Search - considered

The factors that the courts have most frequently considered include: — what kind of evidence was obtained? ...

The relevant provisions of the Income Tax Act are set out below: 118.3(1) Where (a) an individual has a severe and prolonged mental or physical impairment that has been certified as such in prescribed form by a medical doctor or, where the impairment is an impairment of sight, by a medical doctor or an optometrist, (b) the individual has filed for a taxation year with the Minister the certificate described in paragraph (a), and (c) no amount in respect of remuneration for an attendant, or care in a nursing home, by reason of the mental or physical impairment of the individual is included in calculating a deduction under subsection 118.2(1) for the year by the individual or by any other person, for the purposes of computing the tax payable under this Part by the individual for the year, there may be deducted an amount determined by the formula..... 118.4(1) For the purposes of sections 63, 118.2 and 118.3, (a) a person shall be considered to have a severe and prolonged impairment only if by reason thereof he is markedly restricted in his activities of daily living and the impairment has lasted or can reasonably be expected to last for a continuous period of at least 12 months; and.... ...

Immediately thereafter, Donlee then redeemed the shares held by Holdings at the price of $69.05 a share for a total considered to the appellant of $2,620,201. 6. ...

The payments purportedly made to it by Canron after that date in the amount of $301,501.87 were considered by the Department to have been made directly to Mr. ...

Start-up costs are considered over an extended period of time if evidence is accepted that the farm operation eventually will provide the appellant with the bulk of his income, that is, the commitment of time and capital, the expectation of profit and the change in business direction are such that a favourable comparison over time can be made to the other source of income (Hover, supra, Roney, supra, and Poirier Estate v. ...

Thus the provisions of Schedule III which contain these exemptions are independent, and although it may be useful to compare them, they must ultimately be considered and applied separately. ...

He lists the following criteria which should be considered: the profit and loss experience in past years, the taxpayer's training, the taxpayer's intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ...

.); aff'd [1966] S.C.R. 641, 56 W.W.R. 768, the Court considered the effect of an amalgamation under section 96 of the Corporations Act, 1953 (Ontario), $.O. 1953, c. 19. ...

Accordingly, this evidence will not be considered by me. By notice of reassessment no. 623042, dated May 10, 1982, in respect of the plaintiffs 1976 taxation year, the said deduction from income in the amount of $652,754 claimed by the plaintiff under section 111 of the Act in its amended income tax return for its 1976 taxation year in respect of the non-capital loss claimed by the plaintiff in its 1977 taxation year, was not applied by the Minister of National Revenue in the computation of the taxable income of the plaintiff. ...

I am satisfied that the appellant's notice of motion was fundamentally without merit, poorly researched, ill considered and virtually impossible to support in law. ...