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Simply put the Crown’s position is that an organization cannot be considered to be organized and operated exclusively for a purpose other than profit if the establishment or operations of the entity are related to the commercial or business activity of its members or of others. ... The Crown argues however that virtually all of the reported cases to date have considered situations where the purpose for which the organization was established and operated had some public benefit component and the activities in question were carried on to fund the social, community or public benefit purpose of the organization. ...

At the option of QCM, QCM may elect on ten (10) days’ prior written notice given by it to USS, that interest due on any one or more of these dates shall be added to the principal amount borrowed hereunder, in which event such interest shall not be due and payable on said date but rather shall be thereafter considered part of the unpaid principal amount borrowed hereunder. 3.01.3 On June 15, 1978 the appellant was informed by its creditor US Steel that these three loan agreements had been transferred to US Steel Overseas Capital Corporation, a company affiliated with the appellant, non-resident in Canada and resident in the United States; these transfers did not alter the appellant’s obligations in any way (Exhibit A-1(4)). 3.01.4 On April 1, 1980 the three loan or credit agreements were amended to specify inter alia, a new interest rate of 6 per cent and a new schedule of annual repayments over five years, from October 1, 1986 to October 1, 1990 (Exhibit A-1(5), (6) and (7)). ... In the single-entry accounting system, the business is not considered to be a separate entity from its owner, which is the basis of the double-entry accounting system. ...

Applicable law [54]         Subsection 125(7) of the Act provides that in cases where, but for the existence of the corporation, the incorporated employee would reasonably be regarded as an officer or employee of the corporation to which the services are provided, as opposed to a self-employed worker, the corporation must be considered a “personal services business” (PSB). ... Indicia of supervision Powers of supervision and control [71]         In view of the evidence before me, it seems clear to me that the degree of control exercised by EBI over the appellants was significant and leads me to find that, but for the existence of the corporations, the garbage collectors would have been considered to be employees of EBI. ...

These two issues were not challenged by Revenue Canada, either because they preceded the moratorium on quick-flip transactions, or because they were considered to fall within the grandfathering provision. ... Hubley of Thornbrook to finalize the details of the issue for this project, which, as seen earlier, was considered by Revenue Canada as having been substantially advanced or completed by October 10, 1984. ...

Because it is short, I will set out all of Exhibit 16: RE:        Election to be Taxed as a Non-Resident-Owned Investment Corporation (Section 133 of the Income Tax Act) Please be advised that based on a review of the documentation submitted in support of the above election, the election is considered to be valid. ... Butalia was involved in negotiations with Revenue Canada on behalf of another client; and Revenue Canada was taking the position (i) that the provision of even one loan by the NRO would be considered as the business of making loans; and (ii) that the loan-making corporation would be denied NRO status. ...

., Arbatax International Inc. and MFC Bancorp Ltd. are to be considered one and the same. 1 1. ... The meaning of “arm’s length” within the Act is a questions of law.’ [7] In RMM Canadian, Bowman J. considered the expression arm’s length and quoted Bonner J. in McNichol v. ...

A few months later, in November of 1989, the Crown considered the notices of objection and confirmed the reassessments. ... That is not based on any evidence in the record, but rather on an admission made by counsel for the Crown at trial when the admissibility of the bank documents was being considered. ...

Then, where such work indicated the presence of rock types which indicated the probability of economic mineralization, and if it was considered geologically favourable for ore body, that area was examined in detail. ... To be considered also is Darke’s evidence at the trial which I consider supports his claim to be classified as a trader in shares of capital stock. ...

  [63]            The Respondent argues that the Director considered several factors. ... I have considered each of the Applicant’s arguments, and the Respondent’s counter-arguments. ...

Miller J. provided a most useful overview of the criteria that should be considered in assessing credibility:   [23] In assessing credibility I can consider inconsistencies or weaknesses in the evidence of witnesses, including internal inconsistencies (that is, whether the testimony changed while on the stand or from that given at discovery), prior inconsistent statements, and external inconsistencies (that is, whether the evidence of the witness is inconsistent with independent evidence which has been accepted by me). ... The funds received by the Appellant from her husband are already considered in the net worth as his bank accounts were listed as an asset. ...