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While the collection measures contemplated by the Agency inconvenience and adversely affect the respondents, the tax authority also risks being left empty-handed if these measures are suspended. [69] Other than arguing that they will face irreparable harm if the Minister is not enjoined from pursuing collections, Iristel has not advanced other concrete considerations to be assessed at this stage of the analysis. ...

(i) during 1987 the Appellant signed simultaneously the following: 1) a document entitled “License Agreement” with the Appellant shown as “Licensee” and Applied shown as “Licensor”; 2) a document entitled “Operating Agreement” with Procyon; 3) a document entitled “Promissory Note” with Capella; 4) a document entitled “Assignment” with Capella; (j) the document entitled “License Agreement” purported to create the following rights and obligations:- the Appellant was granted the right and licence to publish, distribute and market a publication referred to as Enjoy Magazine within two specified territories for a period of one year in consideration of which the Appellant was to pay Applied Research $1,000 per unit as a “license fee”, and $30,000 per unit as an “Advance Royalty”;- the licence was renewable by the Appellant on an annual basis on payment of a $100 per unit fee;- the Appellant was to pay to Applied a royalty of 25 cents per copy of Enjoy Magazine distributed within the territory;- the $30,000 per unit payment described as an Advance Royalty was in respect of the royalty due on the first 120,000 copies of Enjoy Magazine distributed by the Appellant within each territory, and the Appellant had no claim for a refund of any of the Advance Royalty; (k) the document entitled “Operating Agreement” purported to create the following rights and obligations:- the Appellant appointed Procyon, for a term of six years, as his exclusive, authorized and independent representative to publish,distribute and market Enjoy Magazine in the territory licensed by the Appellant;- Procyon agreed to pay the Appellant a royalty of 30 cents per copy of Enjoy Magazine distributed within the territory;- Procyon was to deposit a performance bond of $50,000 with Capella; (l) the Appellant signed a document entitled “Promissory Note” to Capella for an alleged loan of $52,000.00 to fund the payment of the Advance Royalty, and as collateral for the note he assigned to Capella his claim against the performance bond and 50% of the royalties due from Procyon until the loan was repaid... ...

Yet, this consideration is not extended to gifted children. In her opinion, the majority of gifted children cannot cope in an average school environment. ...

Second, it appears, from its opening words “notwithstanding subsection (1)” (which gives an unqualified right to object to an assessment (subject only to considerations of res Judicata)) to be intended to operate as a restriction on, or derogation from, subsection 165(1). ...

Further, there was no consideration of the “in kind” payments to Raymond Sr. through the use of Mr. ...

The Court noted that “a decision to recommend or not to recommend remission is very different from a judicial decision, since it involves a considerable amount of discretion and requires the consideration of multiple factors. ...

I cannot permit the action to continue based only on abstract considerations of fairness. ...

Opinions more closely connected with the * particular statute under consideration were voiced by Lord Tomlin who said at p. 463: “Further in my view the perception of rents as landowner is not an operation of trade within the meaning of the Act.’’ and by Lord Macmillan who said at p. 467: “Landowning, however profitable, is not a trade within the meaning of the income tax code.” ...

[Emphasis added.] [65] It would be contrary to the scheme of the Act that a taxpayer be required to add to his or her income, when computing the Canadian tax, the foreign income for a particular taxation year under section 3 and that the tax payable to Canada on the taxable income be computed taking into account this same foreign income but that the foreign tax credit take into consideration the foreign tax paid outside of Canada on income from a different taxation year, income that would not have been included in computing the Canadian taxable income for the particular taxation year. [66] This is what is the appellant is attempting in this appeal: for the 2018 taxation year, Mr. ...

The Tax Convention is one such agreement as it provides, through Article 25, for a tax information exchange mechanism with a foreign country, Switzerland. [24] It is trite that “[c]ontrary to an ordinary taxing statute a tax treaty or convention must be given a liberal interpretation with a view to implementing the true intentions of the parties ”, meaning that a “literal or legalistic interpretation must be avoided when the basic object of the treaty might be defeated or frustrated in so far as the particular item under consideration is concerned” (Crown Forest Industries Ltd. v. ...