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SCC

Kosoian v. Société de transport de Montréal, 2019 SCC 59, [2019] 4 SCR 335

A reasonable police officer in the same circumstances would not have considered failure to hold the handrail to be an offence. ... Issues [36]                           The following issues must be considered in this appeal: a)       What are the general principles governing the civil liability of the police? ... The circumstances of place (temperature, visibility, urgency, etc.) and time must be considered.         ...
TCC

3295940 Canada Inc. v. The Queen, 2022 TCC 68, rev'd 2024 FCA 42

The documents explaining the different planning options considered, including three (3) alternative reorganization projects, were entered into evidence. ... As a result, no premium can be considered to have been paid at the time of the acquisition of control of 3295 in 1996 that would not have been reflected in the ACB for Holdings shares. ... Essentially, all the money considered received in 2002 during the sale of 3295’s assets was redistributed to Micsau in the form of dividends between 2002 and 2004. 125. ...
TCC

Duhamel v. The King, 2022 TCC 66

Duhamel’s testimony, when considered with common sense, are entirely plausible. [64] First, Mr. ... This objective factor of commerciality must be considered in similar situations. ... Duhamel did not obtain this 37% return on investment when all the results of his gambling activities are considered. ...
TCC

DAC Investment Holdings Inc. v. The King, 2024 TCC 63

This will be evident once the function that each of the definitions plays in the scheme of the Act is considered. [72] Numerous provisions of the Act distinguish between a public corporation, a CCPC and a private corporation. ... Such corporations will then not be considered resident in Canada unless their central management and control are located in Canada. ... For example, the Appellant was no longer deemed to be resident in Canada, no longer considered to be a Canadian corporation and no longer considered to be a CCPC. [231] The fact that it remained a resident in Canada did not frustrate the object, spirit and purpose of subsection 250(5.1). ...
EC decision

Hudson’s Bay Company v. Minister of National Revenue, [1947] CTC 86

The various Income Tax Acts considered in the aforesaid cases, apart from that of Minister of National Revenue v. ... On the other hand, I do not believe that these expenses and costs can be considered as being a capital outlay or loss. ... I do not believe that these costs and expenses can be considered as a capital outlay. ...
TCC

Canadian Forest Products Ltd. v. The Queen, 2004 DTC 2869, 2004 TCC 405

He considered the unpresented cheques to be a liability to Canfor for accounting purposes and they are shown as such in the financial statements. ... It is at this time that the bank has made available to the borrower the use of the funds. [9] [54]     The Courts have considered the application of the Part I.3 tax in a number of cases albeit none directly on point with the issue here today. ... In common law jurisdictions delivery of a cheque constitutes payment at that time. [90]     The writing of a cheque on a bank account is considered to constitute a draw upon that account where that cheque represents payment. ...
TCC

Ridge Run Developments Inc. v. The Queen, 2007 DTC 734, 2007 TCC 68

Poulton considered him to be the "whole company" in all the decisions with respect to Oakamp Developments. ... That is when it was considered that the loan was forgiven. At that point in time there was no more loss available to be reduced. ... If he was told that it need not be reported then he may have avoided being considered to be negligent or careless. ...
TCC

President's Choice Bank v. The Queen, 2009 TCC 170

Each supply must be considered as an independent supply for tax purposes, the single consideration being apportioned among the separate supplies as appropriate.   ... One factor to be considered is whether or not the alleged separate supply can be realistically omitted from the overall supply. ... These services in themselves are not otherwise considered to be financial services under paragraphs (a) to (m) of the definition in subsection 123(1) of the ETA. ...
TCC

Great-West Life Assurance Company v. The Queen, 2015 TCC 225

A limit on the amount paid in respect of a particular claim to what is considered “reasonable and customary”. ... However, the maintenance of DIN price and formulary files and DUR files for use in the adjudication process cannot be considered to define the essential character of the supply provided by Emergis to Great-West. ... It is worth noting that this regulation will affect only services that would otherwise be considered to be financial services under paragraphs (a) to (m) of the definition under subsection 123(1). ...
FCTD

Oro Del Norte S.A. v. The Queen, 93 DTC 5217, [1993] 1 CTC 245 (FCTD)

The jurisprudence is helpful in suggesting factors which might by analogy be considered in determining whether particular mine workings constitute a mine separate from an existing mine that has already come into production in reasonable commercial quantities. ... Coal resources of immediate interest, as contrasted with those of future interest, are seams of coal that because of thickness, depth, quality and location are considered to be of immediate interest for exploitation. ... Within that industry development expenses would be committed only when a reserve has been established that is considered to be likely to produce a Satisfactory profit from production as a result of planned investment in a specific project. ...

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