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Reference was made to the word ‘‘did’’ as supporting the appellant’s position but when the subject to which the verb applies is considered as referring to property of the taxpayer whose assessment is under consideration the contention appears to me to be untenable. ... With this is I think to be considered the nature of the property itself which, in her hands, did not have the characteristics of an ordinary investment but on the contrary was suited to the carrying out of a scheme for profit making by selling off the cottages and the Grandview Avenue frontage and selling material from the pit if no better way of disposing of it to advantage appeared. ... Ryan is not considered as having been engaged in a business venture but as having simply carried out with respect to the sand and gravel pit her purpose to sell material therefrom. ...

It contends that the tortious conduct of the Defendants is an independent cause of action that is separate from the validity of the Assessments, and is a cause of action that cannot be resolved through the Tax Court Appeals. [21] In Canada v Roitman, 2006 FCA 266 [Roitman], the Federal Court of Appeal [FCA] considered the issue of the respective jurisdictions of the Federal Court [FC] and the TCC in claims relating to income tax assessments. ... The BCCA found that the basis of the action was in tort and considered there to be concurrent jurisdiction over the subject matter in issue. ... The ABQB considered TeleZone, but found that it did not change the principle set out in Roitman; a finding that was also affirmed by the Alberta Court of Appeal. ...

Because of the reciprocal effect on purchaser and vendor of any such finding here I am prepared to accept, as suggested by counsel for the respondent, that the matter should be considered from the viewpoint of the purchaser as well as from the viewpoint of the vendor. ... Other factors to be considered are good relations with employees, favourable commercial contracts, franchises, good financial relationships and finally good management. ... I have considered the question of cost and have reached the conclusion that in the circumstances of this appeal, one half of its taxable cost only should be awarded to the appellant. ...

Osler stated that the board of directors reviewed its investments quarterly and he set out the factors which it considered before it decided to realize an investment. ... This action was approved and confirmed by a resolution of the board, dated February 15, 1956, which recited that ‘‘the directors had not considered it advisable to increase the Company’s investment in Trans-Prairie Pipelines, Ltd. and had agreed that the rights be sold at the best market available”. ... The acquisition of the shares was not an investment and the profit from their sale could not possibly be considered as a realization of the enhancement in value of an investment and, consequently, an accretion of capital. ...

In my view, it seems more probable that the directors of the company, with their knowledge of market conditions, considered the shares when purchased to have a speculative value and that when, a short time after the purchase, they had increased in value by 70 per cent, it was decided to sell a sufficient amount to pay the overdraft in full, retaining the remaining 1,600 shares now fully paid for in the hope that the market might still further improve. ... That term was considered at length by the President of this Court in M.N.R. v. ... It is what he did that must be considered and his declaration that he did not intend to make a profit may be overborne by other considerations of a business or trading nature motivating the transaction. ...

What is the line which separates the two classes of cases may be difficult to define, and each case must be considered according to its facts; the question to be determined being— Is the sum of gain that has been made a mere enhancement of value by realising a security, or is it a gain made in an operation of business in carrying out a scheme for profitmaking? ... Nor can what he did in 1946 and later in buying more mortgages of the same type change the nature of what he had done earlier for even if his subsequent purchases and conduct were considered to amount to a business within the meaning of the statute that, in my opinion, would at most be evidence from which an inference might be drawn that the earlier transactions were also transactions in the course of the same trade or business, an inference which in my view should not be drawn in view of the respondent’s evidence as to how he came to make his first purchases of the mortgages. ... Intention to make a profit in a particular way is no doubt an important fact to be considered in cases of this kind but like many of the other features which are from time to time referred to in such cases as pointing to one conclusion or another its importance depends on the context of the particular case. ...

Here, the chemical substance is of no practical avail; here again, the specific essence of the ingredients is not considered, merely the way in which, through a promotional campaign, the resulting compounds are ‘‘sold or represented". ... The determining, decisive, factor does not consist in the quantity of vitamins contained in, or calories excluded from, an edible substance; it is set and prescribed by the interpretative authority of Section 2(1) (ec) decreeing that: must be considered ‘‘pharmaceuticals’’, unmentioned in Schedule III, ‘‘any material, substance, mixture, compound or preparation, of whatever composition or in whatever form, sold or represented for use in the... treatment, mitigation or prevention of a... disorder (or) abnormal physical state... in man.”’ ... They cannot be considered ‘‘bakers’ biscuits’? as intended by Schedule III. 3. ...

Counsel for the Minister urged that the word year” in the expression if at any time in the year’’ in Section 39(4) refers to the expression taxation year’’ appearing earlier in the subsection, that the latter expression can refer only to the taxation year of the particular corporation whose taxation is being considered and that it is immaterial whether the period of association is also within the fiscal period of the other company for the same taxation year. ... It indeed appears to be clearly settled that control of a corporation requires at least a bare majority in shareholding and as Lee here has not this majority, he cannot be considered as controlling the appellant and I say this notwithstanding the articles of association adopted by the appellant which gives its president a preponderant vote in the case of an equality of votes at every general meeting of the company. ... The meaning of ‘‘controlled’’ in Section 39(4) of the Income Tax Act was considered in Buckerfield’s Limited v. ...

In my view, however, there were other factors which on the evidence should have been taken into consideration in arriving at the market value and which, having been considered, would have led to an increased write-down. ... Gough, but undoubtedly he considered them of the greatest importance. ... He therefore considered it advisable, in establishing his inventory value, to take into consideration the length of time which it would probably take to dispose of the carry-over and the final realizable value of the stock which he could expect to receive after later making the reductions in prices which I have mentioned above. ...

Furthermore, the fact that the advance notice was silent with respect to certain parameters considered by the Minister constituted, in his view, a breach of the rules of procedural fairness. [52] In Zone 3 FCA, Justice Yves De Montigny did not share this point of view. ... To make this finding, the Decision was based on the definition of “advertising” in the CPTC Program Guidelines, published by CAVCO on April 2, 2012, in accordance with subsection 125.4(7) of the ITA [Guidelines]. [19] The Decision states the following: [translation] “Thus, any production that, like VILLAS DE RÊVES, (I) offers i) a detailed description of the services, activities or products of any provider; ii) a detailed description of the main features of the services, activities or products of the provider in question; and iii) laudatory comments regarding those services, activities or products of such a provider, is considered by CAVCO to be a production that constitutes ‘advertising,’ a category that is ineligible for the CPTC. ... There is no term used here that allows only part of the production to be considered advertising (or pornography). [61] I find that by using the 15% threshold, the Minister is doing exactly what the Federal Court of Appeal says is not within the Court’s jurisdiction; he is incorporating into the legislation parameters that are not there. ...