial interest. ...

Finalement, de toute façon, le montant de la déduction pour amortissement réclamée par le demandeur, pour l'anée d'imposition 1980, a été calculé strictement en fonction de l’unité 29, sans considération du coût en capital ni des revenus du loyer des autres logements ou unités compris dans l'immeuble à logements multiples. Il eut été nécessaire pour le véritable copropriétaire d'un “immeuble à logements multiples au Canada” de cal- culer l'amortissement en fonction de sa part dans tout l'immeuble et aussi en considération du coût en capital et des revenus de loyer de l’ensemble des logements et des parties communes compris dans cet immeuble. ...

An interesting footnote or side bar, is that in 1965 the Department of National Revenue (DNR) forwarded a letter to the plaintiff (exhibit P7) in relation to the consideration regarding the association of the plaintiff with other companies. ... To borrow from the bank, the assets of all the corporations were taken into consideration by the bank. ...

Harris drew a distinction between prejudgment interest awarded in a judgment for a sum owing on a contract, on the one hand, and a case, such as the present, where the prejudgment interest is on an award of damages. [14]          The definition of interest most frequently referred to is found in the judgment of Rand J. in the Farm Security Act [11] case:                 Interest is, in general terms, the return or consideration or compensation for the use or retention by one person of a sum of money, belonging to, in a colloquial sense, or owed to, another. ... In Riches, the plaintiff contracted with Ridsdel to introduce him to a transaction whereby he could profit from a purchase and sale of shares, on consideration that Ridsdel would pay one-half of his profit to Riches. ...

Lindholm acquired all of the outstanding and issued shares of Happy Valley Farms Ltd. which owned 150 acres of Field Farm, for a consideration of $76,000. ... 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 fact that an investment or a business is motivated in part by tax considerations is not relevant in determining whether there is a business, nor is tax motivation in itself relevant in determining the deductibility of expenses if a business exists (Stubart Investments Limited v. ... There were no tax considerations in this investment. 8.              These expenses are certainly not personal or living expenses. 9.              ...

However, the parties requested that evidence pertaining to the 2002 taxation year be taken into consideration in the disposition of the appeals for 2001, 2003 and 2004 ... While there were certain gaps in the Appellant’s evidence it was generally credible; more will be said about specific portions of his testimony during the consideration of the factors set out below ...

On January 17, 1985 pursuant to subsection 194(4) of the Income Tax Act regarding scientific research tax credits, it designated amounts totalling $30 million, being the consideration received by it on the issuance of certain of its securities on that date. ... It reads as follows: 194(4) Every taxable Canadian corporation may, by filing a prescribed form with the Minister at any time on or before the last day of the month immediately following a month in which it issued a share or debt obligation or granted a right under a scientific research financing contract (other than a share or debt obligation issued or a right granted before October 1983, or a share in respect of which the corporation has, on or before that day, designated an amount under subsection 192(4) designate, for the purposes of this Part and Part I, an amount In respect of that share, debt obligation or right not exceeding the amount by which (a) the amount of the consideration for which it was issued or granted, as the case may be, exceeds (b) in the case of a share, the amount of any assistance (other than an amount included in computing the scientific research tax credit of a taxpayer in respect of that share) provided, or to be provided by a government, municipality or any other public authority in respect of, or for the acquisition of, that share. ...

TIME DURING CONSIDERATION OF QUESTION NOT COUNTED (5) The time between the day on which an aplication under this section is served on a taxpayer pursuant to subsection (2), and (a) in the case of a taxpayer named in an order of the Tax Review Board or the Federal Court—Trial Division, as the case may be, pursuant to subsection (3), the day on which the question is finally determined pursuant to paragraph (3)(a) or on which an order is made under paragraph (3)(b), or (b) in the case of any other taxpayer, the day on which he is served with notice that he has not been named in an order of the Board or the Court, as the case may be, pursuant to subsection (3), shall not be counted in the computation of (c) the 4-year period referred to in subsection 152(4), (d) the time for service of a notice of objection to an assessment under section 165, or (e) the time within which an appeal may be instituted under section 169 or subsection 172(2), for the purpose of making an assessment of the tax payable by the taxpayer, serving a notice of objection thereto or instituting an appeal therefrom, as the case may be. ... That its application may be inconvenient to one of the taxpayers, whether the taxpayer already before the court, or the other taxpayer is not a principal consideration which should be taken into account, provided both taxpayers and the Minister all have a full and complete opportunity to participate in the pleadings, by pleadings of their own, to answer each other’s pleadings, and participate in the examinations for discovery so that their respective contentions can be fully and completely presented, before the Court is called upon to decide the question. ...