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Counsel for the appellant suggested that accounting was a pertinent and an important factor to be considered in the determination of the issue. ... Counsel for the appellant concluded that the amounts in issue could not, by any standard, be considered as taxable income to the appellant in any year. ... In assessing the appellant in 1980, the Minister could have and should have considered and given effect to the ceiling payment clauses of the University contract in his computation of the appellant’s 1977 and 1978 true taxable income. ...

[Emphasis added.] [40] If it includes no personal element and is clearly commercial, the taxpayer's activity is considered a source of business or property income. ... Uh, I went a bit farther, I even went into the plants, we promised to exchange samples... [22]- When asked about the cities that were considered potential clients, Mr. Tremblay said: [translation] Yes, I met with people, we talked, we exchanged calls, we wanted to see each other, we exchanged... documents that I had, interests.... [23]- When asked about the companies that were considered potential clients, Mr. ...

In a unanimous decision, the Court held: The credit notes could not be considered apart from the transactions out of which they arose, in which they represented part of the consideration for the purchase of used cars, under executed contracts. Even if considered by themselves they could not be considered as unenforceable for indefiniteness. ... Further, had the Board considered that the gravel pit was a mine, it could not have allowed a 50% capital cost allowance on the loader as a Class 22 asset. ...

According to the respondent the fair market value on December 31, 1971, was $1,346,000 and the difference of $384,088 must be considered as interest and consequently as income for the appellant, despite the clause of the deed of sale to the effect that no interest was payable until the land had been developed, with then an interest of 8%. ... That is no good. 3.04 The terms of the second tender (Exhibit A-3) were considered as satisfactory. ... Hence the objective facts related to the commercial transaction must be considered first. ...

Alternatively the Minister submits that even if the expenses and legal fees can in some way be considered as relating to a business operation, the expenses were certainly not incurred for the purposes of earning income from that business and consequently are not deductible. ... The delictual act cannot in that case be considered as being necessary for carrying on the trade or profession. ... Moreover, in my opinion, the $25,000 lump sum payment provided for in the Decree Nisi cannot be considered as alimony paid on a periodic basis. ...

In Satellite Earth, MacKay J. reviewed the factors to be considered by a court on a s.225.2(8) review of a jeopardy collection order. ... A business loss for the respondent’s re-possession of 2165 Taylor and capital cost allowance claims for that and the 52 Dumbarton property were also disallowed because the applicant considered them inventory. ... The first is that when the circumstances surrounding the section 160 assessment are considered, which in the respondent’s view are necessary to meet the Minister’s disclosure requirements, the issuance of the jeopardy order was not warranted. ...

In order to be considered an asset of the active business, such assets must have been employed or risked in the business. ... For an amount set aside as a reserve to be considered a backup asset used in the business, as claimed by the Appellants, there must be a rational relationship between the amounts being held by the taxpayer and reasonably determined reserves. [19] Two of the reasons advanced by the Appellants for the amounts allegedly held for that purpose were the risk of cancellation of the Crown contract and repayment of the grant and second, the potential repayment of advances in the event of a crop failure or the production of seedlings of substandard and therefore unacceptable quality. [20] First, with respect to repayment of the Crown grant, the Appellant, Skidmore, himself considered the possibility to be remote. ... The phrase “substantially all” has also been considered by the Saskatchewan Court of Appeal in 85956 Holdings Ltd. v. ...

On September 7, 1988, the Council of the Township of Nottawasaga considered and did not approve the rezoning application submitted by Alex E. ... Emphasis added Over the years the Courts have considered a number of criteria in determining whether a gain on the sale of property is on capital or income account. ... As was observed in Racine,^ [18] the absence of financial means may be considered an indicator that the Appellants must have had the intention of reselling Tally-Ho as a motivating force at the time of its purchase. ...

The Appellant’s submission adds that the Supreme Court of Canada did not come to its conclusion by ignoring the separate legal status of the companies but considered the overall economic effect to the taxpayer estate. ... It provides as follows: Paragraph 138(9)(a) of the Act requires multinational life insurers and non-resi dent insurers to include in computing income for a year from a Canadian insur ance business the gross investment revenue that is derived from property which is considered, under a set of prescribed rules, to be used in that insurance busi ness. ... Under Part XXIV of the Regulations, an insurer is required to choose (a process referred to as the designation of property), from among all of its investment assets, those assets which can be considered to be used in carry ing on the Canadian portion of its insurance businesses. ...

However, in the present appeals these two connecting factors must be considered in the context of the specific and unusual circumstances before the Court. ... This fact and not the place where the directors met must be considered as the relevant connecting factor in the present appeals. ... It is in this context that the nature of each Appellant’s employment must be considered. ...