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Like assessments were not issued against Mr Justice Hoyt and F G Flemming perhaps because the Minister considered it expedient not to do so as they were not present at the meeting of the Board at which the dividend was declared. ... The fact that an appeal may be provided is but one circumstance to be considered in the exercise of that discretion and is not of itself conclusive. ...

One can infer from Viscount Cave's dictum that if the benefit or value derived from the acquisition of an asset is consumed in the year in which it was acquired, or over at least a two-year period, the cost of the acquisition of the asset or advantage might reasonably be considered as a revenue expenditure. ... The proposed and agreed method of payment provides an indicator, or at least an inference that the purchased customer lists were considered in the nature of a profit yielding asset capable of projected earning capacity. ...

Defendant pleads that furthermore after March 8,1974, plaintiff must be considered as itself the manufacturer in the sense of Article 27 of the Excise Tax Act and thus responsible for the payment to defendant of excise tax on the merchandise on which it exercised its rights. ... Until this notice was given Canabureau must be considered insofar as the Crown is concerned as the creditor of the amounts due arising from the furniture sale, notwithstanding prior assignment of these accounts by Canabureau to the bank, and hence Canabureau Ltd was the Crown’s creditor as well as debtor at the same time to the extent of the amounts due under the provisions of the Excise Tax Act, so that the provisions of subsection 52(9) thereof were properly applied in order to set same off by way of compensation. ...

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. ... He may very well have considered himself entitled to the deductions because of what Dickson, J called the “awkwardly worded and intractable” section 13. ...

A reduction of one-third to one-half is not Slight and would not have been considered as such by anyone, if imposed. ... The court must look at all of the evidence, for it is the substance and not the form nor the terminology which must be considered, and it is the true intention of the parties which governs. ...

Mr Staines considered Mr Chapman more as an agent for the company than as a distributor, although at that time he was not in the company’s employ. ... It is common ground that it was entirely proper to make the payments which it did to the partnership and I find that these were made primarily in order to cancel the rights which the partnership had in its non-exclusive agreement with appellant, whether this is considered as an agency agreement or not, so that appellant could thereby earn additional income by being relieved of the necessity of providing the merchandise in question at a 40% discount, and in view of a change in its business policy whereby it now proposed, in addition to selling to distributors, to sell directly to the retail trade which it at all times had had a right to do. ...

I agree that, in deciding whether or not any activity may be classed as a business under the provisions of s 7(l)(b) of the Assessment Act, all relevant factors regarding an operation must be considered and weighed. However, they must be considered and weighed in order to determine not whether in some general sense the operation is of a commercial nature or has certain commercial attributes, but whether it has as its preponderant purpose the making of a profit. ...

., [1988] 2 C.T.C. 2227, 88 D.T.C. 1571, simply confirmed that an officer of a corporation is to be considered to be its employee, but it does not really deal with paid or unpaid, full-time or part-time employees, as could throw much useful light on the contentions at hand. ... Webster's Ninth New Collegiate Dictionary: Full-time. employed for or involving full time (—employees) (—work) Full time: the amount of time considered the normal or standard amount for working during a given period. ...

For a number of reasons, most of which are not pertinent, the transaction with Cockshutt fell through primarily because of difficulties with respect to obtaining from the municipality the approval for an access from the Cockshutt location to Kennedy Road; the site was considered to be too close to a railway right-of-way. ... What is the line which separates the two classes of cases may be difficult to define, and each case must be considered according to its facts; the question to be determined being — Is the sum of gain that has been made a mere enhancement of value by realising a security, or is it a gain made in an operation of business in carrying out a scheme for profit-making?” ...

The Minister’s contention that the income of the company of Bernard Feinstein Inc should not be considered as separate and distinct from the business income of Mr Feinstein personally appears to have been the result of certain carelessness on his part in correspondence and in his tax returns which, although prepared by his auditor were signed by him and he is therefore responsible for the contents. ... The fact that Primrose chose to overlook the separate corporate existence of Bernard Feinstein Inc in the manner in which the letter is drawn is not in my view sufficient to conclude that all of the company’s income, not only from this contract but from all other contracts entered into verbally with other manufacturers should be considered as income of Mr Feinstein personally. ...