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PF-13583; [admitted (Exhibit A-2)] (e) under the contract the option was to be exercised in July 1986 for a price which the parties considered in July 1985 as not below the fair market value of the slasher at the time the option might be exercised; [denied] (f) the appellant did not exercise this purchase option and paid Hewitt Équipement Ltée three months' rental, namely $24,000; [denied] (g) on January 24, 1986 the appellant leased the same slasher without an option to purchase, not from Hewitt Equipement Ltée but from Location Pierre Lafleur Ltée, at a monthly rental of $4,352.91; [denied] (h) the appellant only leased the slasher in question during the taxation year ending April 30, 1986 to use it in connection with its business; [denied] (i) the respondent accordingly: — disallowed the $32,209 investment tax credit claimed, and accordingly the $12,884 investment tax credit refund claimed for the 1986 taxation year; [admitted] — but allowed a deduction for rental expenses of $36,118 instead of the $6,298 interest expense deduction claimed. ... A piece of equipment that is used regularly for demonstration purposes (a'"demonstrator") would not qualify; however, new equipment that is demonstrated to or "test" driven by, a prospective purchaser of that particular piece of equipment would not normally be considered to have been used for a purpose”. ...

Further, all the aforementioned financial reports and statements, both of the Association and the plaintiff, clearly establish that both parties have always considered and still consider the amounts in question to be interest-bearing subscriptions, not gifts. ... In this case there was no obligation to pay interest and the contributions might not be considered a loan used for purposes of earning income but rather a locked up fund, or an obligatory capital stock according to the Acts, and an indispensable element of assets or of goodwill. ...

The following criteria should be considered: the profit and loss experience in past years, the taxpayer's training, the taxpayer's intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ... During argument the Court briefly considered distinguishing the results of the fourth year, 1980, because the farm loss then was the least of the four, but it was only negligibly less than the 1977 loss of $6,825.74. ...

Is this not considered taking "Due Diligence" to meet Shamrock's obligations? ... A Director shall be considered present at a meeting of the Directors if he is able to participate in the meeting by telephone or other communication facilities as contemplated by Section 109(9) of the Corporations Act. ...

The appellant said he had considered his personal knowledge of the stock market to be poor to fair, that he had advised his stockbroker as to his goals with respect to the purpose of the investment portfolio and that he had relied upon and followed his advice as to what should be done from time to time. ... Urie, J. considered and commented on the aforenoted reasons given in the Irrigation Industries case. ...

I agree that, if the seizure by 335114 Alberta Ltd. can be considered an assignment, the provisions of the Financial Administration Act prevents any such assignment from being effective against the Crown except as provided in that Act. In any event, whether this can be considered an assignment or not, I am Satisfied that even if a debt was owing, the plaintiff's action is now statute- barred. ...

This legislative provision has been considered several times and its wording criticized by the courts in recent years. ... Moldowan suggests that there may be a number of factors to be considered but we are here concerned only with three: time spent, capital committed and prof itability. ...

Mobile homes and cargo containers are not considered to be vehicles. Essentially, the argument is simply that the ore haulers in question are "mining equipment" as opposed to “transportation equipment". ... A boat or ship is used to carry or convey persons or objects, therefore, it can be considered to be a vehicle for purposes of this section of the Act. ...

We have evidence that the taxes paid to Revenue Canada Taxation for 1985 are higher than the amount considered. ... In its second assessment the respondent considered that the same gross salary which continued to be paid during the appellant's second period of absence because of an occupational accident—except for certain minor adjustments with respect to $118.84 compensation received—was taxable under the Income Tax Act. ...

Canada, [1989] 1 C.T.C. 235; 89 D.T.C. 5080, the Federal Court of Appeal has recently considered subsection 31(1) of the Act as construed by Moldowan. ... Moldowan suggests that there may be a number of factors to be considered but we are here concerned only with three: time spent, capital committed and profitability. ...