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Reference was also made to the fact that there were minority shareholder interests to be considered in the case of Indal. ... Stracey considered Mr. Paterson to be his boss (see his evidence re: being asked by Mr. ... Implicit, if not explicit in the Stubart decision is the admonition that arrangements (or transactions) which lack a bona fide business purpose are to be considered within the context of subsection 245(1) of the Act. ...

All four were considered purchasers since all four contributed to the purchase price. ... His actions and his intentions are those of primary concern here, for the others ultimately followed his lead and must be considered to be bound by the intentions of Joe lula. ... In other words, I do not believe that he considered selling only after an offer too good to refuse was made. ...

  [19]        Since the income on which the U.S. tax was paid was not considered to be income under the Act, there was no source of income to the limited partnership against which the subsection 20(12) deduction could be taken ... Although what the taxpayer owns is the shares of ULC which is a Canadian corporation, the U.S. taxes paid can be considered to be in respect of such shares such that the deduction under subsection 20(12)... would not be denied... ... Dividends from those shares could not be considered income from the share of a foreign affiliate, since NSULC was a Canadian corporation and not a foreign affiliate of Dorr-Oliver ...

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. ...