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Further, there is no evidence that sales of Hearne shares made by the appellants subsequent to this particular transaction with Value Line were considered either by the appellants or the respondent as trading. ... The Board agrees that such an arrangement had the potential to afford certain stability to the company during its formative period, but it would be naïve to think that there was not also the potential for benefit to the shareholders in such restraint, in order to select a time considered most propitious for the release of subscribers’ stock to the general public. ... However, there is no question, in the opinion of the Board, that the prospect of selling the subscribers’ shares at a profit had always existed and had been considered, and that it was at a level of sufficient importance by the time Hearne was converted into a public company and the prospectus issued, that it warranted bringing direct and specific attention to that opportunity by listing the secondary offering. ...

In so far as the interpretation is to be considered a “change” of administrative policy it can only be considered as such in relation to the internal memorandum circulated by Horner at the beginning of June. ... When the corporation had originally considered a change in the existing policy it had invited representations from the owners and following such representations the corporation had given an undertaking to the owners that there would be no increase in the number of licences issued before certain legislation to regulate private cars for hire had been adopted and put into force. ... But in none of the cases on certiorari and prohibition, however broad a view is taken of the requirement of locus standi, do I find anything to suggest that persons in the position of the appellants in relation to the official action complained of would be considered to be persons aggrieved for purposes of these remedies. ...

The officer’s notes show he considered Mr. Crook’s “version of his situation is plausible but not possible to verif[y] with the documents on hand.” [13] After the call, the officer concluded Mr. ... The analysis set out in his notes indicates that the $5,000 income criterion was considered unconfirmed because Mr. ... In particular, the Guideline sets out a series of elements that must be considered for small business owners. ...

The Privy Council in the Livingston case considered the rights of persons having an interest in an administered estate and an unadministered estate. ... “An executor,” said Kay J in In re Marsden, “is personally liable in equity for all breaches of the ordinary trusts which in Courts of Equity are considered to arise from his office.” ... Even if the Dalsoren estate were considered to be an unadministered estate, I am of the view Mrs Eide’s right in it, at the time of her death, fell within paragraph (n) of section 38. ...

(n) There is no legal basis for considering that salary is considered to be earned where services are performed. ... He also stated that because an Indian was considered a ward of the State (see Lavell, supra) and, by virtue of section 108 of the Indian Act, RSC 1952, could be enfranchised and assume the duties and responsibilities of citizenship only upon proclamation by the Governor in Council, this shows that the Indian people have been considered as a special class. ... Thus, money earned as salary can also be considered an asset of a person so that, if that person died immediately after receiving his wages, the money would be taxable as income but would also be treated as an asset of that person’s estate. ...

This, of course, cannot be considered otherwise than as a deliberate gesture to prevent both companies from being held to be associated and whether this was done by a sophisticate or one with little knowledge of fiscal matters, it surely must have been the result of some fiscal advice or knowledge at a time when the provisions of subsection 138A(2) had not yet been adopted. ... However, these are not the only matters to be considered under subparagraph 138A(3)(b)(ii). ... I agree that that is the manner in which the separate existence of both corporations must be considered under the section. ...

In the alternative, the Appellant claims that, if it cannot be considered as having acquired the rights to use the said patents, franchises and trade marks by way of gift, the commercial and legal effect of the 1957 transactions in their entirety must be considered. ... Alternatively, it may perhaps be considered that corporations which deal with each other at arm’s length cannot confer gifts on one another, but the overall business transaction must be considered (Ottawa Valley Power Company v MNR, [1970] SCR; 70 DTC 6223; [1970] CTC 305 (SCC), affirming [1969] 2 Ex CR 64; DTC 5166; [1969] CTC 242). ...

The fundamental condition before any right whatever can be considered as flowing from such insurance is the occurrence of one of the hazards described in the group policy causing accidental bodily injury. ... Whenever, after the insured’s death, the beneficiary of an insurance shall relinquish, assign or transfer gratuitously the entirety or part of his rights to another person, the latter shall be considered pro tanto as the direct beneficiary thereof and shall be liable for the payment of the duties imposed by the present act. ... Nowhere in the above text is there any reference to accident insurance end it seems to this Court that the proceeds of such insurance could not be considered as included without supplying missing words. ...

Evidence was given to the effect that income tax savings was also a factor but, having regard to the other important reasons which motivated the creation of the three separate companies, it was to be considered but a relatively minor factor and definitely not one of the main reasons for the splitting of the operations into separate corporations. ... The further possibility of this statement being merely an argument which the branch manager thought up on his own in order to convince head office to extend the credit of his client, was also brought up by the witness Guppy, called on behalf of the Crown, who stated that it was the practice of a good bank manager, when writing on behalf of a person whom he considered a good financial risk, to advance what arguments seemed reasonable to him in order to convince head office to extend the credit and that a possible tax savings was obviously a good argument in so far as the officials of any bank were concerned. ... I was also referred to and I considered the following cases, where the Court found that the main intention was not to effect tax savings and the companies were held to not be associated: The Queen v Bobbie Brooks (Canada) Limited, [1973] CTC 431; 73 DTC 5357; C P Loewen Enterprises Ltd v MNR, [1972] CTC 396; 72 DTC 6298; and Jordans Rugs Ltd et al v MNR, [1969] CTC 445: 69 DTC 5290. ...

The Respondent says that where the deceased has given or purported to give property to trustees under a trust whereby the income from that property is to be paid in the discretion of the trustees either to persons named in the trust document, or, in the trustees discretion, to other persons not named therein, the value of the property so transferred may not be deducted under Section 7(1) (d) of the Estate Tax Act since: (a) neither the trust nor the trustees are “an organization constituted exclusively for charitable purposes” within the meaning of Section 7(1) (d) of the Estate Tax Act; (b) the alleged gift to the trustees is not in law a gift to them that is absolute and indefeasible since they are a mere conduit pipe or vehicle the function of which is to hold the property subject to the terms of trust and to pay the income therefrom to named or unnamed recipients in their discretion; (c) to the extent that the gift may, in law, properly be considered to be a gift to the ultimate recipients or beneficiaries thereof, it is not absolute and indefeasible since there is no assurance that any of them will receive any portion of the alleged gift. ... John Frederick Pemsel, [1891] A.C. 531; that the evidence established that the alternative “educational institutions” which the trustees of The Harshman Foundation could select for the purpose of paying them the income from the fund of The Harshman Foundation instead of to either or both of the Institute of Citizenship or the Macdonald Institute, were intended by the deceased to be only educational institutions in Canada* [1]; and that the purposes of the gifts inter vivos and by the will in this case were ‘‘absolute and indefeasible’’ within the meaning of Section 7(1) (d) of the Estate Tax Act as judicially considered in the Guaranty Trust Company of Canada in the capacity of Executor of the Will of Dorothy Elgin Towle, deceased v. ... M.N.R., [1941] Ex.C.R. 33; [1940-41] C.T.C. 330, were all cases where the Court held that under the relevant statutory provisions being considered in each, the trust was not a “charitable institution”. ...