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The issues to be decided are: whether the Tax Court has jurisdiction to hear an appeal of the Minister’s decision to deny a downward adjustment under s. 247(10) of the Act; if so, whether the appellant’s income from the Transactions in the Appeal Period should be reduced to reflect…. [11] An appeal to the Tax Court for a downward adjustment was also considered by the Supreme Court in Dow. [12] In Dow, Justice Kasirer wrote the following for the majority of the Supreme Court: 7. ...

Investments Limited (the "Corporation"), pursuant to subsection 23(1) of The Business Corporations Act by their signatures hereby consent to the following resolution: Whereas the Corporation declared a management bonus in the amount of $147,000.00 payable to Samuel Frustaglio on December 27th, 1978, which was to be payable at such time or times as the Corporation had funds available for this purpose as determined by the President of the Corporation; And Whereas the funds have not been available for the payment of the aforesaid management bonus and it is in the interest of the Corporation that the aforesaid management bonus be considered cancelled; BE IT RESOLVED THAT: (a) The management bonus declared payable to Samuel Frustaglio in the amount of $147,000.00 on December 27th, 1978 be deemed cancelled; (b) The Secretary of the Corporation take whatever action necessary to reflect the aforesaid in the books and records of the Corporation. ...

It caps such payments in any year at 15 percent of the gross profit and provides for a proportionate reduction to keep them within the cap if necessary:   (b)    in the event that the total amounts receivable by all Retired Partners of the Partnership and of Woods Gordon in any year computed in the foregoing manner and in the manner provided in similar provisions of the Woods Gordon Partnership Agreement and, after giving effect to the provisions of Paragraph 3.9 of this Agreement and Paragraph 3.9 of said Woods Gordon Partnership Agreement, where applicable, would exceed 15% of the combined gross profits of the Partnership and Woods Gordon the amount receivable by each Retired Partner of the Partnership and Woods Gordon shall be reduced pro rata until the total amount receivable by all such Retired Partners is reduced in the aggregate to 15% of the combined gross profits of the Partnership and Woods Gordon.   19                                Finally, the partners agreed that amounts payable in respect of the retirement allowance should be considered a share of the partnership’s income for tax purposes:   Amounts Agreed to Represent Allocated Share of Income for Tax Purposes   5.5  Where in any fiscal year of the Partnership, an amount becomes payable to a Former Partner or his estate or credited to his drawing account in respect of:   (a)    salary, bonus (if any) and Registered Retirement Savings Plan payments for the fiscal year of the Partnership during which he ceased to be a Partner;   (b)    amounts to which he or his estate is entitled pursuant to subparagraphs (a) and (f) of Paragraph 4.0 and Paragraphs 4.2, 4.3 and 4.4 hereof; or   (c)    instalments on account of the balance of his WIP deferred income account pursuant to subparagraph (d) of Paragraph 4.0 hereof;   the Partnership shall allocate to such person or estate as his or its share of the business income of the Partnership for such fiscal year, as such income is determined for purposes of the Income Tax Act of Canada  , the total of all such amounts which become payable to such person or estate or credited to his drawing account during such fiscal year.   20                                The partnership agreement itself establishes that Mr. ...

The failure to plead the ground properly in the ALJR leads to the conclusion that there is no proper application before the Court for adjudication, and, therefore, no serious issue to be considered. [33] It was submitted at the hearing of this motion that the grounds pleaded in the ALJR are pleaded in a manner that is consistent with the practice within the immigration law bar appearing before this Court. ...

The Court of Appeal then considered whether laches can operate to bar constitutional claims. ... They suggest that, because laches is an equitable construct, the conscionability of both parties must be considered. ... Division of powers claims, such as the one considered in Ontario Hydro, are based on ongoing legal boundaries between federal and provincial jurisdiction. ...

In addition to seeking payment of $290,250, Revenue Canada considered levying a penalty under subsection 163(2) of the Income Tax Act of up to 25% of the amount owing because the non-reporting was done knowingly or through gross negligence. ... Thus, a determination of the applicability of the Hunter standards does not hinge on whether the context of the search and seizure is “criminal” or “regulatory”, although that is a factor to be considered. ...

Analysis Paragraph 78(I)(a) Recently the Supreme Court of Canada again considered the proper interpretation of taxing provisions in the light of the basic structure of the Canadian taxation scheme which is established in the Act (Friesen v. ... Many provisions of the Act have not been considered by the courts. Certainly, fact situations vary with each transaction and where a court has interpreted a provision with respect to a set of facts, that interpretation may not necessarily apply to totally different facts in another transaction. ...

Wortzman's eloquent and elaborate argument can overcome the fundamental flaw; that is, that to be considered an acceptable system of accounting for Canadian tax purposes it must meet the underlying fundamental criteria of accuracy in computing income. ... Bernick was premised on the UK Bond being considered a long‑term investment. ...

In her submission, there are three causes for this: [71]     (a)   the GST and QST in the amount of $534.71, which should not be included in the cost;   (b)   the three expenses (the first three lines of Appendix I of the Replies, which total $654.86), which she claims were not completely devoted to SR&ED and should therefore not be considered capital expenditures made for the purpose of SR&ED; and   (c)   the addition of $554.94 to the capital expenditures (the current expense claims which the Minister alleges are capital in nature) ... See Exhibit A-1, tab 2, page 61, with respect to the lab equipment. [52] The amount allowed for GST and QST is rateably reduced to reflect the fact that no GST or QST was paid on the amounts payable to the SAAQ. [53] The amounts of $457.07 and $2,258.23 do not include GST and QST. [54] Exhibit I-2, in the middle of page 2. [55] Ibid., page 2. [56] Ibid., pages 2-3. [57] Ibid., page 3. [58] Transcript, page 265. [59] Exhibit I-2, page 3. [60] Ibid., page 3 (not including GST or QST). [61] Exhibit A-1, tab 2, page 60, [Translation] “Contract of Lease”. [62] Transcript, pages 268-269. [63] See below. [64] There was no GST or QST on this amount. [65] Subparagraph 37(8)(d)(ii) of the ITA applies, and, consequently, the amount of $2,066.24 cannot be considered an SR&ED expense and cannot be deducted as an expense during the year in issue. [66] See note 41, above. [67] Moreover, one would have to consider whether the profits from the improvement to the buildings must be taken into account. [68] Transcript, pages 273-277. [69] Generally, the evidence leads me to conclude that the appellants did not always draw clear distinctions between the activities of the Partnership, the activities of IIB, and their purely personal activities ...

The transfer of a real right in a certain and determinate property, or in several properties considered as a universality, vests the acquirer with the right upon the formation of the contract, even though the property is not delivered immediately and the price remains to be determined. ... But he knew that he could count on the absolute honesty of the appellant, who considered herself a temporary depositary of her property ...