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—all amounts received by him in the year as an allowance for personal or living expenses or as an allowance for any other purpose, except (v) reasonable allowances for travelling expenses received by an employee from his employer in respect of a period when he was employed in connection with the selling of property or negotiating of contracts for his employer. 8(1)(h) Travelling expenses. ...

Paragraph 66(15)(c) reads: In this section and sections 66.1 and 66.2, (c) “Canadian resource property” of a taxpayer means any property acquired by him after 1971 that is, (i) any right, license or privilege to explore for, drill for, or take petroleum, natural gas or other related hydrocarbons in Canada, *(ii) any right, licence or privilege to prospect, explore, drill, or mine for, minerals in a mineral resource in Canada, (iii) any oil or gas well situated in Canada, (iv) any rental or royalty computed by reference to the amount or value of production from an oil or gas well, or a mineral resource, situated in Canada, (v) any real property situated in Canada the principal value of which depends upon its mineral resource content (but not including any depreciable property situated on the surface of the property or used or to be used in connection with the extraction or removal of minerals therefrom), or *(vi) any right to or interest in any property (other than property of a trust) described in any of subparagraphs (i) to (v) (including a right to receive proceeds of disposition in respect of a disposition thereof); (*asterisks mine) Counsel for the respondent referred to the wording of paragraph 9 of the 1956 agreement and suggested that, notwithstanding that his interest was subject to various conditions, the appellant received a right to a 7% undivided interest in each discovery area as well as a right to a 7% portion of the proceeds if the company sold before the expiration of 21 years. ...

I fail to see therefore that the appellant has bridged the gap between the gratuitous award of a retirement allowance from Holdings, and the possible claim for damages in connection with the termination of the employment contract of the appellant. ...

These circumstances, which I believe were “exceptional and unusual” in Garneau (supra) and not to be found in this matter, are: (1) there was no indication either at the time of Garneau’s original involvement with the group or at the time of the investment at issue in that appeal that the business itself was in difficulty. (2) the turn of events requiring the investment resulted from a policy decision at the senior ownership and management level, simply the withdrawal of the main base of capital support, not supplied by Garneau. (3) there was to be formed a “new company” which would carry with it “its background of experience, goodwill and extensive connections in the main trading centres”, (pp 291 and 5192 respectively) (4) the investment was one time and one time only—not several different stock acquisitions under differing circumstances and over a period of time. (5) his analysis of the business at the time of his investment showed good prospects for capital stock value improvement—at least in the short term. (6) there is no indication that any efforts were proceeding within the group to sell, merge or amalgamate the operation with another stock broker. ...

The problem has often arisen in connection with loan companies. Many times too, as in this case, the appellant’s income came from apartment buildings. ...

The defendant will, therefore, recover from the Minister all his reasonable and proper costs in connection with this appeal. ...

In 1961, prior to the rezoning referred to, and in connection with a proposal for extensive development of this and other land, probably requiring a large, well financed developer, defendant did advise one Hanson, a town planner, that he could deal with his, Hanson’s, English interest on a possible purchase but no terms or bases were set. ...

The main sections of the Act concerned in this list, as in the case at bar, are paragraph 12(1)(a) and subparagraph 139(1)(ae)(i) of the old Act, which read as follows: 12. (1) In computing income, no deduction shall be made in respect of (a) an outlay or expense except to the extent that it was made or incurred by the taxpayer for the purpose of gaining or producing income from property or a business of the taxpayer, 139. (1) In this Act, (ae) ‘‘personal or living expenses” include (i) the expenses of properties maintained by any person for the use or benefit of the taxpayer or any person connected with the taxpayer by blood relationship, marriage or adoption, and not maintained in connection with a business carried on for profit or with a reasonable expectation of profit, The basic problem is therefore whether the publication of the taxpayer’s books is a “business carried on for profit or with a reasonable expectation of profit’’. ...

However, it was possible to use the first type in a masonry construction although it was not usual to do so as special connections would have to be provided to anchor the frame to the masonry. ...

He was a professional trader in the field of securities and his analysis of the situation was that the new company, with its background of experience, goodwill and extensive connections in the main trading centres of Canada and the United States, was bound to succeed, at least in the immediate future, which would have enabled him to sell out at a profit within months. ...