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While the multiplicity of transactions does not of itself determine that they were operations in a scheme of profit-making, it has been held that it may be an important factor when considered in the light of the surrounding circumstances. I am not persuaded that, so considered, the transactions entered into by the respective appellants were not numerous. ... The mortgages were not the kind that would be considered for investment purposes by a person who was primarily concerned with a return of his money by way of interest. ...

(F.C.A.)[2] the Federal Court of Appeal had similarly said the traditional Sagaz/Wiebe Door factors must be considered “in the light of the parties’ intent.” [11] This second step is otherwise the same as how the Court would proceed in cases where there is no common shared intention regarding the characterization of the work relationship by the parties. ... The effect of the supervision or control of a worker by the payor’s client has been previously been considered by the court to reflect relevant control and supervision by the payor in comparable circumstances. ... Irregular, casual workers may be common in a gig economy, but are not excluded from being casual employees once relevant factors are considered and weighed. [16] Having regard to the evidence in this case, I believe CSS’s control over the work, and the subordination of the workers to CSS, clearly weigh in favor of employment over independent contractor status. ...

It is also a well established principle that, in endeavouring to determine whether a transaction constitutes a non-taxable realization or change of investment, or is taxable gain made in carrying out a scheme of profit-making, each case must be considered according to its facts and that it is impossible to lay down a test to meet all circumstances. ... C.R. 4 at page 12; [1955] C.T.C. 323 at page 330, in judging the appellant’s course of action, transactions subsequent to the one in issue may be considered. ... Fournier, J., in the recent case of Algoma Central and Hudson Bay Railway Co., [1961] C.T.C. 9, held that certain governmental land grants received by the appellant should be considered as income and not as true capital gain. ...

In my view, it seems more probable that the directors of the company, with their knowledge of market conditions, considered the shares when purchased to have a speculative value and that when, a short time after the purchase, they had increased in value by 70 per cent, it was decided to sell a sufficient amount to pay the overdraft in full, retaining the remaining 1,600 shares now fully paid for in the hope that the market might still further improve. ... That term was considered at length by the President of this Court in M.N.R. v. ... It is what he did that must be considered and his declaration that he did not intend to make a profit may be overborne by other considerations of a business or trading nature motivating the transaction. ...

Frankly, sir, I do not think we considered it in that light. We were practically so sure from all the glowing reports and all the encouragement we got and from the enthusiasm that we never even gave it a serious thought that we would not be successful, only actually when we were turned down by the head offices of Texaco Company. ... Bercovitch that the only course actually considered when it became obvious that the loan could not be obtained was that of sale. ... To my mind, it is not without significance that that course was the only alternative course considered and that it was decided upon as the only thing left to do. ...

The parties, however, by an agreement made contemporaneously with the granting of the option to the Shell Company which recited that the companies considered that it was in their mutual interests to grant the option, agreed that in the event that Shell purchased any of the mineral rights, Minerals would accept $2 per acre as settlement for its interest in the rights so purchased. ... The learned judge rejected this contention since he considered that it was clear that after December 30, 1950, Minerals was entitled to the full royalty of nine per cent and Leaseholds to no part of it. He considered that the only reasonable interpretation to put upon that part of the Agreement of Settlement and Adjustments referred to was that Minerals thereby agreed to cancel that part of their contract of July 7, 1944, by the terms of which Leaseholds was bound to pay Minerals one per cent more royalty than Imperial Oil would pay by the terms of the new agreement of December 30, 1950. ...

The appellant attempted to purchase the property adjoining 56 Donald Street, again for the avowed purpose of improving this particular holding, this time as a potential apartment site, but the appellant considered the prospective vendor’s asking price to be exorbitant. ... The appellant refused several unsolicited offers to purchase properties owned by it for the obvious reason that it considered the offered prices too low. ... Statements now made as to intention at the time of acquisition must be considered along with the objective facts. ...

The donation to be made by me to THE ROYAL TRUST COMPANY for the benefit of my said daughter, AGNES HENRY WILSON, shall be considered as a payment to my daughter in advance on account of her share in my estate and in the division of my estate the TRUST PROPERTY mentioned in the said Deed, or the securities representing the same at the time of my death, shall be considered as of the value of FIFTY THOUSAND DOLLARS? ... The aforesaid treatise next goes on to say that: “In the case of a general power it is considered by the legislature that such a power in the hands of the donee (or holder of property) amounts to ownership of the property comprised in the power.” ...

He said that they had considered the facts, the past performance of the registered proprietorship and the potentialities of future business and arrived at $75,000 as a fair figure for the goodwill. ... Pomerlan, the senior valuator of the valuation unit of the Department at Ottawa, considered that there was no element of goodwill in the appellant’s business, that it was highly personal to him and not transferable and that his connection of customers had no value. ... The privilege, granted by the seller of a business to the purchaser, of trading as his recognized successor; the possession of a ready formed ‘connexion’ of customers, considered as an element in the saleable value of a business, additional to the value of the plant, stock-in-trade, book-debts, etc.” ...

After the appellant filed its income tax return for the 1950 taxation year, (a) the return was inspected by an assessor who checked the computation of the tax payable by the appellant on the basis that the taxable income shown by the income tax return was correct; (b) the work of the original assessor was checked by another assessor; (ec) the payments claimed to have been made were checked by an appropriate section of the Toronto Office of the Department; (d) the tax payable by the appellant was determined by the Deputy Minister as indicated on the original ‘ Notice of Assessment’ without further investigation than indicated by subparagraphs (a), (b) and (c) of this paragraph; (e) the original ‘Notice of Assessment’ was sent out on behalf of the Deputy Minister; (f) it having been decided that the return should be reviewed to ascertain whether a ‘reassessment’ was appropriate, another assessor inspected the return and, upon checking the computation of taxable income, conducted an examination of the Company’s records as a result of which a ‘reassessment’ of the Company was considered by the appropriate officers of the Department and the tax payable by the taxpayer was redetermined by the Deputy Minister as indicated on the ‘Notice of Reassessment’; and (g) the ‘Notice of Reassessment’ was sent out on behalf of the Deputy Minister. 4. ... He submitted that all that the Minister had done by the checks made by his officers and his determination, through the Deputy Minister, of the tax as indicated in the original notice without further investigation, as set out in paragraphs (a) to (d) of Section 3 of the agreed statement of facts was the performance of a purely mathematical function, but the assessment function required more than this; that it cannot be said that the Minister made an assessment if all that his officers did was to peruse the return and compute the tax on the basis shown by the taxpayer without any separate computation by them; that the Minister must do more than merely have his officers peruse or inspect the taxpayer’s return and accept his computations, as checked, of his income, his taxable income and his tax; that assessment is a formal and important operation; that while the Minister may make certain assumptions, such as that the return is in accordance with the books, that what is listed as income has been received or is receivable, that the stated expenditures have been made, that the taxpayer’s method of accounting is consistent with that of prior years, that the items in the return are the only ones to be considered and the like, he must, nevertheless, ascertain for himself that the taxpayer has properly computed his income, his taxable income and his tax; that in the course of such ascertainment the Minister must decide whether the deductions claimed are proper and check all additions and subtractions; that the Minister must also determine whether instalment payments have been made as required and whether any interest is payable; and that the Minister must do all these acts before it can be said that he has made an assessment. ... In support of his submissions counsel referred to certain decisions of this Court in which the nature of the assessment operation was considered. ...