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In finding that Coréalis nonetheless had satisfied the Class-29 requirement for a “sale,” Lachapelle JCQ first referred with approval to the example provided by Joyal J in Ateliers Ferroviaires at para. 69 of a manufacturer using materials with a negligible value who nonetheless could be considered to be selling the manufactured product and to his conclusion (at para. 77) that “work or the service referred to in the third paragraph of article 2103 does not include a manufacturer's work to create property that it supplies to its customer. ...

CRA considered that the above agreement had the effect of constituting the Rémillard Brothers as de facto trustees of the trust, contrary to the trust deed (which accorded discretion only on the titular trustees) and Art. 1275, so that the determinations to make the distributions pursuant to such unlawful agreement were a nullity, with the result that the distribution amounts were not “payable” as required by s. 104(6). ...

In finding that the vendors, and Abacus and NH Properties, were not dealing with each other at arm’s length, Boyle J stated (at paras. 155, 161): Given the agreement for Abacus to pay a premium to the co-owners to purchase the co-owners’ interests … the steps and the amounts in the series of transactions cannot be considered to reflect ordinary commercial dealings. … Harvard Properties, Abacus and NH Properties clearly acted together to dictate [the] Newcos’ actions from their inception and throughout the closing of this series of transactions. ...

It follows that excluding an instrument from the ambit of the word debt simply because the amount which can ultimately be claimed will only be known when the term expires would effectively mean that Parliament has spoken in vain in providing for a “debt […] that may reasonably be considered to derive its value […] from portfolio investments”. ...

CRA considered that such reduction occurred, so that virtually none of Stock Dividend 2 came out of SIOH of the taxpayer respecting its shares of Newco 3 (see 6). ...

. … [W]e are of the opinion that the uncertainties in the present case are so material that the payment made when PAYG credits are purchased cannot be considered a prepayment towards the cost of any particular search. … … The supply is the viewing and downloading of documents, but it cannot be known at the time when the payment is made how many credits will actually be used and how many will remain unredeemed. ...

The difficulty in this regard was that (subject to the further difficulty that Sandini was not the trustee of the Ellison family trust) Sandini held a total of 35M shares of MIN, so that it might be considered that even after the order it had the right to decide which out of that larger pool was the block of 2.1M shares to be transferred to Ms Ellison (or, as it turned out, to Wavefront). ...

She failed to justify her interpretation of s. 3(2) (a) in light of the constraints imposed by s. 3 considered as a whole, by international treaties that inform its purpose, by the jurisprudence on the interpretation of s. 3(2) (a), and by the potential consequences of her interpretation. ...

. … Considered as a whole, the history of this investigation directly harms the integrity of the justice system and irreparably compromised the community’s sense of fair play and decency. ...