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  [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). ...

Counsel provided this Court with a copy of that decision, and it has been considered. ... Once this is realized, it becomes clear that the cost of the securities to the appellant must be expressed in Canadian currency at the exchange rate prevailing at the time of their acquisition while the valuation of the proceeds of disposition of the same securities must be made in Canadian currency at the rate of exchange prevailing at the time of the disposition. [34]            In the case now under appeal, the Judge considered Gaynor but concluded, on the basis of Bentley v. ... By virtue of subsection 248(26), that debt obligation would be considered to be issued on October 16, 1989, and to have a principal amount at that time equal to $102,517,158. ...

  [28]     Set out below are the relevant provisions of the GAAR:   245 (1) In this section, "tax benefit" means a reduction, avoidance or deferral of tax or other amount payable under this Act or an increase in a refund of tax or other amount under this Act, and includes a reduction, avoidance or deferral of tax or other amount that would be payable under this Act but for a tax treaty or an increase in a refund of tax or other amount under this Act as a result of a tax treaty;             … "transaction" includes an arrangement or event.   245(2)  Where a transaction is an avoidance transaction, the tax consequences to a person shall be determined as is reasonable in the circumstances in order to deny a tax benefit that, but for this section, would result, directly or indirectly, from that transaction or from a series of transactions that includes that transaction.   245(3) An avoidance transaction means any transaction   (a)        that, but for this section, would result, directly or indirectly, in a tax benefit, unless the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the tax benefit; or (b)        that is part of a series of transactions, which series, but for this section, would result, directly or indirectly, in a tax benefit, unless the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the tax benefit.   245(4) Subsection (2) applies to a transaction only if it may reasonably be considered that the transaction   (a)        would, if this Act were read without reference to this section, result directly or indirectly in a misuse of the provisions of any one or more of (i)         this Act, (ii)        … or (b)         would result directly or indirectly in an abuse having regard to those provisions, other than this section, read as a whole.   245(5) Without restricting the generality of subsection (2), and notwithstanding any other enactment,   (a)        any deduction, exemption or exclusion in computing income, taxable income, taxable income earned in Canada or tax payable or any part thereof may be allowed or disallowed in whole or in part, (b)        … in determining the tax consequences to a person as is reasonable in the circumstances in order to deny a tax benefit that would, but for this section, result, directly or indirectly, from an avoidance transaction ... The CRA indicated that the transaction could be an avoidance transaction and could be considered a misuse of subparagraph 212(1)(b)(vii). ...

He mentioned that under a financing arrangement such as that negotiated by the appellant, three elements had to be considered: the interest rate, the [Translation] "repayment" period and the warranty. ... According to the argument by counsel, all these elements forming the basis of the agreement are the same ones considered by the CICA in determining whether a lease is a capital lease, that is in substance an acquisition of an asset by the lessee. ... For the purposes of this legislation, the solution must be considered on the basis of the nature of the agreement between the parties. ...

., [1985] 2 W.W.R. 159; 47 C.P.C. 294 to argue that post-Charter retention of pre-Charter obtained evidence can be considered in relation to sections 8 and 24 of the Charter. ... Thus, although Martin, J.A. considered pre-Charter events, the application of paragraph 11(b) of the Charter was not retrospective, since the Charter provision invoked was applied to the facts existing at the time it was applied. ... He then went on to say that with the passage of the Charter and, in particular, sections 8 and 24 thereof, the order made by the motions court judge could equally be considered to have been made under subsection 24(1). ...

Royalties, which are akin to rental payments, have invariably been considered as income since they are either based on the degree of use of the right or on the duration of the use, while a lump sum payment for the absolute transfer of a right, without regard to the use to be made of it, is of its nature considered a capital payment, although it may of course be taxable as income in the hands of the recipient if it is part of that taxpayer’s regular business. ... Moreover, while the agreement does say that HFE would provide “up-to-date market research and information...” and would “investigate... activities in the Far East which relate to Hasbro Canada or which might provide additional business opportunities for Hasbro Canada...”, it is doubtful whether such information could ever be considered know-how. ... Minister of National Revenue (1990), 90 D.T.C. 1269 (T.C.C.), it has been decided that, where a payment can reasonably be considered to be in part for something taxable and in part for something non- taxable, there is an onus on the Minister to specify which portion of the payment is subject to the taxing provision relied upon. ...

Thus, in my view, transactions similar to those of the taxpayer in this case were considered and rejected by Bronfman Trust, supra, by Zwaig, supra., and by Robitaille, supra., and the matter of interest deductibility in cases such as this one has been settled. 3. ... It is hard to imagine a transaction which could not be manipulated to comply with the words “used for the purpose of earning income” if the direct, current use of the borrowed funds is the only segment to be considered. [33] Such a narrow reading of section 20(I)(c) is untenable. ... I reviewed the legislative history of the interest deduc tion in Shell Canada, supra, noting at paragraph 30 that interest deductibility was considered by Parliament to be a legitimate expense to the extent that it is a business expense incurred to earn taxable income. ...

The works of the company are, in the jurisdictional aspect, to be considered as if they had been specifically set forth in section 91 (29) of the B.N.A. ... The meaning to be ascribed to the word "works" in exception (c) to head 10 of section 92 of The British North America Act has been considered in City of Montreal v. ...

This, they said, was supported by the fact that, after 1870, government officials commonly described the land as an "Indian Reserve" or an "Indian Reservation". [27]            As further evidence that both the Mi'kmaq and the Newfoundland Government considered the land to be a reserve, counsel for Mr. ... Lake, a non-Aboriginal, was operating a sawmill "on what they considered to be their reservation", to use the Governor's words. ... Thus, while he considered that the 1870 Minute did not create a reserve, he based his conclusion on the entirety of the evidence respecting the intention of the Crown expressed in the Minute. ...