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He considered himself bound by the decision of Strayer, J. of this Court in Crown Tire Service Ltd, v. ...

I have so far considered the situation only from the point of view of the legal effects of the operation, but I do not overlook the words in para.  ...

I am accordingly of the opinion that the holdback of approximately $56,000 which was paid on April 11, about thirty days after the issuance of the architect’s certificate, as contemplated in the contract, must be considered as an amount receivable in the taxpayer’s fiscal year 1953. ...

The meaning of an option to purchase was considered in Canadian Long Island Petroleums Ltd. v. ...

The Appellants established that the Respondent never considered the deductibility of the Stranded Disbursements when disallowing the expense; it became clear at the hearing that the Respondent’s assumption in disallowing the Stranded Disbursements related to the inability of such amounts to qualify as bad debts. [44]         The testimony regarding the Partnership’s accounting system and practices, the composition, analysis and nature of the Stranded Disbursements and the logical reasons why these were otherwise deductible business expenses (not previously deducted), satisfy the Court that such expenses existed and that deductions are permitted in accordance with 18(1)(a) of the Act, which provides: In computing the income of a taxpayer from a business or property no deduction shall be made in respect of General limitation (a) an outlay or expense except to the extent that it was made or incurred by the taxpayer for the purpose of gaining or producing income from the business or property; [45]         In short, because the Partnership had the option of deducting the expenses, the Minister’s assumption regarding the extra step (applicable to accounts receivable) does not apply where the Partnership merely elects to absorb the “outlays” as non-recoverable costs and deduct same from aggregate professional income. ...

  [79]         During counsel for the Respondent’s argument, I was left with the impression that the Respondent considered the Minister to have the same authority as the Court to determine the use of documents provided in the course of discovery.   ...

That principle is stated succinctly in Inland Revenue Commissioners v Brebner, [1967] 1 All ER 779 by Lord Upjohn at page 784, as follows: My lords, I would conclude my judgment by saying only that, when the questions of carrying out a genuine commercial transaction, as this was, is considered, the fact that there are two ways of carrying it out,—one by paying the maximum amount of tax, the other by paying no, or much less, tax— it would be quite wrong as a necessary consequence to draw the inference that in adopting the latter course one of the main objects is for the purposes of the section, avoidance of tax. ...

Domville, [1956] 1 All E.R. 754 at 757, when referring to the distinction between the case where such payments are to be considered as capital receipts or, on the other hand, as income: But, the matter being largely one of degree and so of fact, as Lord Normand said. ...

A number of possible situations are considered in the management of a registered retirement savings plan. ...

In these circumstances, the Judge did not show bias by pointing out that legislative reform should be considered.       ...