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Hogan J. stated (at para. 26): [A]dopting a thoughtfully considered position that contradicts the Minister's position does not in itself mean the taxpayer made a misrepresentation that would allow the Minister to assess outside the normal period. ...

MacKay J. also noted that the question of what constituted a "mineral resource" for purposes of subparagraph (iii.1) should be interpreted in light of the industry practice of only committing development expenses when a reserve had been established that was considered to be likely to produce a satisfactory profit from production, and stated (p. 5333) that "resources which lie within the ambit of the reserve to be recoverable by a particular development project... are the 'mineral resource' or coal deposit intended by s/p(iii.1)". ...

Borins J.A. found that at the time the account was set-up the taxpayer had a statutory obligation which "was to be considered as subsisting until satisfied, or an event occurred which resulted in its termination" (p. 619) and that "where a taxpayer has incurred a liability in a taxation year, and has placed money into an account to enable it to fulfill the liability, uncertainty surrounding the amount which will ultimately be paid will not per se result in the liabilities being classed as contingent" (p. 621). ...

The Queen, 86 DTC 6364 (FCTD) could no longer be considered good law and went on to state (at p. 6083) that "you cannot treat a non-compensatory receipt in the same manner as a compensatory one simply because both arise from the same transaction". ...

Mogan J. found that as the interest accruing on the loan to the completion of construction was capitalized as part of the cost of the project under s. 18(3.1), that interest when paid should not be considered to be deductible in computing the taxpayer's taxable income earned in Canada for purposes of s. 212(13.2). ...

Taylor TCJ indicated that he considered himself bound to choose as between the two above dates advanced by the parties, but went on to indicate (at p. 1853) that the date “which does commend itself to me” was the date of rezoning in 1974, stating that “it is difficult to imagine that the rezoning of the subject property itself for ‘single family dwellings’ could have been consummated without the express knowledge, consent and cooperation of Mr. ...

Any revised notice or amended notice that does not change the Minister's decision cannot be considered a substitute for the Notice of Confirmation. ...

The Queen, 2015 DTC 1103 [at at 614], 2015 TCC 80 (Informal Procedure)-- summary under Effective Date Summary Under Tax Topics- General Concepts- Effective Date consideration for transfer to shareholder adjusted without price adjustment clause An individual shareholder of a corporation ("B&N") thought that he was the beneficial owner of his home, but everyone else, including his accountants (and ultimately the Tax Court) considered that it was beneficially owned by B&N. ...

Neither party had considered the written agreement to have ever been cancelled. ...

Neither party had considered the written agreement to have ever been cancelled. ...