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.: — It was agreed at the outset that the two matters would be heard at the same time and the evidence would be considered in each appeal where relevant. ... At first the figure was allotted among all six shareholders but then it was considered to be an expense of the three plaintiffs only and the benefit was allotted among them. ... There was no distribution of assets that could be considered to be the deemed benefit. ...

The proper approach must be a functional one, and the scheme must be considered as a whole, taking into account the intent of the legislation, its object and spirit and what it actually accomplishes (Stubart Investments Ltd. v. ... There is much jurisprudence in Canada, the United Kingdom and the United States in which the question whether provisions in a statute are directory or imperative has been considered. ... In others, such prescriptions have been considered as merely directory, the neglect of them involving nothing more than liability to a penalty, if any were imposed, for breach of the enactment. ...

Background: [4] On June 23, 2016, the Appellant filed with the Minister a PSB rebate application seeking a GST/HST rebate of $62,620.35, for a claim period identified as January 1, 2014 to December 31, 2014. [5] Subsections 297(1) and (2) of the Act read: (1) Assessment of rebate- On receipt of an application made by a person for a rebate under section 215.1 or Division VI, the Minister shall, with all due dispatch, consider the application and assess the amount of the rebate, if any, payable to the person. (2) Reassessment- The Minister may reassess or make an additional assessment of the amount of a rebate, notwithstanding any previous assessment of the amount of the rebate. [6] As required by subsection 297(1), the Minister considered this (Division IV) PSB rebate application of June 23, 2016. ... Bains’ notices of confirmation stated also that the two January 11, 2019 PSB rebate applications were “late filed” and so could not be considered, “regardless of the circumstances”. [27] In its Notice of Appeal to this Court, the Appellant pleads that its two January 11, 2019 PSB rebate applications were amendments of its June 23, 2016 rebate application; and as well that its January 17, 2019 PSB rebate application amended the claim period erroneously expressed as commencing June 1, 2014. [28] In argument, Appellant’s counsel referenced a brief CRA document dated September 11, 2014 and entitled “Adjust a Return or Rebate”. ... Analysis: [35] The question is whether the June 23, 2016 PSB rebate application for a rebate of $60,620.35, which application the Minister on July 20, 2016 considered and then assessed the appropriate rebate as nil, and which assessment was not objected to, can on January 11, 2019 be amended and then re-considered? ...

Significance of a Determination as to Whether the Siblings Previously Occupied the Property as a Residence Prior to the Start of the Assessed Reporting Periods [26] The main factual dispute between the parties in connection with these appeals is whether the siblings resided at the Property at some point in time before the start of the assessed reporting periods. [27] Residential occupancy at the Property by the siblings is relevant to each of the three exemptions. [28] It is indirectly relevant to the Section 2 Exemption because an individual will be considered a builder under the definition in subsection 123(1) of the ETA if the subject property was acquired in the course of a business or an adventure or concern in the nature of trade. ... There is nothing in the language to suggest that the nature of residential occupancy at the property has to be as the individual’s principal place of residence. [38] Therefore, if the siblings are found to be builders in relation to the Property, a self-supply of the Property after the completion of construction or substantial renovation would arise if the siblings are considered to have occupied the Property as a residence (subject to the exemption under subsection 191(5) of the ETA), notwithstanding that the siblings could also be considered to be resident elsewhere for part of the relevant timeframe. [39] The Appellants assert that they occupied the Property as their residence late in 2012 or the start of 2013. [40] The only direct evidence tendered by the Appellants in support of their position was their respective testimonies. ... But I accepted the siblings’ testimony that those were not services that they considered essential in their circumstances. [45] In the result, I have concluded on a balance of probabilities that the Appellants occupied the Property as a residence at, or shortly after, the end of the 2012 calendar year. ...

This convention holds that the business is considered to be able to carry out the transactions in question and honour its commitments [17] in the foreseeable future. ... That is why it is considered that the supplementary notes are an integral part of the financial statements. ...   [46]          Even if standard SOP81-1 is not in itself considered to be a standard approved by the official body in the United States, nonetheless, by adopting it, Bombardier was considered to have applied GAAP. ...

He asserted that it was only when it leaves the plant that it is considered by the appellant and its insurance company to be at the risk of the customer. ... Although several problems were disclosed the initial results were considered satisfactory. ... Since the expenditures were not in fact paid for by Bruinsma then or later (although charged to him), for the purposes of this subsection the appellant could properly be considered as having made those expenditures. ...

  [5]   Saskferco described the offsetting transactions as a “natural hedge,” which is a term used to describe foreign currency receipts and expenses that, considered together, eliminate exposure to foreign currency fluctuations. ... The primary argument will be considered first.    Translation of revenues   [41]  For financial statement purposes, the appellant translated a portion of its U.S. dollar revenues at the rate of exchange in effect when the Notes were issued. ... Placer Dome Canada Ltd, 2006 D.T.C. 6532 (S.C.C.), which considered the meaning of “proceeds” from a mine for purposes of the Ontario Mining Tax Act.  ...

James had intended that the payment be considered support amounts eligible for deduction. ...   [11]         There are several cases that have considered what is meant by payable on a periodic basis. ... The legal obligation, even if considered to be created currently, is an obligation to make good the periodic payments, but more on this later ...

IT 73-R6 states in part: … A corporation that operates a hotel is generally considered to be in the business of providing services and not in the business of renting real property. Accordingly, the business is normally considered to be an active business rather than a specified investment business. ... The term "principal purpose" was judicially considered in Mayon Investments Inc. et al. v. ...

Ellis would be paid $125,000.00 per year, which he testified was about one half of the amount that could be considered appropriate remuneration for the position. ... Nothing in the evidence suggests that any of these should be considered to be trading transactions rather than investments.   ... By April 2000, his salary had been doubled to $250,000 per annum, which he considered to be appropriate remuneration for his position. ...