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Having regard to the above six examples of de facto ownership, there is no single example which, considered alone, would cause me to conclude that the amounts received and accrued by Texas and BV with respect to the notes were income from an active business. ...

Whether the Court should order a reassessment that would be a new basis of assessment was considered by Rothstein J.A. ...

One could conclude that since Parliament considered how to expand the class of people caught and did not specifically include widows and widowers, Parliament must have meant to exclude those individuals. ...

Does this power, even if this situation is not considered a Quistclose trust situation (as legal title is not held by the Appellants), give the Appellants some contingent beneficial interest in the express trust upon which the funds were held by FMC? ...

Of necessity, where the acquisition is made by an agent of the purchaser, the purchaser’s connection to the acquisition transaction and to the question of whether the vendor and purchaser were dealing at arm’s length will require that the agreement between the agent and the purchaser be considered.  ...

Contextual [45]         When the phrase “purported to renounce” in section 211.91 is considered within the context of the scheme for flow-through shares in the Act, it is apparent that the phrase does not just refer to CEE that is effectively renounced as the Appellant contends. ...

The nature and object of the contract are in no way affected. [47]         This approach is entirely consistent with the fundamental principles of tax law, according to which the intention of the parties may be considered but is rarely determinative, especially if it cannot be reconciled with the relevant facts underlying the dispute. [48]         In this case, the coverage in the event of a partial or total loss is essentially partial because the primary insurer covers the depreciated value; only the difference between the depreciated value and the replacement value is covered by the appellant. [49]         In its Notice of Appeal, [6] the appellant described the mode of compensation that applied when a client made a claim under the warranty: [translation] In no case did the warranty enable the client to claim an amount of money. ...

In effect, Polygon gave possession to each appellant of a "residential condominium unit", upon its substantial completion and each Appellant was the first individual to occupy it as a place of residence after substantial completion of the construction. [86] It only remains to be determined if one of the three constituent elements of paragraph 191(1)(b) is satisfied in the appeals at hand. [87] Having regard to the facts outlined above, only subparagraph (ii) of paragraph 191(1)(b) needs to be considered. [88] Subparagraph (ii) of paragraph 191(1)(b) requires for its application two conditions: (a) The first condition set out in clause A of subparagraph 191(1)(b)(ii) is that the builder of the complex gives possession of the complex to a particular person, under an agreement for the supply by way of sale of the building or part thereof in which the residential unit forming part of the complex is located. ...

These are different cases. [59]          In McKay, supra, Ruhl was considered but the Court did not pick up on the issue as to whether or not the vehicle in question was an "automobile" as it has been argued here. ...

., so as to reduce or postpone tax otherwise payable   103. (1) Where the members of a partnership have agreed to share, in a specified proportion, any income or loss of the partnership from any source or from sources in a particular place, as the case may be, or any other amount in respect of any activity of the partnership that is relevant to the computation of the income or taxable income of any of the members thereof, and the principal reason for the agreement may reasonably be considered to be the reduction or postponement of the tax that might otherwise have been or become payable under this Act, the share of each member of the partnership in the income or loss, as the case may be, or in that other amount, is the amount that is reasonable having regard to all the circumstances including the proportions in which the members have agreed to share profits and losses of the partnership from other sources or from sources in other places.   ...