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The Queen, [1983] C.T.C. 173 at 183; 83 D.T.C. 5193 at 5202 Cattanach, J. considered the degree and quality of the evidence necessary to establish a declaratory trust. ...

The following criteria should be considered: the profit and loss experience in past years, the taxpayer’s training, the taxpayer’s intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ...

The relevant provision of the Income Tax Act to be considered is subparagraph 45(1)(a)(ii) which reads as follows: 45. (1) For the purpose of this subdivision the following rules apply: (a) where a taxpayer, (ii) having acquired property for the purpose of gaining or producing income therefrom or for the purpose of gaining or producing income from a business, has commenced at a later time to use it for some other purpose, he shall be deemed to have (iii) disposed of it at that later time for proceeds equal to its fair market value at that later time, and (iv) immediately thereafter reacquired it at a cost equal to that fair market value; Counsel for the appellant contends that the acquisition of the property in 1966 was solely for the purpose of ultimately building a retirement home. ...

When the indicia which it is said establish the existence of the Sedelnick partnership are considered together and regarded in light of the adverse inference to be drawn from the fact that the executor did not testify, they fall far short of discharging the onus on the appellant to establish that the respondent erred in denying the existence of that supposed partnership. ...

It was for this reason that a particular sale of 50 acres therein identified as Sale “D” dated June 1972 for $1,000 per acre had been considered by him as inapplicable. ...

However, when considered in the context of all the evidence, it does constitute one more element in the sequence of the circumstantial evidence that must be appreciated to arrive at a decision. ...

Both learned counsels cited numerous cases; all were read and considered. ...

The appellant was not conversant with the Company's business or affairs but she was aware of the “buy-sell” agreement and considered that she was obliged to sell her shares to George Ernest Parkes on demand. ...

In a question from me, counsel for the Minister replied that in cases when the administrator pays the amount of tax, interest and penalty as a result of his liability under subsection 159(3) the practice of the Minister is to credit the account of the Estate with the payment; the assessment of the Estate is considered by the Minister to be paid. ...

The assumption of this mortgage was considered as payment in part of the purchase price. — In 1980, 1981 and 1982, the Appellant deducted the interest paid on the Victoria and Grey mortgage which he had assumed with respect to the purchase of his new residence, against the interest earned from the original loan made to Joline Automobiles Ltd. ...