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To appreciate McConnell’s position, it should be mentioned that he had been in the same business since 1964 and, in his modesty, considered himself in 1970 to be a reasonably successful and competent professional man. He, considering all the things mentioned to him by Black and Martinello, felt that that which they proposed was reasonable; there was a good wood supply as well as skilled labour in the area, both at Rainy River and North Bay where they proposed to get their material, and all other factors being considered, the prospects of the company they suggested were good. ... These things being considered and the cases he mentioned (D J MacDonald Sales Limited v MNR, 16 Tax ABC 49; 56 DTC 481; Her Majesty the Queen v F H Jones Tobacco Sales Co Ltd, [1973] FC 825; [1973] CTC 784; 73 DTC 5577; and Algoma Central Railway v MNR, [1967] 2 Ex CR 88; [1967] CTC 130; 67 DTC 5091; [1968] S.C.R. 447; [1968] CTC 161; 68 DTC 5096), counsel submitted the appeal should be allowed and the matter referred back to the respondent to reassess on the basis that the amount claimed was properly deductible in computing the appellant’s income for its 1973 taxation year. ...

He stated that the basis of academic achievement by the candidate is considered by the Council’s Academic Bureau. ... However, the allowable expenses do not Include (a) personal or living expenses of the taxpayer (other than the travelling expenses mentioned above), (b) expenses in respect of which he has been reimbursed (except to the extent they are considered to be part of a grant received), or (c) expenses that are otherwise deductible in computing his income for the year. ... Where a taxpayer receives, as a scholarship, fellowship, bursary, prize for achievement or a research grant, a fixed sum plus additional amounts as allowances for expenses such as equipment, travel, accommodation, conferences or other expenses, these amounts are considered to be part of the scholarship, fellowship, bursary, prize or research grant, as the case may be. ...

Melton considered the property to be well located and serviced with sewer lines and waiter, and he brought the property to the attention of Melton Real Estate Lid. ... This portion of the land was therefore useless for purposes of developing a trailer park and was considered of no value to the purchasers, who had no plans for it but had been forced to acquire it as part of the package deal for the whole of the Swift property. ... It was then considered that the construction of town houses might be more appropriate, and plans and working papers for a town-house development were prepared for the site by Mr Milne, an architect (Ex A-7, 8 and 9). ...

At a shareholders’ meeting, the business of Belvedere Motel was wound up and the remaining operating assets and the building were considered to be the property of Mr René Lépine and El Pine Construction Ltd. ... Had El Pine Construction Ltd been proven to be the legal owner of 50% of Motel Belvedere, the question as to whether such an arrangement could be considered as an artificial transaction within the meaning of section 137 of the old Act might well have been considered. ...

It was alleged that, although a a certain quantity of watches were sold outside Canada, the amount involved is minimal and, for purposes of this appeal, the appellant concedes that all overseas purchases of watches may be considered as having been purchased for resale in the Canadian market. ... The Board, not being bound by the strict rules of evidence, considered the impracticality of having a witness brought to Monireal to testify that he had sent the letter and deems the letter to be a valid exhibit. ... Part III of the Income Tax Act, RSC 1952, c 148, as amended, and Part XIII of the Income Tax Act, SC 1970-71-72, c 63, as amended, clearly deal with income by way of interest, and I do not believe that under the above circumstances the Swiss suppliers can be considered to have earned interest within the meaning and intent of those Parts of the respective Income Tax Acts. ...

This definition was considered in the case of MNR v Henry J Freud, [1968] S.C.R. 75; [1968] CTC 438; 68 DTC 5279. ... By virtue of this definition, a single operation is to be considered as a business although it is an isolated venture entirely unconnected with the taxpayer’s profession or occupation. ... I do not indeed feel that merely because the expenditure was made for the purpose of determining whether to bring into existence a capital asset, it should always be considered as a capital expenditure and, therefore, not deductible. ...

The only issue in the appeal is whether certain profits realized by the appellant from the sale of certain property in the City of Montreal was income from a business or venture in the nature of trade within the meaning of sections 3, 4 and paragraph (e) of subsection (1) of section 139 of the Income Tax Act, RSC 1952, c 148 or whether the transaction giving rise to said profit was a Capital transaction with the resultant profit being considered a capital gain and therefore not properly added to income. ... Where the relevant facts as at the time of purchase are considered together with the subsequent events and the affirmations of the appellant’s shareholders, it is not realistic to conclude that the only possibility that motivated the acquisition was the ultimate creation and retention of a very substantial housing development. ... Turning now to the objective facts and circumstances surrounding this transaction, there are a number of such circumstances which, taken together, impel me to the conclusion that subject transaction must be considered a trading transaction. ...

Although the question was raised by the appellants as to whether part-time teachers are independent agents or employees of the institution where they teach, the point was not argued and the appellants stated that for the purposes of this appeal they considered they were employees of Loyola College. ... The Board understands this, but neither Mr Potvin’s opinion expressed in letters to the appellants concerning the necessity of maintaining an office nor the Board’s understanding of that necessity, can be considered as part of the employment contract with Loyola College signed by the appellants nor, in my opinion, can such a requirement be considered as implicit in the contract because paragraph 11(10)(b) is an exception to the general rule of taxation and as such must be interpreted and applied strictly. ...

To purchase or otherwise acquire and to hold and own a parcel of land in the City of Montreal lying between the south side of Kent Avenue, the north side of Van Horne Avenue, the east side of Darlington Avenue and the west side of Wilderton Avenue, with such additions thereto as may be considered necessary to construct a building or buildings to be occupied in whole or in part as a shopping centre and to act as real estate lessors and administrators in connection therewith and to sell and dispose of the said immoveable property in whole or in part for such consideration and under such terms and conditions as may be thought proper;... ... I do not believe that the architects would have voluntarily, and on their own, submitted apartment alternatives without some indication from the instructing client that the apartment alternatives were a possibility to be considered. ... The evidence before me is certainly open to the inference that appellant considered apartment construction on a portion of subject property as early as mid-1955 and, since it was not in the apartment business, such an intention would necessarily involve resale of part of the land to someone who was in the apartment business. ...

If, in subsection 83(5), “operation of a mine” means the mere physical extraction of the ore, in my view, the appellant should succeed, provided, always, that it can ever be said that income is derived from a mere physical operation of that kind considered apart from a business of which it is a part. ... A mere physical act considered apart from the other steps necessary to bring income into existence is not a source of income as con- templated by the Act. It follows that the mere physical act of extracting ore from the mine, considered apart from the business of which it forms a part, is a barren act that is not, in itself, capable of being an income source. ...