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In 1992, updated as of 1 September 1995, the OECD published a Commentary on the views of the Committee on Fiscal Affairs Report on Thin Capitalization. [8] The Committee considered, at paragraph 2, that with respect to Article 9: a) the Article does not prevent the application of national rules on thin capitalisation insofar as their effect is to assimilate the profits of the borrower to an amount corresponding to the profits which would have accrued in an arm’s length situation; b) the Article is relevant not only in determining whether the rate of interest provided for in a loan contract is an arm’s length rate, but also whether a prima facie loan can be regarded as a loan or should be re- garded as some other kind of payment, in particular a contribution to equity capital; [9] c) the application of rules designed to deal with thin capitalisation should normally not have the effect of increasing the taxable profits of the relevant domestic enterprise to more than the arm’s length profit, and that this principle should be followed in applying existing tax treaties. ... The introduction to the Commentary stated that the Committee “considered that existing conventions should, as far as possible, be interpreted in the spirit of the revised Commentaries, even though the provisions of these conventions did not include the more precise wording of the 1977 Model Convention”. ... However with the publication of Revenue Canada’s press release of June 3, 1982, Revenue Canada no longer considered Article IV to apply. ...

In light of the subsequent holding in Shaw and of the fact that an award in respect of additional interest constitutes punitive damages, Fisher Ltd. can no longer be considered good law. ... In an agrarian society, land is considered to be the source of income. ... A disposition of the land itself, that is to say the capital, is considered to be of a different character and, hence, the distinction between income and capital is critical. ...

As an example, Hennigar states that the volume of trading of plaintiffs can be considered as only moderate, while a trader would have a much higher rate of activity. ... Hennigar admits that Forest Lane Investments would be considered a trader in securities. ... Some of the factors to be considered in ascertaining whether the taxpayer's course of conduct indicates the carrying on of a business are as follows: (a) frequency of transactions—a history of extensive buying and selling of securities or of a quick turnover of properties, (b) period of ownership—securities are usually owned only for a short period of time, (c) knowledge of securities markets—the taxpayer has some knowledge of or experience in the securities markets, (d) security transactions form a part of a taxpayer's ordinary business, (e) time spent—a substantial part of the taxpayer's time is spent studying the securities markets and investigating potential purchases, (f) financing—security purchases are financed primarily on margin or by some other form of debt, (g) advertising—the taxpayer has advertised or otherwise made it known that he is willing to purchase securities, and (h) in the case of shares, their nature—normally speculative in nature or of a non-dividend type. ...

No. 673 (QL) (Kolot), implied that the respondents could be considered regular ministers, while Pereira v. ...   [21]            Before undertaking the analysis, I must note that the canon law to which the TCC judge refers in her reasons must, as foreign law relevant to the disposition of the case, be proven by expert evidence before it can be considered (Fabrique de la paroisse de L’Ange-Gardien c. ... Noseworthy] the position of chaplain;   2)   she held that position permanently;   3)   to my great surprise, she could administer sacraments and did so;   4)   the Catholic Church considered her to be a Catholic chaplain working regularly as minister ...

In coming to this conclusion, I have considered not only the various dictionary and jurisprudential meanings of the word "substantial", but also the retroactive nature of subsection 194(4.2). ... When the totality of the written and oral evidence put before this Court is considered, it indicates that arrangements for the issue of the debentures in question were “substantially advanced" before October 10, 1984. ... In any event, when the evidence is considered as a whole, I am satisfied that arrangements for the issue of the debentures by Dell did exist in writing and were “substantially advanced" before October 10, 1984. ...

The status of the “receiver” and the effect of the “charge” (equitable mortgage) depends, therefore, on the terms of the “Debenture” considered in the light of the equitable principles applicable where a debtor charges his property in favour of a creditor as security for a liability.§ [7] The provisions of the Debenture to be considered would appear to be: 2. ... I choose this unusual course because, as I appreciate it, a consideration thereof is necessary to establish the point that has to be decided but distracts from an appreciation of the questions to be considered in deciding that point. 3 tT Had my conclusion on the set-off question been different, I should, nevertheless, have had reservations as to the granting of the appeal. ...

Normally, a sale of a portion of the taxpayer's land would be considered cogent evidence that the land sold was not necessary to the use and enjoyment of the dwelling unit: Baird v. ... This fact must be considered relevant to determining the amount of land necessary for the use and enjoyment of the appellant’s principal residence. ... Justice Robertson that, while the date of disposition may be the appropriate date in most cases, it should not be considered definitive. ...

To determine this, the following elements, in my view, should be considered. 1. ... & J. 502 where he stated at 507-508: No universal rule can be laid down for the construction of statutes as to whether mandatory enactments shall be considered directory only or obligatory only with an implied nullification for disobedience. ... In such circumstances, can it now be said that in the absence of such a ministerial prescription as a corporate seal on the waiver form, the document should be considered null and void and bereft of any legal weight? ...

In his argument, counsel for the Minister agreed with the appellant’s counsel that on the facts disclosed no case had been made out which would bring the case within Section 85B of the Act, and accordingly paragraphs 11 and 12 of the Reply to the Notice of Appeal need not be considered. ... There was then no suggestion that either the appellant or Cochren considered the lots to have increased in value beyond the price paid by Robinson in April, 1953. ... I have carefully considered the question of costs and have reached the conclusion that in the circumstances of this appeal, no costs should be awarded to or against either party. ...

And so you do everything you can to provide a real quality of life, and respect them, and have life be as happy and normal as you can make it in an institutional setting. [8]      During the period of construction Revenue Canada officials advised the Society that they considered the construction of the Centre to be a commercial activity, and that it would be required to make a self-assessment of a self-supply of the building under subsection 191(3) of the Act. ... (emphasis added) Removing the unnecessary verbiage, and relating what is left to the facts of this case, leads to the conclusion that if, when the building of the Centre was substantially completed, the appellant gave a person possession of a residential unit in the building under a lease, license or similar arrangement for the purpose of occupying it as a place of residence, then the deeming provision is operative, and there is a self-supply that attracts tax. [10]     Three definitions found in section 123 of the Act must therefore be considered. ... No application was made by the appellant after May 1, 1998 to be designated, nor has the Minister made any such designation since that date. [31]     Counsel for the appellant has advanced several reasons why this apparent absence of a post-May 1998 designation ought not to be considered fatal to its 83% rebate claim. ...