Search - considered

Neither party disputed that the tests to be considered in determining whether a gain realized on a disposition of property is an income gain or a capital gain are as set out in Happy Valley Farms Limited v. ... The attempt was unsuccessful. [2] That was not the end of complaints from this particular neighbour who considered the home built by the Appellants to be a “monster” (email dated March 14, 2015 to the local councillor). ...

They intended to make County Down their home for the future and had never discussed or considered the possibility of selling it, until after the unexpected problems in its operation developed. ... While these activities are factors to be considered in determining the character of the County Down transaction they are not conclusive in that respect and not inconsistent with the appellant’s position that he constructed County Down as an investment to earn rental income and at the same time to give him and his wife a desirable place in which to live while operating the apartment building. ...

The supermarkets were converting to the self- serve type of meat store and the 1955 contract called for increases in wages and other conditions which the independents considered to be designed more particularly for the self-serve stores than for the family stores. ... His evidence as to his subjective intentions in creating and maintaining them must be considered in the circumstances that existed and along with all other relevant evidence. ...

Only one need be considered here. It read in part as follows: 1. City Renderers shall buy from Canada Packers and Canada Packers shall sell to City Renderers, at prices determined in accordance with and otherwise as provided by this Agreement, all such raw materials, including bones but excluding blood, hog hair and hide trimmings, produced at the plant of Canada Packers located at 1260 Mill Street, Montreal, (Montreal Plant), and at the plant operated as the Wilsil Division of Canada Packers located at 1239 Mill Street, Montreal, (Wilsil Plant), as are disposed of by Canada Packers for the purpose of inedible rendering. 8. (1) This Agreement shall continue in force until the expiration of 5 years from the commencement date or until 100,000,000 lbs of raw materials, other than raw bones and beef head fat, shall have been supplied to City Renderers hereunder, whichever first occurs, and thereafter shall continue in force to the extent provided in the succeeding provisions hereof. ... Even if the facts of this case are viewed in the light most favourable to the plaintiff, I am of the opinion that the sum of $500,000 paid by Longueuil Meat cannot be considered as a part of the price of the raw materials to be supplied by Canada Packers Limited. ...

Even acceding to respondent’s contention that the entity to be here considered is the partnership itself, I fail to see how this partnership meets the definition of Canadian enterprise as contained in section 3(e) of the Protocol. ... I have the firm view that regardless of whether the Canadian venture is looked at as merely a part of the appellant’s total enterprise or as a separate partnership in itself, it can by no means be considered a Canadian enterprise within the meaning of the Protocol. ...

This judgment was appealed to the Supreme Court which dismissed the appeal without giving reasons, so it is not possible to say whether this was done solely on the basis that the proof did not indicate any payment of the premiums following assignment by Mrs Papp or whether the second ground that the assignment of a chose in action, even if it has no market value, constitutes a gift within the meaning of paragraph 3(1)(c) of the Act was also considered and adopted by that Court. ... I can, however, see no way of avoiding this situation if it is accepted, as was done in the Papp case (supra), that the policy transferred was a chose in action, even if it had no ascertainable monetary value which could justify the selling of same for a consideration to the transferee so as to avoid the transfer being considered as a gift within the meaning of the Act. ...

Therefore, since no interest was legally due and payable to Banron, it follows that Banron could not include any accrued interest in computing its income. 27.0 Therefore, the conclusion in paragraph 20 of the appellant’s Notice of Appeals shall be upheld and the re-assessments vacated. 28.0 As an alternative and without prejudice of the above allegations, had the active debt due by The Banister not been sold by Banron to Ranches, any interest that would have then accrued to Banron would have been considered as a doubtful debt since in the light of the circumstances and the heavy losses sustained by The Banister, it would have been reasonable to set a reserve in an equal amount. ... As an alternative argument, the appellant submits that “had the active debt due by the Banister not been sold by Banron to Ranches, any interest that would have been accrued to Banron would have been considered as a doubtful debt since in the light of the circumstances and the heavy losses sustained, it would have been reasonable to set a reserve in an equal amount’’. 28. ...

You, of course, realize that any arrangements or negotiations made by you will ultimately need the approval of the Board of Directors and/or the Shareholders before they could be considered binding upon the Company.’ ... The Board of Directors of Motor Dealers Acceptance Company Ltd. considered the position of Mr. ...

Parker considered that if such a trusteed pension plan could obtain a really high yield on its investments, the privilege of participating in it would help him attract and retain desirable executive personnel. ... These were all considered and rejected in the court below. Those grounds were all raised again in this Court, but I do not find it necessary or desirable to express an opinion on any other than the following point which is, in my view, decisive of the case. ...

Those two items were: Sam Tick — Business Properties 56,880.52 Sam Tick — Personal Withdrawals 19,302.21 76,182.73 Appellant admitted that the first of these two items were expenses incurred in his other business interests completely outside the five apartment corporations being considered here. ... The circumstances in this case are quite similar to those considered in the case of Ross Gregory Trout v MNR, 7 Tax ABC 216; 52 DTC 388, where the appellant, a director and shareholder of a company signed a financial statement which showed that he was indebted to the company for $642.58. ...