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He also consulted The Sun Trust Company and after due consideration came to the conclusion that the property would make a sound long-term investment and recommended its purchase to the Administrative Committee of the Company. ... Speaking of the risk in effecting the said purchase, the witness testified that, although one expert whom he consulted thought that the price which the Company was ready to pay was too high, nevertheless, after careful consideration, he felt at ease in recommending its purchase (Transcript, pp. 26 annd 29). ...

A little consideration shows therefore that, in the case of a single special payment, being the amount that was recommended by the actuary, the amount that could be deducted under old Section 76 for any year was one-tenth of the amount of the payment or the amount of the payment less amounts deductible for previous years, whichever was the lesser, and that the deduction was only permitted in computing incomes for the ten years commencing with the year during which the special payment was made. ... Before coming to the consideration of this question, it is well to review briefly the basic scheme of Part I of the Income Tax Act, in so far as it is relevant for, in my view, the meaning in subsection (2) of Section 26 of the 1958 Act of the words “amounts that were deductible... under section 76... in computing the income of the taxpayer for taxation years previous to the 1958 taxation year’’ can only be properly appreciated in the light of that scheme. ...

In fact, however, it was not adopted by the taxpayer for 1956 but, with no explanation as to what considerations led to it other than that the agent considered that the Ken Steeves case required it, the appellant’s computation for 1957 was prepared on the accrual basis. ... He stated that he took into account a number of considerations including payments actually received in January and February of the following year and he reached the conclusion that a proper reserve would consist of the whole amount of certain old accounts for which notes had been obtained plus two-thirds of the amount of the rest of the accounts outstanding at the end of the year which contained unpaid items more than 60 days old at the end of the year. ...

Oliveira having been a mere 36 days late in filing his applications. [25] In rejecting counsel’s request, I can do no better than to cite the authorities relied on by Justice Lafleur at the end of her reasons in Pietrovito v The Queen, 2017 TCC 119: [86] Finally, here are my last comments: no consideration of fairness or equity can be of assistance to the Appellant as this Court is a statutory court. As explained in Odebala‑Fregene, supra [2015 TCC 44]: 22 Factoring in the nature of the specialized statutory scheme of the Act and that this Court is a statutory Court, considerations of fairness do not apply. ...

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. ...