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Bau: ‘ Le contrat de société exige comme conditions essentielles de sa formation l’intention des parties de s’associer, une chose mise en commun, et la participation aux bénéfices et aux pertes de l’entreprise. ’ ’ ’ Furthermore, in endeavouring to ascertain the true intent and meaning of the type of agreement here in issue consideration, I think, must be given to such additional factors as the language in which it is couched; whether and to what extent mutually shared elements of speculation or risk exist; the extent of inequality, if any, of the authority which it vested in the parties; and the de facto conduct of the parties in giving effect to the agreement. ... The foregoing provisions serve to indicate, I think, that rather than being a partner in the accepted sense of the term, the party of the second part, which, it is admitted, had no financial resources to speak of, who had only skill to offer, accepted a subservient role in consideration of guaranteed payment of services and repayment of all its disbursements, including materials and operating costs, in carrying out the work. ...

Consideration was given to abandoning the purchase and accepting a loss of $40,000, being the amount of the deposit. ... When such material was received it was suggested that consideration would be given to cancelling the letters patent. ...

The determination required consideration of Section 1103 of the Income Tax Regulations and Section 20(1) of the Income Tax Act, R.S.C. 1952, c. 148. ... The suppliant’s right depended on whether there had been a breach of statutory duty on the part of an officer or servant of the Crown amounting to negligence on his part and the determination of the issue involved consideration of the Government Railways Act, R.S.C. 1906, c. 36, and the effect to be given to a regulation made under it. ...

The total consideration payable by Vallée shall be $100,000 payable as follows: $50,000 in cash or by certified cheque at the time of the signing of these presents. ... These clauses of the agreement deal with the object of the transaction, to wit, the right to cut and remove timber from the appellant’s lands during a period of six years for a total consideration of $100,000 to be completely paid by or on July 1, 1956, notwithstanding any other stipulation of the agreement, in the words of the document, ‘ and in any event... the amounts shall be paid not later than the dates specified’’. ...

Such an intention is an important fact, but these cases indicate that it is not conclusive, and it may be outweighed by other considerations. ... These considerations lead me to conclude that the purchase of the property by the appellant and his father was no mere investment looking, as Rand, J., said in Gairdner Securities Ltd. v. ...

There are very few reported cases in which consideration has been given to the nature of a spontaneous gift received from the members of the public, except those in which the gift may have been thought to be related to services rendered by the respondent. ... Here, no such considerations apply. In this case, as I have suggested above, the payment was in no proper sense “compensation” or ‘‘income’’; it was unlikely to ever occur again and did not result directly or indirectly from any business operation. ...

As far as I am aware, Canadian jurisprudence is lacking on the above-mentioned question, but the relevant provisions of Section 3(1) (g) were taken from and are identical to Section 2(1) (d) of the Finance Act, 1894 which has received judicial consideration in England. ... Bassett any bonuses or additional remuneration, as the directors may at any time see fit to pay after taking into consideration the services rendered by the deceased and the then financial position of the company. ...

Apart from argumentation the said briefs disclosed that consideration of paragraphs 7 and 8 was not necessary because counsel agreed that the Minister, in arriving at the figure of $119,607.11, which he considered to be undistributed income under Section 81(1), had made due allowance for the respective shareholdings of the taxpayer and Mrs. ... C.R. 4 at 12; [1955] C.T.C. 323 at 330, Ritchie, J., observed: “I entertain no doubt as to the admissibility of evidence respecting subsequent transactions in order to establish that the particular transaction under consideration marked the commencement of a series of similar transactions or of a course of conduct in the nature of a trade or business.’’ ...

., a company in the process of being incorporated, made in two separate documents a conditional offer to purchase as a going concern the entire sand business of the respondent company, with the exception of its property located on McCord Street for a total consideration of $375,000. ... With respect to the question of inventory, it can be said, I think, that the difference, amounting to $40,000, between the appellant’s and respondent’s figures of taxable income arises because the appellant, while admitting that the slump sale receipt of $40,000 must be eliminated from the company’s profit and loss account, considers that it ought to be brought into and taken into consideration as inventory and applied against the cost thereof as of March 14, 1955. ...

His entire inspection of the land and consideration of the factors involved took less than 45 minutes. ... After having given careful consideration to all the evidence, I am not satisfied that there is a balance of probability that the appellant acquired the two properties for the purpose of conducting a horse racing and breeding business on them to the exclusion of any purpose of disposition at a profit. ...