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FCA

Hammill v. Canada, 2005 DTC 5397, 2005 FCA 252

This finding, which the appellant has not confronted, precludes the existence of a business under the Act, regardless of any other consideration. ...
SCC

Bronfman Trust v. The Queen, [1987] 1 S.C.R. 32, 87 DTC 5059, [1987] 1 CTC 117

In the present case the borrowed money was originally used to make capital allocations to the beneficiary for which the Trust received no property or consideration of any kind. ...
TCC

Dunblane Estates Ltd. v. MNR, 89 DTC 137, [1989] 1 CTC 2248 (TCC)

For consideration in this case are the following matters: (1) The genesis and obligation to pay sick leave entitlements arose out of a union contract which had formally expired by 1982 but which had been continued according to practice and perhaps under the terms of the expired one, which was not in evidence. ...
FCTD

Mott v. The Queen, 88 DTC 6359, [1988] 2 CTC 127 (FCTD)

Undoubtedly, the plaintiff's devotion to his orchard, his physical work on the farm and his intentions and projections regarding it are considerations that must be taken into account. ...
FCA

Thompson v. Canada (National Revenue), 2013 DTC 5146 [at at 6296], 2013 FCA 197, rev'd 2016 SCC 21

In his view, this definition applies only to matters arising under section 232 of the Act (entitled solicitor-client privilege) and not to a consideration of whether a compliance order should issue under section 231.7 of the Act ...
FCTD

Doig v. Canada, 2011 DTC5064 [at at 5725], 2011 FC 371

Doig until March 13, 1978, when he transferred title to it to Helen Teahen for $2.00 and other consideration.  ...
TCC

Hamel v. The Queen, 2012 DTC 1004 [at at 2518], 2011 TCC 357

Before: The Honourable Justice Alain Tardif   Appearances:   Counsel for the appellant: André Lareau     Counsel for the respondent: Marielle Thériault____________________________________________________________________   JUDGMENT   The appeal from the assessment made pursuant to the Income Tax Act for the 2007 taxation year is allowed with costs and the assessment is referred back to the Minister of National Revenue for reconsideration and reassessment; it will be taken into consideration that the appellant ceased being a resident of Canada on January 13, 2007, in accordance with the attached Reasons for Judgment.   ...
FCA

Canada (Attorney General) v. Abraham, 2012 DTC 5160 [at at 7402], 2012 FCA 266, rev'g 2011 DTC 5140 [at 6126], 2011 FC 638

  (4)        The administrative decisions   [15]            The respondents’ request was considered through two levels of consideration. ...
FCA

The Queen v. Gulf Canada Resources Ltd., 96 DTC 6065, [1996] 2 CTC 55 (FCA)

I turn now to a consideration of subsection 1204(3). Counsel for Gulf suggests that the subsection applies to Syncrude. ...
TCC

741290 Ontario Inc. v. The Queen, 2011 DTC 1089 [at at 489], 2011 TCC 91, aff'd 2012 DTC 5025 [at 6665], 2011 FCA 361

Courts are ill-suited and should be reluctant to second-guess the application of business expertise to the considerations that are involved in corporate decision making, but they are capable, on the facts of any case, of determining whether an appropriate degree of prudence and diligence was brought to bear in reaching what is claimed to be a reasonable business decision at the time it was made.                                           ...

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