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They considered divorce. As Mr. Passarello put it, his world was collapsing. [11]     Mr. ... And I do believe the Passarellos testimony, but I also find it is necessary to look at the surrounding circumstances and to those who actually devised the arrangement, especially, as here, where the evidence is that the Passarellos relied entirely on their professional advisor for tax planning advice. [22]     Respondent's counsel gleaned from the many cases dealing with this issue a number of circumstances that I should consider in ascertaining whether it "may reasonably be considered that one of the main reasons" is the reduction of tax. ... However, in that case there was some testimony to the effect that tax had been expressly considered, giving rise to the possibility that tax reduction was a main purpose. ...

When clause 4 is considered in the context of the whole of the 1964 sale agreement, what one finds is that, by an agreement executed on June 10, 1964, the company agreed to sell specified shares to the individual for a specified amount, which was obviously below their value, which sale was to be completed on the same day but subject to an agreement between the parties (clause 4) that “in the event” that the Minister of National Revenue should “at any time hereafter” make a final determination that the value of the shares as of the date of the agreement is less than or greater than the price stipulated in the agreement, such prices are to be adjusted retroactively to conform to the value as so determined. ... If the question of the quantum of the benefit had been raised, such arguments would have had to be considered. ... Fair value was not considered at the time the agreement was negotiated by the parties. ...

The Minister considered these amounts to be additions to reserve in each of the taxation years (and the deduction of fines to be contrary to public policy) and disallowed the deductions. ... In MNR v E H Pooler and Company Limited, [1962] CTC 527 at 532; 62 DTC 1321 at 1324, Thurlow, J (as he then was) of the Exchequer Court of Canada dealt with the allowance of a $2,000 fine imposed by the Toronto Stock Exchange on the respondent company for the conduct on the part of one of its vice-presidents which was considered detrimental to the interests of the Exchange. ... Fournier, J had this to say before he quoted Lord Haldane at page 163 [1097-8]: That being the case, it becomes necessary to determine if unlawful acts committed in earning income from the operations of a business or trade are to be considered in computing the income of a taxpayer. ...

The Queen, [1982] C.T.C. 214; 82 D.T.C. 6179. 4.03 Analysis 4.03.1 The respondent's position is based primarily on the view that, on issues of corporate control, it is de jure control that must be considered rather than de facto control. ... The technical notes published by the Minister on September 13, 1988, with respect to this amendment read as follows: New paragraph (1.2)(b) provides that a corporation can be considered to be controlled by a person or particular group of persons notwithstanding that the corporation is also controlled by another person or group of persons. As a consequence, under this paragraph, a corporation can be considered to be controlled at the same time by several persons or group of persons. ...

Ramsay suggests that more was required. 25 In summary, the cases relied on by the Minister, beginning with Ramsay, can no longer be considered good law. ... Correlatively, whether or not an otherwise deductible expense is reasonable in the circumstances is not to be assessed by reference to whether any one expense, or the collective expenses, are considered to be disproportionate to revenues. In this regard, the decisions in Ramsay and Elliot, supra, can no longer be considered good law and the same fate befalls those decisions of the Tax Court which are inconsistent with my conclusions. 33 In my respectful view, the Tax Court Judge erred in upholding the Minister's refusal to allow the deduction of interest paid on the $25,000 personal loan. ...

Subsection 249(4)(a), 256(9)... 26) The second of these income tax returns represents the taxation year which commenced on October 16, 1987 and which the Appellant chose to terminate on a normal month end at October 31, 1987, in what the Appellant considered to be compliance with the provisions of subsection 249 (4) of the Income Tax Act. ... The US $8 million could not be considered “contributed surplus” and as such part of Holdco’s equity for purposes of subsection 18(4) as it was not held by Holdco at the beginning of the fiscal year Holdco had reported (Brescacin testimony); 25. ... The meaning of “fiscal period” was considered in a number of cases, mostly before the former Tax Appeal Board. ...

Words used more than once in a statute may not always have the same meaning, but they are normally considered to have the same meaning unless the context shows they are being used in a different sense. ... In view of the conclusion I have come to concerning the meaning of the words “his place of business” the other three points of argument submitted by counsel for the plaintiff need not be considered at length. Points (b) and (d) may be considered together. With respect to point (b) it may be said that paragraph (ee) of subsection 20(1) of the Income Tax Act is not as well worded as it might have been. ...

It is coincidental that the net proceeds of the sale of the property were $52,500 of which only $51,760 was added to plaintiff’s income, the remaining small balance not being considered by defendant as compensation for services rendered by him. ... Cox testified that she often had to cook the meals both for her mother and sister, help clean the house and do many other things, much of which she considered she would have done in any event out of affection but not perhaps to the same extent. ... The only direct evidence we have of this is that of Miss Harris, the attorney who took instructions from her and prepared the will, who considered her mentally competent to make it, and it would take strong medical evidence to set aside this testimony, none of which is available, nor would have been available in the Ontario proceedings. ...

And I said further, at the same page: “The statement thus made is merely a particular application of the well established principle that, in determining whether the profits realized from particular transactions, or a single transaction, were capital accretions or profits from a business or an adventure in the nature of trade and, therefore, taxable income, ‘each case must be considered according to its facts’, as the Lord Justice Clerk said in the Californian Copper Syndicate case (supra).” In the Spencer case (supra) I referred, at page 115, to many eases in which the test laid down in the Californian Copper Syndicate case has been approved, and, at page 125, I referred to numerous cases in which the principle that ‘‘each case must be considered according to its facts’’ has been stated by the Supreme Court of Canada. ... Moreover, the agreements and mortgages were certainly not of the kind that would be considered for investment purposes by a prudent person who was primarily concerned with securing a fair return on his money. ...

Canada, [2000] G.S.T.C. 1, the meaning of "substantial" or "substantially all" was considered. ... I think we should bear in mind Viscount Simon's admonition about the use of percentages. [29]     The term has been considered in other cases, notably Australian. ... Co., 41 Del.Ch. 509, in which the Court held that 75% of a corporation's assets constituted "substantially all" of its assets. [33]     There are many cases in this Court that have considered the meaning of "all or substantially all". ...