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In rejecting such claim that there was no chance of success, Régimbald J stated (at paras. 28, 30, TaxInterpretations translation): [I]t is not clear, in light of sections 125.7(5), 152(3.4) and 164(1)(b), considered together and which are the subject of the application for judicial review, that the ITA does not allow the Minister to accept an amended prescribed form as requested by the plaintiff. … In the absence of a complete and convincing argument demonstrating that sections 152(3.4), 164(1)(b) and 125.7(5) of the ITA, considered together, defeat the interpretation proposed by Lemay based on the Minister having the discretion to accept the filing of an amended prescribed form, the defendant has therefore not discharged its burden of demonstrating that it is clear and obvious that the interpretation proposed by Lemay has no reasonable chance of acceptance …. ...

Furthermore, in TD Securities, the taxpayer was able to demonstrate that it was being treated differently from other fiscally transparent entities, which was considered by Boyle J to be an unreasonable result, whereas here, no unreasonable consequences had been established. ... Allen J stated (at para. 76): As to Boyle J.'s conclusion that TD LLC must be considered to be liable to tax by virtue of all of its income being fully and comprehensively taxed under the U.S. ...

The Queen, 79 DTC 5340, [1979] CTC 424 (FCTD)-- summary under Income Tax Conventions Summary Under Tax Topics- Treaties- Income Tax Conventions The court considered an admission of an officer of the Department of National Revenue, who was examined for discovery, that a change in the standard wording of a provision of the treaties negotiated by Canada did not represent a change in policy by the Government of Canada. ...

MNR, 92 DTC 1693, [1992] 1 CTC 2506 (TCC)-- summary under Paragraph 118(1)(b) Summary Under Tax Topics- Income Tax Act- Section 118- Subsection 118(1)- Paragraph 118(1)(b) Lamarre Proulx J. found that s. 118(1)(b)(ii) of the Act should be considered to be of no effect in light of s. 15 of the Charter and that it should be read as if clause D had not been enacted. ...

Executors of Karmel, [1984] BTC 330 (HC)-- summary under Land Summary Under Tax Topics- General Concepts- Fair Market Value- Land In determining the open market value of the assets of an estate, the assets must be considered as they were when the deceased died. ...

The Queen, 89 DTC 5528, [1990] 1 CTC 18 (FCTD)-- summary under Subsection 80.4(2) Summary Under Tax Topics- Income Tax Act- Section 80.4- Subsection 80.4(2) Appropriations made by the individual shareholder of a company could be considered to be a loan or debt incurred by the individual to the company, and therefore were subject to s. 80.4. ...

The Queen, 79 DTC 5426, [1979] CTC 483 (FCTD)-- summary under Evidence Summary Under Tax Topics- General Concepts- Evidence Since the financial statements of the company were approved by its directors, the fact that they did not capitalize operating losses from the holding of properties indicated that the company considered the holding of the properties as part of its business operations and not merely as an investment. ...

The Queen, 87 DTC 5215, [1987] 1 CTC 377 (FCA)-- summary under Evidence Summary Under Tax Topics- General Concepts- Evidence The statements in the CICA Handbook and an accounting text on the capital leasing rules were not matters for judicial notice and, absent consent, the trial judge ought not to have considered such materials since they were not introduced at trial. ...

MNR, 87 DTC 5216, [1987] 1 CTC 319 (FCA)-- summary under Charitable Organization Summary Under Tax Topics- Income Tax Act- Section 149.1- Subsection 149.1(1)- Charitable Organization Given the inadequacies of the record, it was unwise to express any concluded opinions on whether the advancement of multiculturalism generally or of the cultural interest of an individual ethnic component of the national mosaic was to be considered a charitable objective. ...

Rouleau, J. stated: "I have no difficulty with the proposition that income tax interpretation bulletins may be consulted... but these materials are not binding on Her Majesty and should be considered only as persuasive authority. ...