fee

At the relevant time, the predecessor version of s. 50(2)(b) (i.e., s. 26(1)(b)) of the Planning Act (Ontario), which prohibited an unauthorized severance of land through the transferor retaining a portion of the land, expressed the condition that the person “does not retain the fee or the equity of redemption in any land abutting the land that is being conveyed or otherwise dealt with,” i.e., unlike the current version, it did not explicitly require that the vendor or other person not have a power of appointment respecting the lands at issue.

A typical loan made by the lender (ClearFlow) to the borrower bore base interest rate of 12% p.a. compounded monthly, an administration fee that was charged when the Loan was initially advanced, and each time it renewed (of, say, 1.81% of the loan balance), and a “discount fee” of 0.003% per day of the outstanding principal. Sharpe JA confirmed the finding of the application judge that the administration fee was not interest, as well as his finding that the discount fee was interest, stating (at paras. 42-43):

The respondent trained and drove standardbred race horses at various Ontario race tracks, and received directly from the race track a share of the purses, calculated as 5% to the driver and 5% to the trainer.

Stratas JA stated (at paras. 19, 22):

In 1998 the Canadian taxpayer paid $14.3 million to non-resident service providers in the ordinary course of its forestry business. The Minister assessed it for failure to withhold under Reg. 105 on the following payments: