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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. ... Moldowan, supra, has been considered at length twice by the Federal Court of Appeal. ... Moldowan suggests that there may be a number of factors to be considered but we are here concerned only with three: time spent, capital committed and profitability. ...

I note that the degree, if any, to which the issues addressed in these appeals are relevant to others is considered under the factor in paragraph 147(3)(c). 3. ... However, I also conclude that the issues addressed in the appeals were neither complex nor materially relevant to others. [30] I raise this latter finding here because, while the quantum of the fees and the rates charged must always be considered, this is particularly so when the issues are neither important to others nor complex. ... Unsuccessful defendants should expect to pay similar amounts by way of costs across similar pieces of litigation involving similar conduct and counsel, regardless of what arrangements the particular plaintiff may have concluded with counsel. [31] I have considered the factors in the context of the appeals as a whole and the quantum of legal fees incurred by the Appellants and conclude that a lump-sum award of 35% of the legal fees of $1,295,019.50 incurred by the Appellants in lieu of taxed costs, being the amount of $453,257, is reasonable and appropriate as a contribution towards the legal fees incurred by the Appellants. ...

In the first instance interest rates began to go up and since they had very little profit margin they considered applying for a conventional mortgage. ... I have considered all of the evidence, both testamentary and documentary, and have concluded that the appeals cannot succeed. ... Jason Rodd said that notwithstanding their inability to obtain a conventional loan he never considered abandoning his efforts to acquire the property, principally because he was aware of two “back-up offers" which were in place. ...

The summaries were reviewed; he considered their best estimates as to what the profitability of the appellant might be, and together they made a determination as to a reasonable appropriation of profits of the company to the shareholders and employees of the company. ... Other factors considered were the services rendered by the Silverbergs and the Kamans; the fact that the services were real and identifiable; and the fact that they had not taken or drawn reasonable amounts prior to the accrual of the bonuses by way of ordinary salaries or withdrawals. ... Although the resolution dated December 29, 1981 contains the following language: Upon motion regularly made, seconded and unanimously carried, it was duly resolved that the sum of $80,000.00 be appropriated out of the profits of the Corporation for the fiscal year ending December 31, 1981 for bonuses to be paid to the following persons at a future date: To: Jerry Silverberg $25,000.00 To: Norman Kaman 25,000.00 To: Carol Silverberg 15,000.00 To: Brenda Kaman- 15,000.00 This resolution must be considered in light of all of the facts before me including the evidence of Kaman and Silverberg (The Queen v. ...

They were authorized to make any order with respect to property in dispute that they considered "fair and equitable”. ... Section 22(2) of the previous Act permitted a judge to make any order with respect to property in dispute that he considered “fair and equitable”. ... Examples of the relevant facts and circumstances to be considered when distributing matrimonial property other than matrimonial home are set out in s. 21(2) of the Act. ...

MacDonald considered the building on #2 to be valued at $75,000 ($90,000 = $15,000 for land) and since it contained only 1400 square feet of space he added on 15 per cent to make it comparable to the subject property which had 2150 square feet — an addition of $11,300. ... Allocation of this is considered to be: Land Value $ 76,500.00 Value of Improvements 123,500.00 Total Value 200,000.00 There is little reason to seriously question any of the methodology used by Mr. ... Said marriage is considered to be represented by a value per acre between that offered by 2 above (Sales Closest in time to Appraisal Date) at $42,351. per acre and sale #5 at $51,948.00 per acre. ...

Classes of Farmers The Supreme Court of Canada considered this "awkwardly worded and intractable” provision (then subsection 13(1)) together with the whole of the Income Tax Act in William Moldowan v. ... The dedication the taxpayer has to making the farm profitable must also be considered. ... Justice Ryan of the Federal Court of Appeal considered the possibility that a source may be a source of income in a particular year although it did not yield a profit in that year and therefore to determine the chief source for a year it appears pertinent:...to look at each of the taxpayer's sources from the point of view of capacity for present or future profit or for both when one is seeking to determine his chief source of income in that year. ...

Fletcher considered and rejected a suggestion to pay down the mortgage on his new house, concluding "that as long as the money could be applied, and earned more money than I would save by paying down the mortgage, then he should apply the money elsewhere.... ... He concluded this argument by stating: Now, it doesn't appear that the courts have directly considered that question as to when the constructive trust arises. ... At page 848 (D.L.R. 237) Dickson, J. considered how one might approach the question of unjust enrichment in matrimonial causes. ...

In his financial projections the appellant disregarded depreciation or capital cost allowance matters in arriving at what he considered to be the profitability of his investment. ... It is to be considered as an agreed statement of facts as outlined in a covering letter dated March 25, 1986. ... And having considered the many positive features of the overall plan, he felt it was a good investment based on reasonable assumptions, even with a long-term being projected. ...

For this reason, only the amount of $46,040 may be considered non-taxable as a reimbursement for losses. The balance of the $60,000 or $13,960 must be considered as a benefit under paragraph 6(1)(a) of the Income Tax Act. ... M.N.R., [1970] C.T.C. 330; 70 D.T.C. 6237 where the Minister considered that the appellants received a taxable benefit in attending, with their wives, at the expense of the company, a six-day, all expenses paid trip to Nassau. ...