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The determination invokes reasonableness, suggesting that the possibility of different interpretations of the events must be objectively considered. ... The Queen, 2001 FCA 260, at paragraph 46, stated that the time to be considered in making that assessment is the time the transaction was undertaken and not some later time with the benefit of hindsight ... In other words, it does not permit a transaction to be considered to be an avoidance transaction because some alternative transaction that might have achieved an equivalent result would have resulted in higher taxes ...

Osher testified that he initially considered the Côte-des-Neiges property as a trophy property because of its location and long-term rental potential. ... While all of the above factors have been considered by the courts, it is the last one, the question of motive or intention which has been most developed. ... Osher testified that he had initially considered the Côte-des-Neiges property as a trophy property because of its location and long-term rental potential. ...

The Supreme Court of Canada, in Sinnott News Company, Limited v MNR, [1956] S.C.R. 433; [1956] CTC 81; 56 DTC 1047, considered a similar situation that arose at a different level of the distribution chain. ... [2] Sale of Goods Acts in 1969 were, in their effect, identical to those of the Ontario Act considered in the Sinnott News case. ... A case precisely similar to this case could have come from Scotland and your Lordships would then have considered the meaning of this phrase in Scots law. ...

  [43]          For this purpose paragraph 37(8)(c) provides that the prosecution of SR&ED will not be considered a business to which SR&ED relates, except in the case of a taxpayer who derives all or substantially all of its revenue from the prosecution of SR&ED ...   [51]          Subsection 127(19) provides as follows:   (19) Where on or before the filing-due date for a taxation year of a person or partnership (referred to in this subsection as the “recipient”) the recipient has received, is entitled to receive or can reasonably be expected to receive a particular amount that is government assistance, non-government assistance or a contract payment that can reasonably be considered to be in respect of scientific research and experimental development and the particular amount exceeds the total of            ...           ...   [54]          I am satisfied that the $900,000 of government assistance received by PSCI can reasonably be considered to have been received in respect of SR&ED. ...

McCarty would reasonably be considered as an employee of MEG in the context of a personal services business. [45]         Turning to the facts, the factors and the question to be determined that but for the existence of CJ, whether Mr. McCarty would reasonably be considered to be an employee of MEG. Co ntrol [46]         The question is whether MEG had the right to control the manner in which Bruce McCarty performed his activities as a construction manager. ... In Dynamic, the Court also considered the history of the individual’s business. [55]         During the currency of the Agreements, CJ could have worked for third parties but provided services solely to MEG because of the scale of the project and the demands on Mr. ...

As a result, the records could hardly be considered adequate such as would allow Mr. ... However, certain criteria must be satisfied before a housing unit can be considered a taxpayer's principal residence. ... I am not satisfied based on the evidence that Lot 224 can reasonably be considered Mr. ...

It is not intended to apply to those situations where the company in question is already controlled by one or more persons. [58]     In support of this argument, the Appellant refers to the Department of Finance Technical Notes that accompanied the introduction of paragraph (b) and which set out the purpose of the provision: A corporation, the voting shares of which are distributed among a large number of persons is usually not considered to be controlled by any group of its shareholders, provided the shareholders do not act together to exercise control. ... The Minister of National Revenue assessed on the basis that the shareholdings of the non-residents in the taxpayer had to be considered collectively for the purpose of determining whether it was a CCPC. ... That is a unit or definite one among a number; considered by itself, apart from the rest; individual. [84]     The definition of "particular" found in The Living Webster Encyclopedic Dictionary includes: being a definite one, individual, or single, or considered separately;... pertaining to a portion of something; separate; individual; specific. [22] [85]     Neither of those definitions includes a reference to "hypothetical" or any similar notion. [86]     The "plain meaning" of the word "particular" would therefore support the Appellant's interpretation of paragraph (b) of the definition of CCPC in subsection 125(7). [87]     However, ambiguity in the meaning of the word "particular" in paragraph (b) does arise when one compares the English and French versions of that provision. ...

  [10]            One possibility considered was that, in order to retire the FRM notes, the Foundation would borrow $15.5 million from the bank with which Frank dealt. ...   [11]            Another possibility considered was that a company, Big Sky (Grozell) Drilling Inc. ... In addition, the fact that selling the notes to the bank seems, but for the price involved, to have been the first option considered for solving Frank’s tax problem suggests that the retention of control of the funds was not the motivating consideration for the sale ...

In reply to a question from the Court he said that he had prepared no adjustment chart in the present case as he considered that his other adjustments were affected by his time adjustment so he included them in it, merely concluding that the subject property might be ripe for development 10 years after 1971, while the others would be ready somewhat sooner. ... It was suggested in cross-examination that since he is in the employ of the Department of National Revenue he canhot be considered to be a neutral witness but I do not believe that his report should be rejected for that reason. ... A subdivision plan for a large lot residential development with internal public roads would be considered by the Township of North Dumfries and the Ontario Department of Municipal Affairs with lot sizes being a minimum of 15,000 square feet. ...

After examining his resume and references and his educational and business background, he was considered quite acceptable. ... Porter testified, the Bank considered that the Town of Louisbourg, through the Commission and the Society, would always be behind the Corporation. ... For a long while they relied on him, trusted him and certainly considered him capable of handling accounting functions including remittances. ...