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The Trial Judge considered the evidence before him in order to determine whether the two partnerships had the “required degree of substance” or if they were “mere camouflage for what was essentially a tax-driven scheme for the purpose of redirecting income which would otherwise have accrued to the [taxpayer]” [3]. ... In the Supreme Court’s recent decision in Continental Bank, Justice Bastarache, speaking on behalf of the entire Court with respect to the partnership issue, outlined various factors to be considered when assessing whether a valid partnership has been established. ...

Subsection 194(2) provides: 194(2) In this Part, the “Part VIII refund” of a corporation for a taxation year means an amount equal to the lesser of (a) the total of (i) the amount, if any, by which the scientific research and experimental development tax credit of the corporation for the year exceeds the amount, if any, deducted by it under subsection 127.3(1) from its tax otherwise payable under Part I for the year, and (ii) such amount as the corporation may claim, not exceeding 50 per cent of the amount, if any, by which (A) the total of all expenditures made by it after April 19, 1983 and in the year of the immediately preceding taxation year each of which is an expenditure (other than an expenditure prescribed for the purposes of the definition “qualified expenditure” in subsection 127(9)) claimed under paragraph 37(1)(a) or (b) to the extent that the expenditure is specified by the corporation in its return of income under Part I for the year exceeds the total of (B) the total of all expenditures each of which is an expenditure made by it in the immediately preceding taxation year, to the extent that the expenditure was included in determining the total under clause (A) and resulted in (I) a refund to it under this Part for the immediately preceding taxation year, (ID) a deduction by it under subsection 37(1) for the immediately preceding taxation year, or (III) a deduction by it under subsection 127(5) for any taxation year, and (C) twice the portion of the total of amounts each of which is an amount deducted by it in computing its income for the year or the immediately preceding taxation year under section 37.1 that can reasonably be considered to relate to expenditures that were included in determining the total under clause (A); and (b) the refundable Part VIII tax on hand of the corporation at the end of the year. ... must be considered in two parts. The first is whether, when the certificate was issued, it was for the amount of Hitec’s liability under Part VIII of the Income Tax Act. ...

The Queen, [1998] G.S.T.C. 91). [4]            Counsel for the respondent agreed with the proposition that a due diligence defence is available with respect to a penalty for failure to file a return, but did not concede that due diligence has been made out. [5]            For reasons that are set out more fully below I do not think that the appellant was resident in Canada in the years in question and accordingly the subsidiary issues need not be considered. [6]            The appellant did not sojourn in Canada for 183 days or more in any of the years 1992, 1993 and 1994 and so the statutory condition in paragraph 250(1)(a) is not met. ... They must be considered in the light of the basic premises that everyone must have a fiscal residence somewhere and that it is quite possible for an individual to be simultaneously resident in more than one place for tax purposes. ...

These circumstances must be taken into account, but must be considered against an objective "reasonably prudent person" standard. b.         ... For that reason, not concerning herself in any way with the company’s tax remittance obligations alter September 2001 can not be considered to have been exercising the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in comparable circumstances. ...

Justice Cory observed at 265, 6448: There can be no question that the issuing of a search warrant pursuant to s. 231.3 of the Income Tax Act must be considered to be an order of a judge. ... The Pacific Press case was considered by the Supreme Court of Canada in Descôteaux. v. ...

Wallace, J. considered section 93 of the Companies Act of B.C., which provided that "the wages or salary of any employee" shall be paid out of any assets coming into the hands of a receiver appointed under a debenture secured by a charge upon all or substantially all of the assets of a company, “in priority to any claim for principal or interest in respect of the debentures". ... It remains to be considered whether the assignee of book debts is a "secured creditor" as that phrase is used in subsection 224(1.2) and defined in subsection 224(1.3). ...

I am not so satisfied and thus, I do not think that the Appellant's submissions that declaratory trusts may have been created ought to be considered by this Court or need to have been considered by the learned trial Judge. ...

Second, if property was once considered inventory it is not necessary to always be classified as inventory, but there must be sufficient evidence before the court to satisfy it that there has been a change of character for the appellant to succeed. ... We should not concern ourselves with some theoretical exercise once the vendor and purchaser, dealing at arm’s length, have decided in their minds what the proceeds of disposition were. [6] The CIBC was not deal ing with the purchaser and the amount forgiven Prenel by the CIBC cannot be considered part of Prenel’s proceeds of disposition of the 137 Avenue Lands. ...

He also considered the amount of $1,229,990 paid by Queenswood No. 1 to be a fee and not an amount paid as a reduction of the debt owing. ... In that case, the forgiveness, of a debt incurred pursuant to a borrowerlender relationship, was considered to be on capital account because the forgiveness of the debt was not something to be included in the normal trading operation as it had been conferred as an act of grace. ...

  [6] This hierarchy is recognized in the CRA Audit Manual where at Chapter 28.3.1 it states:” When the unreported income amount is $5,000.00 or more, a penalty under 163(2) of the ITA must be considered first. ... Paragraph 11 states: “If the CRA accepts a [voluntary] disclosure as having met the conditions set out in this policy, it will be considered a valid disclosure and the taxpayer will not be charged penalties or prosecuted with respect to the disclosure.” [16] It was somewhat fortuitous that I was able to see the complete picture and not just the situation vis-à-vis the federal penalty. ...