Search - considered

The significance of that fact will be considered later herein. For several reasons which need not be gone into here, the arrangement did not work out so that for the purpose of further distancing itself from Pakall, in July 1969, Bomag Germany caused the appellant (herein sometimes referred to as “Bomag Canada’’) to be incorporated. ... In Johnston Testers Ltd v MNR, [1965] CTC 116; 65 DTC 5069, Gibson, J, in a factual situation not unlike the one in the case at bar, had this to say about the test propounded in the Atherton case as considered by Rowlatt, J in Anglo-Persian Oil Co Ltd v Dale 16 TC 253: But Rowlatt, J in Anglo-Persian Oil Co, Ltd v Dale (supra), considered that this finding was inconclusive, and that there was fallacy in the use of the word “enduring”, and stated that “What Lord Cave is quite clearly speaking of is a benefit which en dures, in the way that fixed capital endures, not a benefit which endures in the sense that for a good number of years it relieves you of a revenue payment”. ...

In his reasons, Binnie J. considered other means of collection used by creditors while the section 23 stay was in effect and concluded that the courts have generally held them to be invalid. ... At page 454 of the report, Iacobucci J. considered that the possible existence of an alternative procedure did not disentitle the Minister to the right he had under another Act. [36]      At page 450 of the report Iacobucci J. wrote that the purposes of the Act include a desire to permit an effective and fair distribution of the assets of a bankrupt person and a desire to protect creditors of insolvent persons. ... [Emphasis added.] [42]      Cory J. also considered that such a result did not undermine the integrity of the Act, because the net effect of the compensation order was simply to prove that the victims had a valid claim as unsecured creditors in the bankrupt's estate. ...

  [32]            It is true that little enough of Canadian case law deals with the provision considered here. ... [ITA]; “butterfly” transactions, in which the disposition of property is limited to less than 10 percent of its market value in order to ensure the continuity of shareholder interest (paragraph 55(3)(b) of the ITA); or, where a charity offers a benefit in return for a donation, the benefit is only considered to have a nominal value where its fair market value does not exceed the lesser of $50 or 10 percent of the amount of the gift (ITA, sections 110.1 and 118.1; Canada Revenue Agency, Interpretation Bulletin IT‑110R3, Gifts and Official Donation Receipts, revised July 11, 1997) ...   [45]            The production costs for honey and the honey‑based products are too significant for them to be considered small in comparison to the price of the first ticket. ...

He considered Canada as a stable country free of disturbances suitable for a safe long term investment. ... What is the line which separates the two classes of cases may be difficult to define, and each case must be considered according to its facts; the question to be determined being—Is the sum of gain that has been made a mere enhancement of value by realising a security, or is it a gain made in an operation of business in carrying out a scheme for profit-making? ... While I do not attach too much significance to this judgment decision of the well-known firm of auditors acting for the appellants, these financial statements had of course to be approved by the directors, and the fact that this approval may well have been done by Bermuda directors and not by Mr Hummel for his daughter does not affect in any way the legal responsibility of appellant companies for the contents of these statements which, as respondents contend may provide some further indication that the companies considered the holding of the properties as part of their business operations and not merely as an investment. ...

  [30]         The Federal Court of Appeal in Gunn wrote:   83        In my view, the combination question should be interpreted to require only an examination of the cumulative effect of the aggregate of the capital invested in farming and a second source of income, the aggregate of the income derived from farming and a second source of income, and the aggregate of the time spent on farming and on the second source of income, considered in the light of the taxpayer’s ordinary mode of living, farming history, and future intentions and expectations. ... Curtis’s farming income predominate, as detailed below, I am satisfied on facts in evidence and described above that, once the factors enumerated in Moldowan and in Gunn of reasonable expectation of income, ordinary mode and habit of work, time spent, capital committed, actual and potential profitability, ordinary mode of living, farming history, and future intentions and expectations, are considered and applied, Mr.  ... The Queen, [7] Hershfield J. also addressed potential profitability:   52        My reading of this formulation of the combination test is that it requires that the chief source factors being examined in respect of farming, including potential profitability, be considered relative to the chief source factors being examined in respect of the second source being included in the combination. ...

(the "Franchise Committee") considered the Application. The role of the Franchise Committee was as follows: (i)          to review the PIP report which had been negotiated between the parties, and to further determine whether Franchising Inc. was prepared to grant the Appellant a waiver with respect to any of Franchising Inc.'s standards; (ii)         to review the Appellant to determine whether the Appellant was capable of operating a Holiday Inn Franchise; and (iii)        to examine the location of the proposed Holiday Inn hotel and determine whether granting the franchise would adversely affect any existing Holiday Inns. ... In effect, Revenue Canada extends the application of subparagraphs 212(1)(d)(i) to include any payment, including a single or lump-sum payment, for the right to use, in Canada, any property, etc., whether or not the amount would be considered a rent, royalty, or similar payment. ... There is no need for the Court to decide what items, if any, could be considered as royalty payments. ...

He argues that some receipts were not considered because they were void of any stamp indicating whether they were accepted or denied and, where receipts filed as proof of expenses were missing, other proof of payment (such as credit card and bank statements) were provided but were not considered. ... We are unable to determine gross or net income based on information provided…   [31]            The record is clear, in my view, that the Minister considered the further information and proof of gross income submitted by the Applicant but that, as suggested by the Respondent, the Minister could not conduct a proper assessment because the Applicant failed to provide proper documentation ...

Peterson considered the child support provisions in the 1991 separation agreement to be enforceable, and that during 1994 and 1995 he honoured what he believed to be his child support obligations under that agreement by paying $2,000 per month. ... Those provisions deal with a situation in which a court order or written agreement stipulates that a certain payment made prior to the date of the court order or written agreement is to be considered as having been made under that court order or written agreement. ... Tossell's account, is not capable of establishing that the payment was intended to represent arrears of child support. [46]            The Judge considered that allocating the $36,000 over the 36 months from January 1994 to December 1996 is the "most reasonable and common sense" interpretation of section 6 of the Minutes of Settlement. ...

The investment advisors with whom he shares the commissions are all employees of CIBC World Markets, like himself, and cannot be considered his clients. ... They are considered to be capital in nature where the training results in a lasting benefit to the taxpayer, i.e., where a new skill or qualification is acquired. Where, on the other hand, the training is taken merely to maintain, update or upgrade an already existing skill or qualification, the related costs are not considered to be capital in nature ...

When the question was considered by the Tax Court, His Honour Judge Taylor answered it in the negative. ... Therefore, one cannot help but wonder how the legislators could have failed to have considered the scenario presently before this Court. ... The background to section 63 in its prior form was considered at length by the Canadian Human Rights Tribunal in Bailey et al. v. ...