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In finding that the taxpayer received a benefit from employment in the year in which the warrants were transferred to him rather than in the subsequent year (following substantial appreciation in the value of the shares of the client) when he exercised those warrants, Ryer J.A. stated (at para. 21): "To summarize, Robertson may be considered to stand for the proposition that where, in the course of an employment relationship, an employee receives a right to acquire property from his or her employer upon the fulfilment of a condition or contingency, the receipt of that right will not constitute a paragraph 6(1)(a) benefit to the employee and such a benefit will not arise until the condition or contingency has been fulfilled. ...

Sommerer, 2012 DTC 5126 [at at 7219], 2012 FCA 207-- summary under Subsection 104(1) Summary Under Tax Topics- Income Tax Act- 101-110- Section 104- Subsection 104(1) Austrian foundation likely not a trust Before allowing the taxpayer's appeal from an assessment made on the basis that s. 75(2) applied to attribute a capital gain realized by an Austrian private foundation (founded by the taxpayer's Austrian father) to the taxpayer, Sharlow J.A. noted (at para. 38) that she considered it a "doubtful proposition" that the foundation was a trust, even though the taxpayer's counsel had not argued this alternative basis for overturning the assessment. ...

Before concluding that Canadian premises of PanCan were not a fixed base of the taxpayer, Sharlow J.A. indicated that the factors to be considered included "the actual use made of the premises... whether and by what legal right the person exercised or could not exercise control over the premises, and the degree to which the premises were objectively identified with the person's business", and noted that the taxpayer had access to the offices of PanCan only during PanCan's office hours and only for the purpose of providing services required by the contract and that he had no right to use the offices as a base for the operation of his own business. ...

Having failed to take that obvious and simple step, she cannot claim to have considered the matter thoughtfully, deliberately and carefully as a wise and prudent person would have done. ...

But when the leasing transactions are considered independently, London Life is supplying the leasehold improvements to the landlords for the consideration of the leasehold improvement allowances. ...

The Queen, 86 DTC 6364 (FCTD) could no longer be considered good law and went on to state (at p. 6083) that "you cannot treat a non-compensatory receipt in the same manner as a compensatory one simply because both arise from the same transaction". ...

Neither party had considered the written agreement to have ever been cancelled. ...

Neither party had considered the written agreement to have ever been cancelled. ...

The necessity to determine primary purpose implies that there is more than one purpose and that the transaction is to be considered as a whole. ...

It was reasoned that the mere holding of inventory does not constitute a use of the property for an income-producing purpose in the context of considering a conversion of depreciable property to inventory (or vice versa) – whereas inventory should be considered to be income-producing property in the context of a conversion of personal-use property to inventory, or vice versa. ...