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Beddoe for the consideration of his co-venturers so as to be able to respond to an opportunity to immediately resell the property at almost double the price paid. ... With the above considerations in mind I am satisfied that the appellants have successfully rebutted the respondent's assumption reflected in subparagraph 3(o) of his reply, supra, on the balance of probabilities. ... She also acknowledged that renovation prices were not sought from smaller renovators or contractors, and that no consideration was given to Mr. ...

I fully recognize that it could be said Algoma might not have been interested in acquiring the information, had not the larger objective of its use been its ultimate goal, but the learned President therein did not look through the primary consideration to this greater purpose in that matter. ... But I do not take his use of advertising as an example, to mean that when I have reached a conclusion on these facts, that the basic reasoning in Algoma, supra, should not apply here, that serious consideration should still be given by to this appellant's alternate proposition — that the provision of a physical and mechanical structure for the purpose of increasing the volume of a taxpayer's business, is an expenditure on current account. ... Turning finally, to the question of the appropriate year for consideration of the availability of the amount lost, I would suggest that the issue rests on two Exhibits, A-6 and A-7 noted above. ...

(c) In 1983 Emco Ltd. offered to purchase 75% of the Corporation's common shares for a consideration of $42,222.22 per share. (d) Because of the said offer the Appellant exercised the option referred to in subparagraph 3(b), herein, and purchased 26 common shares of the Corporation for a consideration of $50.00 per share in 1983. (e) On January 13, 1984 the Appellant sold to Emco Ltd. 27 of his common shares in the Corporation for a total consideration of $1,140,000.00. ...

The consideration payable to the Company for the services so provided shall be Four (4%) per cent of the gross sales achieved by Buffalo Broadcasting at its said radio station, payable monthly. 4. ... The consideration payable to the Company for the services so provided shall be sixty thousand dollars annually plus one percent commission on all air time and production sales up to 3.2 million dollars and five percent commission on sales exceeding 3.2 million at its said radio stations payable monthly. ... In summary the duties and responsibilities of Associated under the contracts were as follows: — Manage all affairs of a radio station on a day to day basis. — Hire and fire as required. — Hire, organize or reorganize departments or department heads to keep pace with changing times. — Negotiate salaries with new employees and annual increases for all employees. — Prepare for approval by the shareholders, projected revenue and expenses on a semi annual basis. — Prepare monthly reports for shareholders explaining overages and shortfalls in projected figures. — Insure sufficient cash flow through accepted procedures for collection of receivables. — Oversee all revenue sources to insure maximized efforts to achieve and maintain continuous growth. — Insure that on air presentation is considered within the realm of quality broadcasting and does not contravene CRTC guidelines and insure, as best possible, that any comment by on air personnel is not libellous or slanderous. — Prepare all documentation required for renewal of broadcast licenses. — Approve all expenditures that may not be budget items, including overtime, staff and non staff talent fees. — Present for approval capital expenditures required to keep plant in neat, safe environment with considerations for the orderly replacement of obsolete equipment. — Negotiate contracts with all suppliers whether it be for sport properties, music services, program services, satellite reception, etc. ...

In the ordinary case of the employment of a seaman, such as is now under consideration, where there is nothing special, either in the circumstances of the contract of employment in the payment, and where the work is both done and paid for in the ordinary course, the all-important factor is the doing of the work; and the contract of employment and the payment are relatively insignificant and formal elements. ... Cam & Sons Ltd., supra, the performance of the duties pursuant to an employment contract within a territory is the proper and realistic consideration which determines the territorial source of employment income. ... Clearly, this policy could not be taken into consideration if it were contrary to the provisions of the Act. ...

The scope of the subsection is not obscure for one does not speak of benefitting a person in the sense of the subsection by making a business contract with him for adequate consideration. These comments were adopted by the trial judge who referred to them as two important qualifications, namely, (1) ”.. that the taxpayer seek 'to avoid receipt’ of funds, presumably funds that would otherwise be payable to him," (2) ”... that the concept of payment of a ‘benefit’ is contrasted to payments for adequate consideration.” ... Does such a payment represent a “benefit” by contrast to payments for adequate consideration? ...

NOW THEREFORE THIS AGREEMENT WITNESSTH that in consideration of the terms and of the reciprocal covenants hereinafter set forth that the parties covenant and agree with each other as follows: 1. ... An amount received by one person from another (b) on account or in lieu of payment of, or in satisfaction of, an obligation arising out of an agreement made by the payer with the payee immediately prior to, during or immediately after a period that the payee was an officer of, or in the employment of, the payer, shall be deemed, for the purposes of section 5, to be remuneration for the payee's services rendered as an officer or during the period of employment, unless it is established that, irrespective of when the agreement, if any, under which the amount was received was made or the form or legal effect thereof, it cannot reasonably be regarded as having been received (d) as remuneration or partial remuneration for services as an officer or under the contract of employment, or (e) in consideration or partial consideration for a covenant with reference to what the officer or employee is, or is not, to do before or after the termination of the employment. ...

The Queen, [1979] C.T.C. 310; 77 D.T.C. 5213 (S.C.C.) that consideration is to be given to the “capability of the venture as capitalized to show a profit after charging capital cost allowance”. However this consideration is not, as I see it, cast in stone such that it alone is to be determinative. It is simply one of the considerations to be taken into account along with equal and due regard being given to the nature and extent of the undertaking, the taxpayer's training and his or her intended course of action. ...

Before proceeding to an examination of the issue, I would note also that several documents were filed by the parties, from which I have selected the following excerpts which I considered particularly critical, (in all cases the emphasis is mine): Full and Final Release IN CONSIDERATION of the payment or of the promise of payment to us of TWENTY THOUSAND DOLLARS — ($20,000.00)- upon the signing of this release and upon the payment of ONE HUNDRED THOUSAND DOLLARS — ($100,000.00) — evidenced by a Promissory Note attached hereto and made a part hereof, we hereby release and forever discharge REF Automation Limited and the Estate of Rudenz Ernst Flubacher and the Flubacher family and the legal representatives of all three from any and all actions, causes of action, claims and demands, for damages, loss or injury, howsoever arising, which heretofore may have been or may hereafter be sustained by us in consequence of alleged failure of REF Automation Limited to deliver production machinery as covenanted in a certain contract between ourselves and the releasees dated June 2, 1978, which machinery was essential to establish a proposed corporation (North American Connector Corporation) as a U.S. ... AND FOR THE SAID CONSIDERATION we further agree not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the provisions of any common law or statute law from the Estate, the Flubacher family, REF Automation Limited or the legal representatives of all three being the releasees discharged by this release. ... That, among other considerations, made him opt for the settlement at issue in this appeal. ...

He is a large man, about 50 years of age during the years under review, and the territory he covered in the Province of Alberta in all weather conditions, made that kind of vehicle a serious consideration. ... The Queen, [1985] 1 C.T.C. 62; 85 D.T.C. 5058 (F.C.T.D.) leads me to conclude that where the words of the Act leave possible room for positive consideration of the taxpayer's assertions, this must be accorded. ... Finally, I just wish to comment on the fact that I did give consideration to a quite different perspective on this matter, but I was not required to pursue it to the end, by virtue of the conclusion already reached above. ...