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I have given this argument my best consideration, but I cannot escape the conclusion that the original idea, namely, to make gain or profit, continued. ... The character or nature of the transaction must be viewed in the light of the circumstances under which it was embarked upon and the decision as to the side of the line on which it falls made after careful consideration of its surrounding facts.” ...

It ex- amined 17 out of 60 mining properties offered for its consideration, participated in one prospecting syndicate, and expended a total of $36,128.29 on this work. ... That is, undoubtedly, an element to be taken into consideration, and there might be cases in which it was the determining factor. ...

As a further part of the consideration for the said sale the Company shall forthwith pay to the Vendor the sum of $105,000 of lawful money of Canada. 4. ... It is in evidence that the respondent company paid the Kirby Company of Toronto the expressed consideration of $105,000 by cheque, and that by-law 3(A) of the directors was ratified at a meeting of the shareholders held on October 1, 1952. ... The Board fixed the aggregate consideration therefor at $17,998 and authorized the issue of such common shares upon payment of that amount. ...

We anticipate your favourable consideration of our request.’’ On June 30, 1953, Copeland’s Board of Directors adopted a resolution reading as follows: “The Chairman read to the meeting a letter from Mr. ... The letter from the President of Pillsbury pointed out that due to operating conditions and organization problems the company was without sufficient funds or income to meet this commitment and he requested that this Board give consideration to waiving the interest for this period. ... Nevertheless, some consideration must be given to the function of this provision in the Income Tax Act and to the wording of the provision as a whole in considering the ambit of paragraph (c) in relation to the facts of this case. ...

Several further features of the transactions which appear to me to be established should also be mentioned. (1) When a rebuilt engine was delivered by the appellant to a dealer the consideration therefor was the price plus a rebuildable engine of the same model. (2) The amount of the core deposit was not part of the consideration for the rebuilt engine delivered by the appellant. (3) When a core deposit was paid by a dealer a corresponding obligation to repay it arose and existed throughout the period during which the deposit was held by the appellant though such obligation did not become due or recoverable by the dealer until he had delivered a rebuildable used engine of the model in question. (4) The acceptance by a dealer of a rebuilt engine on the terms which I have mentioned raised a contractual obligation on his part to deliver a rebuildable used engine of the same model which obligation remained in effect until it was performed or was discharged by agreement. The fact that in practice the appellant did not enforce this obligation by suing for damages but employed the technique of retaining a deposit of much greater value than that of the engine is not in my view, inconsistent with the existence of the obligation. (5) When a rebuildable used engine was delivered by the dealer pursuant to the contract it was delivered in discharge of this obligation and the consideration for it was the rebuilt engine which the appellant had already delivered to him. (6) The refunding of the deposit was not the consideration for the engine which the dealer so delivered. ...

., for the consideration of $500, an option for 120 days to purchase all their assets for $540,293.25 eash with the right to the Corbett Lumber Company to continue logging and to make expenditures for roads, all to be added to the purchase price. ... By extension of May 6, 1959, for the consideration of $1, the option was extended to June 15, 1959 (Ex. 37), and by payment of $25,000 the option was extended for 120 days from June 15, 1959. ... As against that there was one entire consideration for all the assets and a covenant not to compete. ...

If the additional payment is the sole consideration for use of the money, there would appear to be a very strong probability that it is interest or a payment in lieu of interest. ... There is no doubt that the risk of loss was a paramount consideration present in the minds of the directors of the Ferguson companies and it is equally clear that the chance of substantial gain, namely, a bonus of $56,000 or in terms of percentage 45 per cent on the principal sum, offset the risk of loss and was the determining factor in the decision to make the loan. ... There is no doubt that the prospect of a very substantial premium within a very short period of time was the dominant consideration. ...

In 1952, 5.6 acres were to be sold the Company for a total consideration of $13,000. ... Therefore, the ultimate sale to the appellants in 1955 was 11.2 acres for a consideration of $26,376 which was worked out by the appellants on the same basis as the tentative sale to the Company in 1952 for $13,000. ... Realty Ltd. and to Milne were not dictated by any relationship of suppliers to the Company, but rather such sales were completely independent of such consideration. ...

Ltd. en considération des renseignements que l’intimé avait J* 7 h.: fournis à Canadian Chemical & Cellulose Co. ... In consideration for such action on your part, we hereby waive any and all claims which we might have against the said F. ... Ltd. en considération des renseignements que l’intimé avait fournis à Canadian Chemical & Cellulose Co. ...

In cross-examination, counsel for the respondent filed as Exhibit 9 a deed of sale or transfer dated August 13, 1959, whereby the respondent Company transferred to Cemp Edmonton Shopping Plaza Ltd. the balance of ‘‘the property” for a consideration of $210,214.08. ... Golden, the respondent, the Lutheran Church, the City and Imperial Oil joined in the registration of a re-plot plan, dated August 25, 1958 (see Schedule 2) which gave effect to the following transactions: The respondent, while retaining Lots 43 and 46, in consideration of the sum of $20,000 and the exchange of Lot 48 sold Lot 44 (which, with the consent of all interested parties, was re-zoned “commercial”), to Imperial Oil Co. ... C.R. 4 at 12; [1955] C.T.C. 323 at 330, where Ritchie, J. observed: T 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. ’ ’ See also to the same effect, M.N.R. v. ...