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In furtherance of that public interest, the disclosure of privileged information that may reasonably be required by an auditor for the purposes of providing a fairness opinion will not be considered to constitute an unlimited waiver of SCP, when such disclosure is made in confidence and solely for that purpose ...   [62]            This second line of jurisprudence has identified numerous factors to be considered by a Court in determining whether to exercise its discretion to maintain SCP over documents that have been inadvertently disclosed ...   [64]            A number of additional factors to be considered by a Court in determining whether to exercise discretion to maintain privilege over inadvertently disclosed documents were identified by Wein J. in Airst v Airst, [1998] OJ No 2615, at paras18-19 [Airst]. ...

The subsequent commentary by the House of Lords on the decision in Evans Medical Supplies is significant as indicating what are to be considered the distinguishing features of that case. ... The appellant contended that it was well established by a long line of authorities that a payment of this character was to be considered to be capital. ... It is my opinion, therefore, based on this line of authority, that the fact the lump sum payment in the present case was given for a licence to use patents as well as for “know-how” does not add any significant force to the appellant’s contention that the sum must be considered to be capital. ...

In dealing with the question of whether the transactions, which resulted in the losses claimed by the plaintiff, are considered to be an adventure in the nature of trade, I agree that the issue is not whether loans can be part of an adventure in the nature of trade because they are part and parcel of the acquisition because the case law referred to by counsel for the plaintiff clearly shows that loans in the proper circumstances have been considered to be an adventure in the nature of trade and that much was conceded by counsel for the defendant. ... M.N.R., [1990] 2 C.T.C. 2068, 90 D.T.C. 1605, I note that each can be distinguished on the facts and that the key element in the various conclusions was that the evidence showed that the transaction, be it a loan or the acquisition of shares, was conducted for the purpose of making a profit and therefore was considered to be an adventure in the nature of trade. Based on the evidence before me, I am not satisfied that the operating motivation of the plaintiff in making the loans was that of profit and therefore the transactions in question could not be considered an adventure in the nature of trade. ...

He was only required to put up $2,580.60 with the broker as it was only this spread that was considered to be at risk. ... Even on the judge's theory that a partnership could only be considered to commence when the spouse engaged in a transaction, and that the spouse's transaction occurred when there was no possibility of profit, he seems to have ignored two of the eight transactions entered into by Mr. and Mrs. ... However, he distinguished Schultz on the basis that, in Schultz, the Court considered the separate transactions as the trading transactions and did not consider that a convertible hedge was a separate identifiable property. ...

Mullen, causing considerable inconvenience, that such costs may more likely not be considered to be of a personal nature. ... I considered sending this point back to the Parties for further submission but instead have determined that a 75%- 25% allocation is appropriate. ... Her Majesty the Queen the Court considered whether the Appellant could claim ITC’s in relation to fees paid for the preparation of financial statements of five related companies owned by the Registrant’s members. ...

He referred in argument to certain English cases which might have some bearing on the issue although the british Act is different since it contains no statutory provision such as Section 7(1) and in the absence of some such statutory provision the British courts have encountered some difficulty in breaking down instalment payments into capital and interest components, and in some instances have considered themselves bound by the form and legal effect of the transaction (see: Foley v. ... He insisted that he had never considered the factor of better utilization (which he explained as resulting from the fact that a 12 inch base is no longer now left, but merely a 6 inch base and that the small trees are no longer left in the ground), or the factor of twenty years’ growth in order to upgrade the Eustace Smith cruise at the time of his negotiations with Canadian Forest Products, but that the significance of these factors had only dawned on him between that time and the commencement of negotiations for the sale to Weld wood of Canada Limited. ... Since there is no indication, however, that in connection with the present sale the vendor ever considered selling for $6,250,000 with interest (nor for that matter that this offer had been made to Canadian Forest Products) this becomes a mere assumption on the part of the Minister, not based on any evidence and not a “reasonable” conclusion as required by Section 7(1). ...

The Queen, [2] Bowman J. considered this definition and postulated the following as the correct approach to be taken in applying it.   1.         ... If, for example, the same vehicle was used in the yard to perform functions in connection with maintenance and several trials that were being conducted concurrently, then the cost of operating that vehicle, including the fuel used in it, would properly be considered overhead. On the other hand, diesel fuel used in shipping cattle that were the subject of one of the trials to a pasture or to a feedlot would more properly be considered a direct cost of that trial. ...

The examination of such person shall be limited to the line of inquiry that was frustrated by the refusal of the representative of the Appellant to answer questions related to what the board of directors considered in making the decision to approve the acquisitions of the preferred shares that are in issue in this appeal or to seek any further information from the former members of the board of directors in relation to this. ... Jobin to questions relating to what the board of directors considered in making the decision to approve the acquisitions of the preferred shares that are in issue in this appeal. ... For example, at paragraph 6.44 of the Reply, the Respondent states that when determining the Appellant’s tax liability for the 2002-2005 taxation years, the Minister made the following assumption of fact: “it can reasonably be considered that the principal purpose for the acquisition of the BATII Preferred Shares by ITCAN was to avoid, reduce, or defer the payment of tax otherwise payable by ITCAN [the Appellant]” ...

  [49]         I do not disagree with the principles set forth in these cases, but it is a matter of degree of activity and nature of activity that must be considered. ... In the original   Moldowan   decision, these factors were enumerated as follows:   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. ... Can this hope be considered a reasonable expectation of profit? Let us look at some of the factors.   ...

A total of $37,589 in interest on the first mortgages was considered in computing net income. 4. ... The Supreme Court further confirms that it is the current use of the borrowed funds which must be considered, and not the original use. ... I therefore find that the interest paid after the business bankruptcy in 1983, 1984 and 1985 must be considered in calculating the business investment loss. 4.05.5 However, this conclusion does not affect the fact that since the 1980 to 1984 taxation years were nil the reassessments are upheld (3.03). ...