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Two further considerations which appear to me to lend support to this conclusion are (1) that the installation and equipment of the Maclean shaft suggests that the previously existing shafts, facilities and equipment would not have served satisfactorily the purpose of exploiting the Maclean ore body if, indeed, they could have been made to serve it at all, and (2) that the investment of capital and the development of the productive capacity of the Maclean workings, which otherwise might or might not have taken place, appear to me to be among the objects that the exemption of the section was designed to encourage. ...

Under indenture of November 27, 1967 (exhibit A3), the appellant purported to lease to Transworld Company the said property for one year at a rent of $6,000, payable at $500 per month, with a clause for renewal of the term up to 10 years “by agreement between the parties’’ and a further clause, “In consideration of the granting of this lease, the lessee hereby agrees to surrender to the lessor all of its right, title and interest to the improvements hereby demised for the sum of Forty-Nine Thousand, Seven Hundred and Sixty-Eight Dollars and Fifty- One Cents ($49,768.51)’’. ...

Further consideration has been given to the grounds on which the Department takes the position outlined in our letters of November 14th, 1963 and January 8th, 1964 and to the arguments advanced by Mr. ...

In addition, however, from a careful consideration of the whole of the evidence, I make these further findings of fact, namely: 1. ...

That question is one of fact to be decided upon the evidence adduced and the proper inferences to be drawn from that evidence and the onus of establishing that the sole main reason was that of business consideration, falls upon the appellants. ...

Obviously board which has been consumed and lodging which has been enjoyed cannot be converted into money by the taxpayer either subsequently or prior thereto and, in my view, the identical considerations apply to other benefits of any kind whatsoever’’. ...

If, after consideration of these facts, it should be concluded that the inference to be drawn is one of “trading”, then the matter must be considered to ascertain if there is some satisfactory explanation, consistent with the facts as found, which would negative that prima facie inference. ...

C.R. 3; [1956] C.T.C. 189, Thorson, P. said at pp. 25, 211: In my opinion, it may now be taken as established that the fact that a person has entered into only one transaction of the kind under consideration has no bearing on the question whether it was an adventure in the nature of trade. ...

However, a consideration of the facts discloses that such an assumption is not warranted. ...

In adjudicating upon the true meaning of this subsection, it seems patent that consideration should be given to the premises that the Parliament of Canada when it enacted Section 7 (1) (d) of the Estate Tax Act must have intended that the calculation of the deduction authorized could be understood and made by the great body of practising solicitors, accountants, trust officers, insurance advisers, and others, who day to day are called upon to advise individual members of the public in matters such as this and which advice is now usually given in connection with what is called Estate Planning; and that the services of an actuary should not be necessary for these purposes. ...