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It is notable that in so doing the Act requires that the decline be measured in respect of each revenue source under consideration not on a general or global basis. ...   [40]     The motion for disclosure by Quebec which was disallowed by Hugessen J. on December 21, 2000 requires further consideration. ... When we reflect for a moment, we find that to apply only these principles to the adjustment of the rights of independent provinces, or of an independent province and the Dominion, we find we are face to face with problems requiring other considerations and for which we have no precedent. ...

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. 16   This test has been carried one step further by Canadian courts into what has generally been referred to as the “secondary intention” test. ... First, the boundary between income and capital gains cannot easily be drawn and, as a consequence, consideration of various factors, including the taxpayer's intent at the time of acquiring the property at issue, becomes necessary for a proper determination. ... In Principles of Canadian Income Tax Law, supra, the learned authors, in discussing the applicable test in relation to the existence of a “secondary intention”, opine that “the secondary intention doctrine will not be satisfied unless the prospect of resale at a profit was an important consideration in the decision to acquire the property” (see page 337). ...

(c) For each Trade, consideration was given by each party to the other. ... Hodgins referred to that amount as a profit, [265] notwithstanding that the $240,000 fee had not been taken into consideration when calculating the $6,200. ... As observed below, they gave no thought to achieving a profit, once the $240,000 fee was taken into consideration. [149] The initial Trade suggested by Mr. ...

Whether a reasonable expectation of profit existed may be a factor that is taken into consideration in that analysis. [31] Brown v. ... Boles, it came out that the calculation of the so‑called profit did not take all relevant expenses into consideration. ... In conducting that analysis, whether a reasonable expectation of profit existed is a factor that may be taken into consideration. [205] (2) Intention [184] It seems that the Appellants’ intention with the Rental Properties was to make a profit. ...

On February 24, 401277 sold the helicopter logging business to VIH Logging for consideration consisting of the assumption of liabilities and the issuance of a promissory note. ...

  [22]          In this case, the principal consideration in support of granting the application and ordering a reference is that this Court might otherwise ultimately reach two inconsistent decisions. ...

On the other hand, it seems to me to have dealt with the particular question now under consideration: i.e., whether an entity that transacted the business of life insurance in a taxation year is to be regarded as a “life insurance corporation” for the purposes of section 30 of the Act notwithstanding that it transacted other-than-life insurance business in the same year. ...

[Page 267] The basis of issue estoppel as well as a cause of action estoppel has been variously explained; for example, that it is “founded on considerations of justice and good sense” (see New Brunswick Railway Co. v. ...

These were the considerations that dictated the frequency of his transactions in the extraordinary market conditions that prevailed in 2000, described during cross-examination as follows:   Q         In 1999 before your employment at Cell-Loc, you acquired some small numbers of shares that totalled 2100.   ...

Although it had given consideration to extending its business outside of Canada as early as 1973 it took no steps to do so until 1976. ...