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We understand that, to the best of your knowledge and that of the Corporation and the Subsidiary, none of the issues involved in the ruling request is: (i) in an earlier return of the Corporation, the Subsidiary, or a related person; (ii) being considered by a tax services office or tax centre in connection with a previously filed tax return of the Corporation, the Subsidiary, or a related person; (iii) under objection by the Corporation, the Subsidiary, or a related person; (iv) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; nor (v) the subject of a ruling previously issued by the Directorate, other than as described in 9 below. ...

To the best of your knowledge, and that of the taxpayers involved, none of the issues contained herein is: (i) dealt with in an earlier return of the taxpayers or a related person; (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of one or any of the taxpayers or a related person; (iii) under objection by one or any of the taxpayers or a related person; (iv) subject to a ruling previously issued by the Income Tax Rulings Directorate; (v) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (vi) including, but not limited to the Unit Loans described in paragraph 17 below, the Canco #2/Lender #1 Loan described in paragraph 40 below, the Liquidity Rights described in paragraph 55 below, XXXXXXXXXX, dealt with in any documents or any agreements (either verbal or written), other than the documents and agreements in respect of which the relevant terms have been provided to the Income Tax Rulings Directorate and have not been significantly amended and that will be submitted within 30 days of their execution to the Income Tax Rulings Directorate. ...

We understand that to the best of your knowledge and that of the taxpayers involved none of the issues involved in the requested rulings is being considered by a tax services office or a taxation centre in connection with a tax return already filed, or is under objection or appeal. ...

However, it is clear, I think, that ordinary buildings and an asphalt pavement like the improvements here in question are normally considered to be fixtures. ...

We understand that, to the best of your knowledge and that of the Taxpayer, none of the proposed transactions and/or issues involved in this ruling are the same as, or substantially similar to, transactions and/or issues that are: (a) in a previously filed tax return of the Taxpayer or a related person; (b) being considered by the CRA in connection with a previously filed tax return of the Taxpayer or a person related to the Taxpayer; (c) under objection by the Taxpayer or a person related to the Taxpayer; (d) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired; and (e) the subject of an advance income tax ruling previously issued by the Income Tax Rulings Directorate of the CRA in connection with the Taxpayer or a person related to the Taxpayer. ...

To the best of your knowledge and that of the above-referenced taxpayer, none of the issues raised in the Rulings Request is: (i) in an earlier income tax return of the above-referenced taxpayer or a person related to that taxpayer; (ii) being considered by a tax services office or a taxation centre in connection with a previously filed tax return of the above-referenced taxpayer or a person related to that taxpayer; (iii) under objection by the above-referenced taxpayer or a person related to that taxpayer; (iv) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired; or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... Subject to the limitations and other restrictions found in section 110.1, provided that an official receipt containing prescribed information is filed as required by subsection 110.1(2), and further provided that the conditions in subsection 248(30) are met, the transfer of the Donated Shares by Holdco 3 to the Foundation will be considered a gift for purposes of paragraph 110.1(1)(a) and the eligible amount of the gift under subsection 248(31) will be the FMV of the Donated Shares at the time the gift is made less the amount of the advantage, if any, in respect of the gift as defined in subsection 248(32). ...

To the best of your knowledge, and that of the taxpayer involved, none of the issues involved in this ruling request is: (i) in a return of the taxpayer or a related person; (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person; (iii) under objection by the taxpayer or a related person; (iv) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired; or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate of the CRA. ... "Facilitator" means XXXXXXXXXX and incorporator SpinCo as described in Paragraph 55; "fair market value" means the highest price available in an open and unrestricted market between informed prudent parties acting at arm's length and under no compulsion to act, expressed in terms of cash; "foreign affiliate" has the meaning assigned by subsection 95(1); XXXXXXXXXX; XXXXXXXXXX; "In the Money Amount" means, in relation to a particular stock option in respect of which the fair market value of the shares that are the subject of the option exceeds the exercise price of the option, the amount of such excess; XXXXXXXXXX; XXXXXXXXXX; XXXXXXXXXX; "New DC Common Shares" means the new common shares in the capital of DC described in Paragraph 71; "non-resident" has the meaning assigned by subsection 248(1); "Operations" means all of the activities of the DC Group; "owner" or other word importing the owner or holder of property includes a partnership that owns property and a trust that owns property; "paid-up capital" has the meaning assigned by subsection 89(1); "Paragraph" means a numbered paragraph in this letter; "Participant" means a DC Shareholder, other than a Dissenting Shareholder or in the case of the FA1 Scheme of Arrangement, a FA1 Shareholder, other than a Dissenting Shareholder; "Partnership A" means XXXXXXXXXX, a general partnership formed under the XXXXXXXXXX; "permitted exchange" has the meaning assigned by subsection 55(1); "Plan of Arrangement" means the proposed plan of arrangement under the XXXXXXXXXX to effect the divisive reorganization as described in Paragraphs 65 through and including Paragraph 85; "preferred share" has the meaning assigned by subsection 248(1); "principal amount" has the meaning assigned by subsection 248(1); "Prior Transactions" means transactions, actions and events that the DC Group has undertaken and that are set out in Paragraphs 32 through and including Paragraph 47; "proceeds of disposition" has the meaning assigned by section 54; "Project A" means the XXXXXXXXXX project described in Paragraph 46; "Project B" means the XXXXXXXXXX project described in Paragraph 46; "Proposed Transactions" means those transactions and events described in Paragraphs 59 to 93; "public corporation" has the meaning assigned by subsection 89(1); "Regulations" means the Income Tax Regulations, C.R.C. 1978, c. 945, as amended; "related person" means, in relation to a particular person, another person who is related to the particular person by subsection 251(2), as modified for the purposes of section 55 by paragraph 55(5)(e); "ROC" means the reduction by SubCo2 of its Stated Capital by an amount equal to $XXXXXXXXXX and the distribution of property in respect thereof described in Paragraph 60; "series of transactions or events" has the meaning assigned by subsection 248(10); "Significant Influence" has the meaning assigned by Section 3050 of the Canadian Institute of Chartered Accountants Handbook and, for the purposes of the Ruling Request, a corporation will be considered to have significant influence over another corporation if it has significant influence over that corporation or over any other corporation that has significant influence over that corporation. ...

We understand that, to the best of your knowledge and that of the Taxpayers, none of the proposed transactions and/or issues involved in this ruling are the same as, or substantially similar to, transactions and/or issues that are: (a) in a previously filed tax return of the Taxpayers or a related person; (b) being considered by the CRA in connection with a previously filed tax return of the Taxpayers or a person related to the Taxpayers; (c) under objection by the Taxpayers or a person related to the Taxpayers; (d) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired; and (e) the subject of an advance income tax ruling previously considered by the Income Tax Rulings Directorate in connection with the Taxpayers or a person related to the Taxpayers. ...

We understand that to the best of your knowledge and that of the taxpayers involved, none of the issues involved in this ruling is: (i) involved in an earlier return of the taxpayers or a related person, (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayers or a related person, (iii) under objection by the taxpayers or a related person, (iv) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired, or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ...

To the best of your knowledge and that of the above-referenced taxpayer, none of the issues involved in this ruling is: a) dealt with in an earlier tax return of the above-referenced taxpayer, or a related person, b) being considered by a Tax Services Office or Taxation Centre in connection with a previously filed tax return of the above-referenced taxpayer or a related person, c) under objection or appeal by the above-referenced taxpayer, or a related person, d) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired, or e) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ...