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Sweet considered the proposal even though there was no financial benefit to Sweet in terms of differential spread between the interest rates and the Notes or other monetary consideration. ... Sweet considered its own interest. The fact that a large amount of money would flow through its own bank account was attractive because it would give the appearance that Sweet dealt in large dollar figures. ... (affirmed by the Federal Court of Appeal on different grounds at 2007 D.T.C. 5199):   … The fact that the parties considered that they had entered into a mutually beneficial relationship when, at the same time, they were pursuing their own individual interests and were free, without either of them being controlled by the other, to enter or not enter into that relationship means they were dealing with each other at arm's length as a matter of fact ...

  [44]          In my view, the SPBG cannot be considered a mandatary of the producers because it is not subject to their direction and control, but, rather, must act in compliance with ARMAFFP and the regulations thereunder ... The following amounts are deducted:   ·         The transportation costs withheld from the gross selling price of the wood are considered marketing costs under section 3 of ARMAFFP ...     [48]          In my view, these costs result from services that cannot be considered the supply of tangible personal property, because all the services are prescribed by regulations aimed at regularizing and facilitating the coordination of the production and sale of wood on the Gaspé Peninsula. ...

If there is some evidence of an event that will probably occur in the future that would suggest that the debt is collectible on the happening of the event, the future event should be considered. ...   [31]     It would be false to claim that the debt was too recent to be considered a bad debt. ... I therefore do not accept the Respondent's claims and I consider that the loss cannot be considered nil under the terms of subparagraph 40(2) g)(ii).   ...

The presumptions contained in paragraphs 8(j), (k), (l), (m), (n), (o) and (p) are not relevant to the issues before this Court and should not have been considered by the Minister in making the decision that she did ... These sections were considered in the case of Kaeser Compressors Inc. v.  ...   [81]     Counsel for the Respondent argued that various factors as set out in Wiebe Door, supra, can only be considered when the issue is whether or not there is a contract of service or contract for services. ...

Were it not for section 141 of the ITA, Les Clairvoyants would have been considered to be a "Canadian-controlled private corporation" throughout that period. ...     [12]     Counsel for the appellant notes as well the opinion of the law firm Ogilvy Renault that was communicated to the shareholders of Les Clairvoyants in the information note accompanying the cash offer to purchase made by Société Nationale, which opinion is expressed in the following terms:             [TRANSLATION]               A shareholder will not be regarded as having disposed of his shares at the time the shares are deposited in response to the offer, but will be regarded rather as having disposed of his shares at the time the shares are delivered against payment. [3]   [13]     Counsel for the appellant stressed that while this opinion cannot be determinative as regards the issue herein, it can certainly be considered a relevant doctrinal factor since it bears on the transaction at issue. ... Les Clairvoyants thus could not at that time have been considered a CCPC, and accordingly the disposition of the shares in its capital stock by La Survivance could not give rise to a BIL ...

This action that removed my right to redistribute income must then be considered null and void as it conflicts with basic charter rights. ... Income reporting or clawback policy becomes too arbitrary and unreasonable to be considered fair and this leads directly to my constitutional complaint. ... The effect of the classification on the complainant must be considered. ...

Analysis and Decision   [61]     As this Court may have indicated in its comments during the trial, even though the Minister may have told the Appellant's agents what he considered to be the two most significant cases and factors to be considered in deciding whether or not there was a benefit and whether or not there was gross negligence, this Court is not bound by that. ... Even if he were taking that position, there is nothing in the records to indicate that there was ever any adjustment made to the corporate loan documents to indicate in any way whatsoever what the loan balances were, that the loan balance was sufficient to use up this amount of money, or that the Appellant ever intended that this money be considered to be a repayment of a loan ...

However, a Mutual Fund Corporation as defined in subsection 131(8) of the Act is considered to be a "financial intermediary corporation" under subsection 191(1) of the Act and section 191.1 provides that dividends from a financial intermediary corporation are exempt from tax. [4]      In order to qualify as a Mutual Fund Corporation the Corporation must satisfy a specified test at the time that the dividends are declared. ... As an example of the relevance of Varitech connections with companies considered to be in the Edper Group of Companies, the Appellant itself outlined the general relationships in a letter written by its solicitors, Tory and Tory Deslauriers & Binnington to the auditor Gordon MacKibbon. ... Counsel for the Respondent also referred to Rule 95(3) of the Tax Court of Canada Rules, (General Procedure) which reads as follows: 95. (3) A party may on an examination for discovery obtain disclosure of the findings, opinions and conclusions of an expert engaged by or on behalf of the party being examined that relate to a matter in issue in the proceeding including the expert's name and address, but the party being examined need not disclose the information or the name and address of the expert where, (a)         the findings, opinions and conclusions of the expert relating to any matter in issue in the appeal were made or formed in preparation for contemplated or pending litigation and for no other purpose, and (b)         the party being examined undertakes not to call the expert as a witness at the hearing. [45]     Category V           I have carefully considered this situation and I have concluded that the Appellant should not be compelled to provide the draft reports and other documents that were requested in connection with the Hathaway Valuation. ...

"tax shelter"- "tax shelter" means any property in respect of which it may reasonably be considered having regard to statements or representations made or proposed to be made in connection with the property that, if a person were to acquire an interest in the property, at the end of any particular taxation year ending within 4 years after the day on which the interest is acquired,             (a) the total of all amounts each of which is (i) a loss represented to be deductible in computing income in respect of the interest in the property and expected to be incurred by or allocated to the person for the particular year or any preceding taxation year, or (ii) any other amount represented to be deductible in computing income or taxable income in respect of the interest in the property and expected to be incurred by or allocated to the person for the particular year or any preceding taxation year, other than any amount included in computing a loss described in subparagraph (i), would exceed (b) the amount, if any, by which (i) the cost to the person of the interest in the property at the end of the particular year, would exceed (ii) the total of all amounts each of which is the amount of any prescribed benefit that is expected to be received or enjoyed directly or indirectly of the interest in the property, by the person or another person with whom the person does not deal at arm's length but does not include property that is a flow-through share or a prescribed property. ► 237.1(2) ◄           (2) Application. ... ]           (6) For the purposes of paragraph (b) of the definition "tax shelter" in subsection 237.1(1) of the Act, "prescribed benefit" in relation to a tax shelter means any amount that may reasonably be expected, having regard to statements or representations made in respect of the tax shelter, to be received by or made available to a person (in this subsection referred to as "the purchaser") who acquires an interest in the tax shelter, or a person with whom the purchaser does not deal at arm's length, which receipt or availability would have the effect of reducing the impact of any loss that the purchaser may sustain by virtue of acquiring, holding or disposing of the interest in the tax shelter, and includes such an amount (a) that is, either immediately or in the future, owed to any other person by the purchaser or a person with whom the purchaser does not deal at arm's length, to the extent that (i) liability to pay that amount is contingent, (ii) payment of that amount is or will be guaranteed by, security is or will be provided by, or an agreement to indemnify the other person to whom the amount is owed is or will be entered into by (A) a promoter in respect of the tax shelter, (B) a person with whom the promoter does not deal at arm's length, or (C) a person who is to receive a payment (other than a payment made by the purchaser) in respect of the guarantee, security or agreement to indemnify, (iii) the rights of that other person against the purchaser, or against a person with whom the purchaser does not deal at arm's length, in respect of the collection of all or part of the purchase price are limited to a maximum amount, are enforceable only against certain property, or are otherwise limited by agreement, or (iv) payment of that amount is to be made in a foreign currency or is to be determined by reference to its value in a foreign currency and it may reasonably be considered, having regard to the history of the exchange rate between the foreign currency and Canadian currency, that the aggregate of all such payments, when converted to Canadian currency at the exchange rate expected to prevail at the date on which each such payment would be required to be made, will be substantially less than that aggregate would be if each such payment was converted to Canadian currency at the time that each such payment became owing, (b) that the purchaser or a person with whom the purchaser does not deal at arm's length is entitled at any time to receive, directly or indirectly, or to have available (i) as a form of assistance from a government, municipality or other public authority, whether as a grant, subsidy, forgiveable loan, deduction from tax or investment allowance, or as any other form of assistance, or (ii) by reason of a revenue guarantee or other agreement in respect of which revenue may be earned by the purchaser or a person with whom the purchaser does not deal at arm's length, to the extent that the revenue guarantee or other agreement may reasonably be considered to ensure that the purchaser or person will receive a return of all or a portion of the purchaser's outlays in respect of the tax shelter, (c) that is the proceeds of disposition to which the purchaser may be entitled by way of an agreement or other arrangement under which the purchaser has a right, either absolutely or contingently, to dispose of the interest in the tax shelter (otherwise than as a consequence of the purchaser's death), including the fair market value of any property that the agreement or arrangement provides for the acquisition of in exchange for all or any part of the interest in the tax shelter, and (d) that is owed to a promoter, or a person with whom the promoter does not deal at arm's length, by the purchaser or a person with whom the purchaser does not deal at arm's length in respect of the acquisition of an interest in the tax shelter, but, except as otherwise provided in subparagraph (b)(ii), does not include profits earned in respect of the tax shelter. [17]     Thus, a tax shelter exists if a taxpayer acquires a property and if the amount of loss claimed as a deductible in calculating the taxpayer's income for that property is greater than the value of the benefits prescribed by regulation. ...

The Appellant pointed to the testimony of the auditor in which she stated that she would have considered an invoice showing an Ontario address as a domestic sale and treated it accordingly. ... (as he then was) considered an appeal from an assessment under the Excise Tax Act where the Minister disallowed a claim for ITCs. ... Ms Jaswal in cross examination, however, did acknowledge that she would have considered an invoice showing an Ontario address as in the case of Aluma Systems as a domestic sale, not an export sale. [50]          Two factors reduce the Minister's initial assessment. ...