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Your have to report the resulting income, gains, or losses on the trust's T3 return in the taxation year in which the dispositions are considered to have occurred. ... The following is under the heading " Deemed realization day ": The deemed realization day is the day the trust is considered to have disposed of its capital property, land inventory, and Canadian and foreign resource properties. ... Again at page 57, paragraph 82, Professor Cantin Cumyn writes: [translation] 82- The institute is considered by law to be the owner of the substituted property. ...

He considered the ability to acquire these longer boards as a competitive advantage notwithstanding that Interact had other customers as well. ... He considered Interact's activity to be "an iterative process … looking for more money. ... He considered the appellant's loan to Interact as "risky" so he required a "first charge on everything". ...

Since the management fee rebates to the Large Investors could be considered inducement payments meant to reimburse expenses of the trusts, pursuant to subsection 12(2.1), paragraph 12(1)(x) would cause those rebate amounts to also be included in the income of the Funds, resulting in double taxation of the rebate amounts. ... Rather, their meaning should be considered against the backdrop of relevant contextual factors, including the purpose of the agreement and the nature of the relationship between the parties that is created by the contract. ... Specifically, Justice Rothstein had the following to say in respect to what a court can consider when interpreting a contract: [57]      While the surrounding circumstances will be considered in interpreting the terms of a contract, they must never be allowed to overwhelm the words of that agreement (Hayes Forest Services, at para. 14; and Hall, at p. 30). ...

There there- fore appears to be very little to distinguish a lease from a licence if the criterion of exclusive possession is considered. ... In the case of a business transaction like this, I think that the question whether a man ought to be considered as a licensee or a tenant depends principally, if not entirely, on whether he has exclusive possession of the property in question. ... I do not indeed feel that merely because the expenditure was made for the purpose of determining whether to bring into existence a capital asset, it should always be considered as a capital expenditure and, therefore, not deductible. ...

In assessing, the Minister considered, among other things, that 45 per cent of the Property (0.592767 hectares) subjacent to Mrs. ... Her mother considered the Property her homestead. [23]     Appellant's counsel argues that Mrs. ... Virtanen (1997). [18] [38]     The Ontario Court of Appeal considered when a purchaser is not treated as being in equity an owner of the property in Buchanan and James v. ...

On his part, Kostyniuk testified that he felt an obligation to extricate the appellant because he considered it was at his persuasion the appellant bought this land. ... Nevertheless, I accept the appellant’s testimony that he considered this land satisfactory for his plan despite these disadvantages of which he was aware but felt them to be inconsequential. ... Furthermore the real estate agent also considered this land to be “hot”. ...

This is an old established Toronto company, has been in business for about 125 years, has gas franchises in various areas of Ontario and is considered a high-grade conservative stock. ... This is a well-established Canadian company and is considered to be a very conservative investment. ... 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 realizing a security, or is it a gain made in an operation of business in carrying out a scheme for profit-making? ...

Such issues were not fully resolved until the commencement of the trial;   ·         No jurisprudence was provided at the settlement conference by the Appellant supporting its position that the subject expenses could be considered ECE;   ·         On August 27, 2010, the Crown served on the Appellant a request to admit facts and documents. ... It is only one factor that must be considered and balanced in determining a cost award under subsection 147(3). ... In such case, some enhanced cost award might be considered under paragraphs 147(g) or (h) of the TCC Rules relating to delays and refusals to admit. ...

Notwithstanding his plight, he rejected the Gasparetto offer and counteroffered raising the price to $1,320,000 for an April 15th closing or $1,620,000 for a June 15th closing. [21] [24]This conduct must also be considered in light of the fact that the Appellant was, in my view, at all times aware of the potential resale value of Barcrest. ... The following criteria should be considered: the profit and loss experience in past years, the taxpayer’s training, the taxpayer’s intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ... If so, any legal fees which may have been incurred with respect to the negotiations in that regard, or the drafting or review of partnership agreements, cannot, on the evidence before me, be considered as appropriate for inclusion in the calculation of the ACB of Barcrest. ...

Given that Nowsco did not make any exempt supplies, it is only if the fees are considered as having a non-business or personal element that would remove them from commercial activity for purposes of section 169. ... Redrow Group plc. [7] The legislation considered in the latter case was similar to section 169, in that a taxpayer was entitled to an ITC on "goods and services used or to be used for the purpose of any business carried on or to be carried on by him". ... Given that an issuance of shares is an exempt supply, does the directors' advice, albeit given years after the issuance of shares, still form an integral part of the share, and therefore to be considered part of an exempt supply? ...