Search - considered

The only question remaining for decision, therefore, is whether, when dividing the partnership profit at the end of its 1984 fiscal period, in accordance with the agreement just described, the $200,988.97 amount should be considered as an expense to be deducted from the appellant’s share of the cash flow pool, as the payments were made by him, or if it should be considered a cost of establishing the hedge and therefore to be taken into account in computing the hedge pool profit or loss. ... Its significance for present purposes is that if the amount is to be considered an expenditure from the cash flow pool then the appellant can take it into account in computing his share of the partnership income for 1984. ...

  [20]     In reaching this conclusion, Noël, J. also considered the taxpayer's level of involvement in the company's management and financial operations:   In the case at hand, the plaintiff had a special knowledge of the market in which Orell shares were traded. ...   [47]     The effect of changing the way in which a transaction has been reported was one of the factors considered by Rip, J. ...   [51]     Considered in light of the factors in Vancouver Art Metal Works, the evidence persuades me that Mr. ...

At the hearing, a further issue arose as to whether a writ of execution had been returned unsatisfied under paragraph 227.1(2)(a) and is considered below under the heading “Preliminary Matter” ... [30]     In the event I am in error on the Preliminary Matter, I have also considered the Appellant’s primary basis for his appeal; namely, that he was not a director of JSL at the relevant time under subsection 227.1(4) of the Act.   ... In reaching his decision, Rip, J. also considered certain provisions of the Canada Evidence Act; that legislation was not raised by counsel in their submissions ...

We recognize that changes will have to be considered from time to time in connection with marketing developments, but feel certain these can be resolved satisfactorily if close contact is maintained. ... On receipt of signed copy, the contract will be considered to be in force. ... In that same case, Lord Evershed, M.R. noted at 757: I think one other inference must be drawn from the form of the judgment read in the light of the pleadings — I do not forget that this is a consent order under a settlement in which no doubt both parties considered all their alleged rights and defences. ...

The position advanced by TELUS would allow just about any advertised discount to be considered as a “coupon” for the purposes of section 181 of the Excise Tax Act. ...   [17]            U nder the modern contextual approach to statutory interpretation, regard must be had not only to the ordinary and natural meaning of the words, but also to the context in which they are used and the purpose of the provision considered as a whole within the legislative scheme in which it is found: Bell ExpressVu Limited Partnership v. ... Considerations of administrative ease and efficiency in the management of the GST must also be considered in such cases ...

Although conditions were attached to the preliminary advance that was based on the promise to purchase, counsel says that those conditions cannot be considered as entailing any great possibility that the whole deal would fall apart (transcript, pages 222-23). ... Second, the appellants were of the opinion that, for valuation and tax purposes, the emphyteutic lease agreement, as it was not legally effective until August 28, 1996, was a factual element that should not be considered in the determination of the property's fair market value as at July 25, 1996. ... This possibility must therefore be considered in the determination of the fair market value. ...

“qualifying amount” received by an individual in a taxation year means an amount (other than the portion of the amount that can reasonably be considered to be received as, on account of, in lieu of payment of or in satisfaction of, interest) that is included in computing the individual 's income for the year and is   (a) an amount   (i) that is received pursuant to an order or judgment of a competent tribunal, an arbitration award or a contract by which the payor and the individual terminate a legal proceeding, and   (ii) that is   (A) included in computing the individual 's income from an office or employment, or   (B) received as, on account of, in lieu of payment of or in satisfaction of, damages in respect of the individual 's loss of an office or employment,   (b) a superannuation or pension benefit (other than a benefit referred to in clause 56(1)(a)(i)(B)) received on account of, in lieu of payment of or in satisfaction of, a series of periodic payments (other than payments that would have otherwise been made in the year or in a subsequent taxation year),   (c) an amount described in paragraph 6(1)(f), subparagraph 56(1)(a)(iv) or paragraph 56(1)(b), or   (d) a prescribed amount or benefit,   except to the extent that the individual may deduct for the year an amount under paragraph 8(1)(b), (n) or (n.1), 60(n) or (o.1) or 110(1)(f) in respect of the amount so included.   ... Despite the absence of any court or quasi-judicial trappings, the CRA officer was considered by definition a “federal board, commission or other tribunal” ... Armstrong. [17] In that case, all three justices who wrote reasons agreed that the payment being considered, namely a lump-sum payment, was not made pursuant to an order or judgment in a divorce or separation action. ...

In any event, the dispute in this case boils down to the same issue – can the Appellant’s expenditures at the Arc Hotel be considered expenses incurred by the Appellant in the performance of his employment duties or are they personal expenses and consequently not deductible under section 8 of the Act?   ... I also see nothing that necessarily leads to the conclusion that it is only the first 15 days that are considered. ... Paragraph 62(3)(c) is not comparable to the provision considered by the Federal Court of Appeal in that case. ...

It indeed appears to be clearly settled that control of a corporation requires at least a bare majority in shareholding and as Lee here has not this majority, he cannot be considered as controlling the appellant and I say this notwithstanding the articles of association adopted by the appellant which gives its president a prepon- derent vote in the case of an equality of votes at every general meeting of the company. ... The only matter which now remains to be considered is whether the persons involved here were in fact dealing at arm’s length under Section 139(5) (b) of the Act. ... It is, in my view, a fair inference from the foregoing that in the dealings between Sung and Pender Enterprises Ltd., the parties were not acting independently but as highly interdependent parties and Sung, at the time of the transaction and throughout the period under review, was in a constant position of advantage or interest with regard to the appellant corporation to a point where in fact the parties involved here cannot be considered as dealing at arm’s length. ...

The appellant argues that while National Indian Brotherhood and Nowegijick focus on the residence of the debtor, both cases leave room for additional factors to be considered.  ... This leaves two factors to be considered:  the residence of the recipient of the benefits, and the location of the employment income which was the basis of the qualification for the benefits.  ... C-- The Situs of the Enhanced Unemployment Insurance Benefits                      According to s. 38(3) of the Unemployment Insurance Act, 1971 enhanced benefits are to be considered unemployment insurance benefits for the purpose of the Income Tax Act:                      38 ...