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However, one explanation that seems plausible is the fact that Mr Denis Lambert is the company’s manager, and perhaps as such it was agreed to give him special consideration. ...

Conclusion The following four points must be taken into consideration: (a) the nature of transactions “151(2)” (Parish of Ste-Genevieve) and “lot 32”Parish of Pointe-Claire), as reflected in the assessments for the 1971, 1973 and 1974 taxation years—is this income or capital? ...

Mr Hamlin stated he had given some consideration in depth to the elegibility of warrants for investment purposes and he treated warrants in the same manner as common stock. ...

Halsbury’s Laws of England, “Considerations affecting the question whether a partnership exists”, vol 28—Partnership; 20. ...

Counsel accepted that both the documents between the parties (Exhibits A-1 and A-8) were minimal in their content and depended to a substantial degree upon supporting information to warrant their consideration as agreements for income tax purposes. ...

Whether or not there was a reasonable expectation of profit is to be determined by an objective test and for that reason the actual performance of the partnership from a profit and loss standpoint over a period of years is a very important consideration. ...

Apart from these provisions, I know of no special considerations to be taken into account from a legal point of view in deciding whether an activity or situation constitutes the carrying on of a business for the purposes of Part I of the Income Tax Act. ...

With respect, I assume that if a response is provided to that question which at a minimum would warrant consideration, then the Board might be entitled to look beyond the specific parameters of the answer somewhat tentatively proposed in the same judgment:... when an individual has full-time status in respect of one regular activity throughout a working day, as in the present instance, any other activity indulged in during that same 24 hour day will necessarily be only a part- time activity.... ...

Fisch, in consideration of the mutual covenants and undertakings herein contained, shall make payments to White, subject to the terms and conditions of this Agreement; of a sum of Fifteen Thousand Two Hundred Dollars ($15,200) per annum, plus the sum mentioned in paragraph 5, payment whereof shall be made in the following manner: (a) The sum of Five Hundred and Thirty-three Dollars and Thirty-four Cents ($533.34) shall be payable on the first and fifteenth days of each and every month by the deposit by Fisch of such sums to the credit of White in a bank account to be maintained for such purpose by White; (b) The sum of Two Thousand Four Hundred Dollars ($2,400) per annum Shall be payable to Messrs. ...

Cameron, J, in the aforementioned case, stated at page 214 [1141]: After giving the matter the most careful consideration, I have come to the conclusion that in every appeal, whether to the Tax Appeal Board or to this Court, regarding a reassessment made after the statutory period of limitation has expired and which is based on fraud or misrepresentation, the burden of proof lies on the Minister to first establish to the satisfaction of the Court that the taxpayer (or person filing the return) has “made any misrepresentation or committed any fraud in filing the return or in supplying any information under this Act” unless the taxpayer in the pleadings or in his Notice of Appeal (or, if if he be a a respondent in this Court, in his reply to the Notice of Appeal) or at the hearing of the appeal has admitted such misrepresentation or fraud. ...