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The status of the property held in trust by the executors under the will in question must, of necessity, be considered in the present matter, since it has been resorted to to pay the succession duties. ... It is, however, not merely the interpretation of the language of Section 31 that is to be considered but the subjectmatter to which it applies. ... Gibsone, J., who considered that the duty payable in respect of these interests should be computed from year to year and paid by the trustees when the amount of the annual revenue was determined, gave judgment for the full amount of $83,983.03. ...

Third, that the sale of a portion of the shares of the corporation could not be considered to be tantamount to a sale of the assets of those corporations because it was a partial sale of the shares and the court referred finally to the circumstances of the sale. ... I would submit that all of these factors are equally present in the present case.... these principles and facts that emerge from the Blok-Andersen case or the modifications that the Blok-Andersen case make on the Fraser doctrine are also brought out in the more recent case of Weldon & Robb (supra)...... the principles that seemed to emerge there are: (1) if it is a partial sale of shares of the company generally, that will be considered to be a capital investment; and the second thing is that where the active operations, the business of the company continues, that the sale of the shares of the corporation will not be considered to be the sale of the assets of the corporation. ... As I see it, counsel for the appellant has proposed that the Board allow the appeal based upon three distinctions from Fraser (supra) which arise out of his reading of the subsequent jurisprudence noted: (1) It is a partial sale of shares of the company, generally that will be considered to be a capital investment... (2) the active operation, the business, continues (and as such it signifies that the sale of the shares of the corporation will not be considered to be the sale of the assets of the corporation)... (3)... the Fraser doctrine is appropriate in circumstances where the incorporation of the company is done for the express purpose of in effect transferring the assets of the corporation and converting what would otherwise be ordinary income into capital gain. ...

The Submissions of the Parties [21] As noted above, the general tenor of the Respondent’s costs submissions is that HWLH, LFMI and Husky had a common goal and were working in concert and that when all three appeals are considered together the Respondent was successful. ... In such a case, it is for the Tax Court judge to determine the impact of this factor on the award of costs. [38] The Respondent accepts that HWLH was successful but submits that this success must be considered in the context of the overall success of the Respondent. ... However, I accept that in circumstances involving such significant stakes for the Appellant, efficiency and frugality may have taken a back seat to thoroughness. 17 In any event, it is important to recognize that the volume of work is merely one factor that may be considered in assessing whether and to what extent costs should be awarded to a party. ...

The property is locally held and within the purview of the Act here being considered is personally consumed and the tax is imposed (sec. 2) upon "‘every person who consumes any fuel-oil in the Province.” ... In my opinion the Act to be considered here is plainly a tax upon personal property and is a direct tax. ... While usually the result of a judicial decision should not be considered as decisive yet in determining division of authority under the B.N.A. ...

The liquidation being closed, the liquidator obtained his discharge and transferred to the Royal Trust Co., as trustee for the individual shareholders, the remaining assets, consisting of accounts receivable amounting to $18,722.57 (to mention only those considered good) and of about $200 in cash. ... If this sum had been held by the company until the winding up and had been distributed to the shareholders by the liquidator, it would very likely, and should in my opinion, have been considered as capital. This sum having been paid by the company while still a going concern the payment cannot, in the face of the decisions aforesaid, be considered as a return of capital but must be treated as the distribution of a dividend. ...

Tax Court Decision [17] The Tax Court considered whether the Minister was correct to apply subparagraph 161(7)(b)(iv). ... I conclude that the text, read in isolation, is ambiguous; accordingly, contextual and purposive factors should be considered. ... This argument was not fully fleshed out and was too brief to merit a considered response. ...

The other payments were considered as income (Exhibits 1-19, page 16, and I-9, page 20). ... This means that the appellant considered it an investment. In 1990, he decided not to be repaid, to make a donation. ... Furthermore, can the outlays made with respect to Prodimpex be considered an investment? ...

Beneficiaries are considered actual beneficiaries only from the time of entitlement to endowments. ... Sommerer should not be considered the "person".   [109]      Having said that I still conclude that, if Mr. ... The following in particular are considered important reasons: 1.       ...

Demers should have considered the tax credits arising from an SR&ED application. ... Demers, meanwhile, considered a single adjustment amount of $400,000. ... As for the respondent, she considered a range corresponding to 40% to 50% of expenses incurred for new product development. ...

(4)         Should embedded income taxes be considered in determining the fair market value of the shares of Holdco? ... Mr. de Gray said that, generally, minority and marketability discount would be considered together. ... Spencer testified that he considered using the RCGT Statements, but he did not use them because the Internal Statements were available. ...