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Provincial Treasurer of Alberta, 93 DTC 5254, in which Hutchinson J. declined to interpret the reasons of Estey, J. in Imperial General Properties, supra, as inviting the consideration of agreements other than constating documents, other than possibly as an indicium of de facto control. ...

However, counsel for Global was insistent that this Court deal with all of the issues raised, instead of remitting them back to the Tax Court for further consideration. ...

Arguably, this tradition is also a kind of consideration of proportionality although, to my knowledge, discussions of proportionality started much more recently than this tradition ...

By an indenture dated October 13, 1944, Louis Baker, Alexander Betcherman and Meyer Betcherman, sold to the appellant for the sum of $20,000 the farmlands and premises situated in the Township of Nepean comprising 619.3 acres, although the total consideration for the assets of land, buildings, equipment and goodwill owned by the three partners was $50,000, in return for the shares of the corporation which were held equally by the three principal shareholders, Louis Baker, Alexander Betcher- man and Meyer Betcherman. ...

Distinguishing this case from Phaneuf, there was no element of gift, personal bounty or of considerations extraneous to Mrs. ...

At page 1141 of the Taylor decision, Cameron J. states:   After giving the matter the most careful consideration, I have come to the conclusion that in every appeal, whether to the Tax Appeal Board or to this Court, regarding a re-assessment made after the statutory period of limitation has expired and which is based on fraud or misrepresentation, the burden of proof lies on the Minister to first establish to the satisfaction of the Court that the taxpayer (or person filing the return) has "made any misrepresentation or committed any fraud in filing the return or in supplying any information under this Act" unless the taxpayer in the pleadings or in his Notice of Appeal (or, if he be a respondent in this Court, in his reply to the Notice of Appeal) or at the hearing of the appeal has admitted such misrepresentation or fraud. ...

Indeed, the press release explains that:...because of conflicting tax laws on the issue of thin capitalization, competent authority action on this issue will no longer be given bilateral consideration. ...

For its part, the plaintiff contends that all of these transactions were genuine, legal, and enforceable; that they were all normal insurance contracts; that it matters not whether the companies involved are interrelated as, in law, they are separate entities; that it cannot be assumed that OI acted as an agent of the plaintiff because it was a separate corporation; that there is no “sham” involved here; and that this insurance program was entered into by the plaintiff primarily for business purposes without taxation being a significant consideration. ...

The Lands were purchased by the Corporation from Canada Mortgage and Housing for consideration of $130,000 which moneys were contributed to the Corporation by Her Majesty the Queen in Right of Canada as represented by the Regional Director General of the Manitoba region of the Indian and Inuit Affairs program on behalf of the Minister of Indian and Northern Development. 14. ...

The result is that the assessments referred to in the said Notices were not effectively made. [42]     I now turn to a consideration of the above quoted subsection 244(15). ...