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The learned Judges in Graham (supra) have indicated that consideration of the taxpayer’s “ordinary mode and habit of work/' is separate from the other consideration of "reasonable expectation of profit from his various revenue sources/' as I read the judgment. ... " Ultimately then as I read Moldovan (supra), and Graham (supra), if no clear determination arises on the basis of comparative "profitability both actual and potential," consideration may be given to the "ordinary mode and habit of work,” for greater enlightenment, in order to reach a conclusion regarding "chief source.” ...

The consideration was set by the appellant and Wall Construction and was based on a valuation of the property provided by Glen Greenway Co. ... The consideration paid was $75,000. The appellant bears the onus of establishing that the respondent's assessment, based as it was on the assumption of fact that the Valuation Day value of the Logan property was less than $32,657, was wrong. ... Consideration must also be given to the rather unusual listing practices followed by the appellant. ...

In Gabco, (supra), Mr Justice Cattanach stated, at 323 [5216]: It is not a question of the Minister or this Court substituting its judgment for what is a reasonable amount to pay, but rather a case of the Minister or the Court coming to the conclusion that no reasonable businessman would have contracted to pay such an amount having only the business consideration of the appellant in mind. Having regard to the son’s contemplated status in the appellant company, which he subsequently fulfilled, and to the legitimate consideration of future benefits to be derived from his employment, the Court found that the remuneration paid to the son was reasonable. ... As the father in the Gabco appeal, Mr Theophil DeCock was entitled to have consideration other than Larry’s service to the appellant in the years under appeal in determining remuneration to Larry; in the appellant’s case a loyal employee and possible successor to Mr DeCock was getting early training. ...

As for the business loss of $1,000,000 on the loan to L J Forget & Co Inc, he claimed that the purpose of an assessment was to determine tax payable and that this loss, which was proved, should be taken into consideration even though only the loss in Venezuela was referred to in the notice of objection. ... Moreover, the photocopy of a letter from a Zurich bank, which refers to another letter written previously, is in the circumstances far from being persuasive evidence of this transaction, especially when the conduct of the appellant and his wife is taken into consideration. ... As for the loss of $97,326.75 and that of $1,000,000, which was not even mentioned in the notice of objection, they cannot be taken into consideration since we do not know the appellant’s income for the years in question and they cannot in any way constitute repayments of loans. ...

Mr Markhoff received 3500 shares in consideration of $12,000 cash and the appellant received 3500 shares in consideration of the assignment to the company of his interest in patent applications of an agreed value of $12,000. ... PURCHASED SECURITIES The Vendors shall sell and the Purchaser shall purchase all but not less than all of the Issued Shares and as consideration therefor the Purchaser shall: (a) pay to the Vendors collectively the sum of $1.00 for all of the Issued Shares. ...

As land is sold in bulk more cheaply than in lots, it is apparent that the two appraisers could not arrive at the same conclusions. 3.11 The reasons given by Mr Chouinard and Mr Ouellette to explain their positions in this regard are as follows: — According to Mr Chouinard (for the appellant), for appraisal purposes the physical reality of the land must be taken into consideration: At the present time, we must conclude, indeed we must accept the fact that it is a subdivided piece of land, that some lots have been sold, that land has been set aside for streets, that even fill work has been done in several places and gravel laid: at this stage we are no longer able to speak in terms of a hypothesis, it is now a reality. ... A Of necessity, that is, in the sector, the sales we found and used for analysis are sales of land, or lots at least, which compare with the potential of the land under consideration, that is a subdivision; there is very little agricultural use on the land we are now considering; and in addition it is wooded, with some adult trees, the age of which is undoubtedly... at least thirty to forty years old, and to my knowledge it has not been cleared. ... At 476, Smith, DJ gives his decision on the point: I decided that Mr Caron’s expert evidence should be admitted, but that careful consideration would be given to the question of possible bias, either conscious or unconscious. ...

In that consideration, surveys were made as to a nursing home as an adjunct to a large apartment building which would be designed to cater to senior citizens. ... In considering the date of sale, Mr Murphy did not ascertain the date of the Agreement for Sale behind the Deed to fix the real date of an enforceable agreement, nor did he ascertain the particulars of the mortgage on a comparable sale to decide what effect, if any, this would have on the consideration. ... In the result, my consideration comes down to a decision as to which of the two valuators’ opinions I prefer or, if I do not prefer either one over the other, what figure I find to be the fair market value. ...

I heard testimony and argument at Toronto on December 2, 1980, and held the matter under consideration for judgment. ... I heard testimony in that matter on May 5, 1981, and set it over for argument for May 26, 1981, and indicated to counsel at that time that I would hold this present matter under consideration pending judgment in Marsh & McLennan, which I rendered on October 6, 1981. ... For some time prior to 1973, the plaintiff had under consideration the establishment of a stamping plant in the Republic of the Philippines, an operation entirely consistent with the general nature of its business. ...

In order to obtain the necessary financing for itself and its fellow investors in the purchase, namely Casamont Limited and Reinhold Kapchinsky, the appellant entered into an agreement with the Toronto-Dominion Bank by letter dated October 13, 1972 which provided as follows: (a) the appellant would incorporate a new company, 261825 Investments Limited (the name of which was subsequently changed to MKH Investments Limited) to own all of the shares of Merban-Kaps Holdings Limited, a company incorporated under the laws of Ontario, which existed solely to own the said 450,000 common shares of Kaps Transport Limited; (b) common shares of 261825 Investments Limited would be issued for an aggregate consideration of $1,250,000 in cash to the following persons in the following amounts: Cash Percentage of Name Subscription Common Shares Appellant $1,021,500 81% Reinhold Kapchinsky $ 125,500 10% Casamont Limited $ 112,500 9% (c) the Toronto Dominion Bank would purchase at par $1,000,000 aggregate principal amount 6% income debentures of Merban-Kaps Holdings Limited due 30 months from the issue date and secured by the hypothecation of the said 450,000 shares of Kaps Transport Limited; (d) the Toronto-Dominion Bank would lend to 261825 Investments Limited the amount of $2,250,000 to bear interest at the prime rate charged from time to time by the Bank to commercial borrowers plus 1% payable semi-annually and to be repayable 30 months from the date of advance. ... (c) The common shares in MKH were to be issued for a total consideration of $1,250,000 as follows: Merban $1,021,500 Reinhold Kapchinsky $ 125,500 Casamont Limited 112,500 7. ... NOW, THEREFORE, in consideration of the premises and of the sum of One Dollar ($1) now paid by the Bank to each of the Guarantors (the receipt whereof is hereby by them respectively acknowledged), the parties hereto covenant and agree as follows: ‘1. ...

The trial judge also held that a specific tax does not cease to be such simply because the value of the property is taken into consideration in setting the tax rate. She held, however, that where the tax rate varies within the classification based on the value of the goods, the value-based component goes beyond simply being “taken into consideration.” ... At the very minimum, the Court must take them into consideration when engaged in the process of discerning the meaning and application of the provisions of the Charter. ...