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The rationale behind this presumption is that assets with income-producing potential are typically regarded as investments, and gains derived from the sale of such assets are generally considered to be capital gains. ... Rudolph did not sell any shares in the capital of Keltic during the relevant period except for the 910,000 shares is not relevant. [126] I have also considered the fact that 4Gas B.V. and Maple LNG Ltd. did not carry out the purchase of the liquefied natural gas component of the integrated project in accordance with the Purchase and Sale Agreement dated March 14, 2006, that LyondellBasell Industries was in bankruptcy proceedings and that, consequently, Mr. ...

If it is determined that the supplier made multiple supplies, the deeming provisions in sections 138 and 139 of the GST Act must be considered. [98] When determining the factual question of whether a supplier has made a single supply or multiple supplies, the Court must follow the decision of the Supreme Court of Canada in Calgary (City) v. ... One must examine the true nature of the transaction to determine the tax consequences.... [15] [104] When reaching his decision, Justice Rip made the following observations: One factor to be considered is whether or not the alleged separate supply can be realistically omitted from the overall supply. ...

As a result, I will use Canadian law to make my decision on the agency issue and any other legal issue before the Court. [77]         The following definition of agency, by Gerald Fridman, has been quoted and applied in a number of decisions of Canadian courts: Agency is the relationship that exists between two persons when one, called the agent, is considered in law to represent the other, called the principal, in such a way as to be able to affect the principal’s legal position by the making of contracts or the disposition of property.... ... If it is determined that multiple supplies were made then the deeming provisions in section 138 and 139 of the  HST Legislation  must be considered. [29]      The factual question of whether a supplier has made a single supply or multiple supplies has been considered by the Court and the Federal Court of Appeal on numerous occasions. ...

He considered rental revenue at the standard legislated amount of a 2.9 percent increase for below-market units and also other sources of revenue such as parking, laundry and cable before deducting a 2.5 percent allowance for vacancy and bad debt. ...

Harvey allowed his daughter to use the vehicle, then I would have considered the vehicle to have been being used for personal purposes at the time of the accident and not allowed the repair expenses to be claimed. ...

According to Côté, supra, an interpretation can be considered absurd if it leads to ridiculous or frivolous consequences, if it is extremely unreasonable or inequitable, if it is illogical or incoherent, or if it is incompatible with other provisions or with the object of legislative enactment (at pp. 378-80). ...

As soon as it was discovered that the necessary capitalization needed to issue the preference shares had not been obtained the directors and shareholders took the steps that they considered necessary to cure the defect. ...

If the increase in net worth plus the amount of personal expenditures exceeds the reported income and non-taxable sources of cash (not including loans that would already be included in determining the net worth) the excess is considered to be unreported income, unless the taxpayer can demonstrate that it is not income ...

Considered separately neither of these elements justifies a disallowance of the interest paid under subsection 245(1). ...

The interest liability should not subsequently be considered contingent due to the possibility of a declining real estate market or skyrocketing interest rates. [44]          There is no evidence at the time this provision was agreed to that there were any exceptional circumstances to suggest it was some interest deductibility scam. ...