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MacKay J. also noted that the question of what constituted a "mineral resource" for purposes of subparagraph (iii.1) should be interpreted in light of the industry practice of only committing development expenses when a reserve had been established that was considered to be likely to produce a satisfactory profit from production, and stated (p. 5333) that "resources which lie within the ambit of the reserve to be recoverable by a particular development project... are the 'mineral resource' or coal deposit intended by s/p(iii.1)". ...

Any revised notice or amended notice that does not change the Minister's decision cannot be considered a substitute for the Notice of Confirmation. ...

" Walsh J further stated that even if the value of the lands (net of the first mortgage liability) had been insufficient to pay the amounts (including interest) owing to the appellant, the value of the lands acquired (net of the assumed first mortgage) would be attributed first to interest, with any remaining balance attributed to capital, so that any value shortfall would not have the effect of reducing the amount of interest considered to have been received by the taxpayer under s. 6(1)(b) of the pre-1972 Act. ...

After finding that the transactions were legally effective and dealing with extensive submissions on the Stubart guidelines, MacKay J. stated (pp. 5570-5571): "I am not persuaded that when considered together the steps adopted by the Society were in substance to synthesize a deduction, to create bookkeeping entries to reduce income for tax purposes... ...

It was found that on the same incorporation transactions she had assigned to the corporation her right to receive gallonage and other rental payments from BP under the head lease as well as assigning the head lease and sublease (considered as an integrated whole). ...

Initially, when approached separately by these two companies, the Department of National Revenue considered that the filter tip should be included in the length but, after further submissions, reversed its position two months later. ...

Factors such as unorthodox behaviour of the taxpayer and evidence regarding potential dissipation of assets by the taxpayer may be considered. … I am satisfied that there are reasonable grounds to believe that the funds now in the hands of the Minister would likely be jeopardized if returned to the Respondent. ...

Mosley J sent the file back for a redetermination on the issue of the penalty for 2011, partly on the basis that the CRA delegate had incorrectly considered the 2011 and 2012 income tax returns to be overdue (so that there was little excuse for not also timely filing the related T1135s), whereas in his view she was under no obligation to file such returns. ...

Mosley J sent the file back for a redetermination on the issue of the penalty for 2011, partly on the basis that the CRA delegate had incorrectly considered the 2011 and 2012 income tax returns to be overdue (so that there was little excuse for not also timely filing the related T1135s), whereas in his view she was under no obligation to file such returns. ...

Before confirming the reasonableness of CRA’s decision not to recommend relief, Roussel J commented as follows (at para. 5) on the quantum of the s. 7 benefit that ultimately was included in the taxpayer’s income for 2007 following his appeal of an assessment of his 2007 year: He argued that since the shares acquired were subject to numerous blackout periods and he was considered an insider of ZCL for the purposes of the TSX and relevant shares legislation and regulations, the assessed value of the shares should not be more than 60% of the trading price on the date of purchase. ...