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Mrs Weitemeyer’s explanation is to the effect that, since the sale of the Lorelei had been dictated by business considerations while that of the Lugano had been dictated by personal considerations, the Weitemeyers felt the two transactions ought not be treated the same for tax purposes. ... The association with Walter; the neglect of written contracts in transactions with, for them, very substantial financial considerations; the failure to do or have done the elementary economic projections and site inspections that would have, in all probability, avoided the fundamental errors of building too small an apartment in the first instance and an unsuitably located building in the second, all establish a course of conduct devoid of businesslike elements not to mention calculation and cunning. ...

The agreement provided for the sale to Sumitomo of shares of the Company, the consideration to be used by the Company to complete exploration of the ore bodies and, in particular, to explore an anomaly lying between the Jersey and East Jersey zones which, were it found to have contained sufficient tonnage of commercial grade, might have necessitated a pit dealing with or including all three zones. ... On these findings, and after a consideration of the relevant authorities, the learned trial judge concluded that the Company had operated two distinct mines and that it was entitled to the tax benefit provided by subsection 83(5) in respect of the Jersey mine. ... At page 880, [266-7, 6200-1], Pigeon, J said: In my view, the decisive consideration in favour of the Minister’s decision is that the MacLean orebody was not developed as a separate mine. ...

At the hearing no witness was called to testify and the Board was asked to render judgment from an agreed statement of facts after taking into consideration the written submissions to be filed by counsel for both the appellant and the respondent. ... When the substitution of creditor is effected the transaction, to be novation, must clearly show the intention to extinguish the original debt; otherwise the novation fails for want of consideration. 23. ... Although counsel for the respondent has alleged that the transactions under consideration were artificial, he did not refer to any section of the Act and apparently there is no section therein to prevent the appellant from acting as he did. ...

The incidence of income tax was often a consideration in his business and in this instance he gave consideration to possible tax implications at the outset, and when he discovered that Lees had made an error in charging his personal account he immediately asked Lees to have the error corrected, as the contribution was to have been by his wife, so arranged by him as manager of her business affairs, and he was not making any contribution on his own behalf. ... Which leaves for consideration the profit made by the appellant personally, whicn he does not dispute, on his purchase of 20,000 Ear’crest shares on September 3, 1964, all of which were sold in small blocks at various times within the ensuing two months, yielding a profit of $6,737.50. ...

Mr Tarr, the auditor, also treated the costs as promotional expenses, based on considerations that there was uncertainty as to how long the customer would retain the heater and purchase the necessary fuel for its operation and uncertainty as to whether the expenses of installation would be recovered, for the expenses were sunk and would be lost if the contract were not continued for a sufficient period; the company gambled that it would retain the customer. long enough to cover the expenses; and the expenses were related to the company’s promotional program to retain customers, combat the competition of natural gas and increase the number of its fuel oil accounts and sale of oil. ... One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... The practice of the oil companies, differing as it does between the companies, is a consideration to be taken into account, but I do not think that the practice followed by the majority of them is a paramount factor. ...

The primary object for which the appellant was established reads as follows: To purchase or otherwise acquire as a going concern, Alberta Game Farm, and all the equipment, lands, stock in trade, goodwill, cash on hand, book accounts, furniture, fixtures, effects, animals, birds and assets of every kind and description, and all interest therein, and to pay for same such consideration as may be agreed upon, and to carry on the business so acquired. ... According to the pleadings herein, the taxpayer, admittedly, incurred expenses of $40,532.24 in the said taxation year covering the printing of 50,729 guide books of which it distributed free of charge approximately 16,280 copies to schools, libraries, travel and tourist bureaus and various other institutions (it has, apparently, also followed the practice of sending free copies to students writing in from distant lands), and sold approximately 8,199 copies for a consideration of $20,498.33 (at $2 per copy this amount appears to be high) leaving on hand as of June 30, 1967 approximately 26,250 copies of the guide book. ... While there is no question in my mind that the operation of the Alberta Game Farm in its 1967 taxation year can properly be characterized as farming within the meaning of paragraph 139(1)(p) of the Act, I should like to make it perfectly clear that, in reaching my decision herein, all aspects of the present matter have been taken into consideration and weighed in the balance; that the decision in this appeal has, accordingly, been based on its own very special and peculiar facts in their entirety; that, in upholding the taxpayer’s position herein, it has been far from my intention to open the door, so to speak, to private zoos and animal parks generally to allege that their particular activities should be regarded as constituting farming under paragraph 139(1)(p) of the Act, and that it would seem to be highly unlikely that the decision herein could have any possible application to any other taxpayer in Canada in the foreseeable future. ...

By the agreement of July 13, 1965, a total consideration of $60,000.00 payable by the Appellant was allocated equally between the depreciable property and the contracts referred to above. 6. ... In re-assessing the Appellant for its 1966 taxation year, he assumed, inter alia: (a) that with respect to the depreciable property described in Schedule “A” of the agreement of July 13, 1965, an amount of $30,000.00 can reasonably be regarded as being the consideration for the disposition of that property by the Bohuns and as the proceeds of disposition of that property in their hands; (b) that pursuant to the provisions of Section. 20(6)(g) of the Income Tax Act, the Apppellant is deemed to have acquired the depreciable property described in Schedule “A” of the agreement of July 13, 1965, at a capital cost to it of $30,000.00. 9. ... Paragraph 20(6)(g) is a rule — quoting from page 20-610 of the Canada Tax Service — “designed to cover the situation where a lump sum consideration is received in respect of the disposition of depreciable property of a prescribed class and for other assets such as depreciable property of some other class, or for goodwill or land.... ...

On April 1, 1965, Lagueux leased a GMC truck from Corporate Plan Leasing Limited for a period of thirty-six months for a consideration of $3,425.76, of which $95.16 was payable in advance and the balance in consecutive monthly instalments of $95.16 each. ... The normal form of such an agreement today provides for (i) an advance payment, often described as consideration for the ultimate option to purchase, (ii) a series of monthly payments for hire of the article, which determine should the hirer return the article, and (iii) an option to the hirer, if and when he has paid all the monthly payments, to acquire the article for a nominal sum. ... Section 18 read in part as follows: 18. (1) A lease-option agreement, a hire-purchase agreement or other contract or arrangement for the leasing or hiring of property, except immovable property used in carrying on the business of farming, by which it is agreed that the property may, on the satisfaction of a condition, vest in the lessee or other person to whom the property is leased or hired (hereinafter in this section referred to as “lessee”) or in a person with whom the lessee does not deal at arm’s length shall, for the purpose of computing the income of the lessee, be deemed to be an agreement for the sale of the property to him and rent or other consideration paid or given thereunder shall be deemed to be on account of the price of the property and not for its use; and the lessee shall, for the purpose of a deduction under paragraph (a) of subsection (1) of section 11 and for the purpose of section 20, be deemed to have acquired the property, under the contract or arrangement on account of the rent or other consider ation. ...

An incidental payment made by the partnership was the payment of $52,000 to Bloor-Bathurst Investments Limited pursuant to an agreement, Exhibit 17, which states that the payment is in consideration of Bloor-Bathurst introducing Manufacturers Life and assisting in the negotiations for the sale of the property. ... These are considerations that to some extent support the appellant’s contention that its interest in the property was acquired and held as an investment for rental revenue purposes. However, although these are valid considerations, there is the other side of the coin to be considered also. ...

Similar protective steps are resorted to so frequently, apart from any ethical considerations, that such ‘‘hedging’’ practices cannot escape judicial notice. ... The method of carrying it out was intended as one part of a whole which was dominated by other considerations. ... The question whether in fact one of the main objects was to avoid tax is one for the Special Commissioners to decide on a consideration of all the relevant evidence before them and the proper inferences to be drawn from that evidence. ...