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The Appellant’s submission adds that the Supreme Court of Canada did not come to its conclusion by ignoring the separate legal status of the companies but considered the overall economic effect to the taxpayer estate. ... It provides as follows:             Paragraph 138(9)(a) of the Act requires multinational life insurers and non-resident insurers to include in computing income for a year from a Canadian insurance business the gross investment revenue that is derived from property which is considered, under a set of prescribed rules, to be used in that insurance business. ... Under Part XXIV of the Regulations, an insurer is required to choose (a process referred to as the designation of property), from among all of its investment assets, those assets which can be considered to be used in carrying on the Canadian portion of its insurance businesses. ...

Favreau, were self-employed and had always considered themselves as such.... ... Major, the workers considered themselves to be self-employed and contractors, with no obligation to be at the office and able to work at their own homes. ... As to Jean-Claude Major, he claimed on the contrary that he had considered himself an independent contractor, since he had worked from his own office in his home. ...

Analysis [18]            The issue of whether cutting timber on farm property constitutes an adventure in the nature of trade has not been extensively considered in the cases reviewed, although it was addressed by Kempo J. in the Tax Court of Canada judgment in Mel-Bar Ranches Ltd. v. ... " Other factors considered in Mouat were that the appellant was not dependent on the sale of timber and that the trees were not planted in anticipation of a crop. ... But, if what is sold relates to the use of land, including excavation for gravel, that is a profit à prendre, thus taxable income, whether or not the sale is considered to be a 'business'.... ...

The appellant Carmelle Vachon filed a 20-page written explanation, which I have considered carefully; the transcript has also been reviewed. ... The "Other" expenses should not be considered in computing the deductible losses for the Florida condominiums. ... Consequently, the Mississauga property cannot be considered as a source of income from a business or property, and the appellants may not deduct expenses relating to that property. ...

Messier-Lafleur, her physician and Financière; The plan specifically provides for occupational rehabilitation, which is then considered a rehabilitation activity deemed salutary for the member; Thus, under that occupational rehabilitation program, Ms. ... Messier-Lafleur did not receive a salary for those hours from NBC; As a result of a decision by Financière in which NBC did not participate, benefits ceased on November 28, 1998, after 30 months of disability, because Financière considered that, although Ms. ... Throughout that rehabilitation period, she worked a total of 294 hours for the appellant and received no salary but was entitled to her disability insurance benefits from Financière, since she was still considered disabled with regard to her usual occupation. ...

  [26]          Having heard this evidence and considered it in the overall context of the evidence, but without deciding the matter, Mr.  ...   [30]          This was the only evidence before the Court of what could be considered at all reflective of hours actually worked by other instructors generally in fulfilling their TCH obligations. ... The ruling then acknowledged that some credit need be given for preparation and marking, considered the 2.17 factor and concluded: “The insurable hours issued by St.  ...

  [5]               As for William Jones, he considered himself as being on early retirement for about 10 years. ... Wrights' Canadian Ropes Ltd., contends the respondent, unless the Minister has not had regard to all the circumstances of the employment (as required by subparagraph 3(2)(c)(ii) of the Act), has considered irrelevant factors, or has acted in contravention of some principle of law, the court may not interfere. ... However, the fact that the salaries paid to these three other family members may be considered unreasonable does not necessarily mean that the Workers’ pay was so as well ...

Thus, where the nature of a taxpayer's venture contains elements which suggest that it could be considered a hobby or other personal pursuit, but the venture is undertaken in a sufficiently commercial manner, the venture will be considered a source of income for the purposes of the Act.   53    We emphasize that this "pursuit of profit" source test will only require analysis in situations where there is some personal or hobby element to the activity in question. ... We would also emphasize that although the reasonable expectation of profit is a factor to be considered at this stage, it is not the only factor, nor is it conclusive.  ...   [47]     Notwithstanding any other provision of the Act subsection 143.2(6) calculates the expenditure amount in respect of a tax shelter investment, which is essentially the amount of a taxpayer's expenditure before applying the rules, reduced by deducting the total of:   (i) limited recourse amounts that can reasonably be considered to be related to the expenditure;   (ii) at-risk adjustment in respect of the expenditure; and   (iii) limited recourse amount and at-risk adjustment of each taxpayer who deals at arm's length with the taxpayer and holds an interest in the taxpayer, that can reasonably be considered related to the expenditure ...

Thus, where the nature of a taxpayer's venture contains elements which suggest that it could be considered a hobby or other personal pursuit, but the venture is undertaken in a sufficiently commercial manner, the venture will be considered a source of income for the purposes of the Act.   53    We emphasize that this "pursuit of profit" source test will only require analysis in situations where there is some personal or hobby element to the activity in question. ... We would also emphasize that although the reasonable expectation of profit is a factor to be considered at this stage, it is not the only factor, nor is it conclusive.  ...   [43]     Notwithstanding any other provision of the Act, s ubsection 143.2(6) calculates the expenditure amount in respect of a tax shelter investment, which is essentially the amount of a taxpayer's expenditure before applying the rules, reduced by deducting the total of:   (i) limited recourse amounts that can reasonably be considered to be related to the expenditure;   (ii) at-risk adjustment in respect of the expenditure; and   (iii) limited recourse amount and at-risk adjustment of each taxpayer who deals at arm's length with the taxpayer and holds an interest in the taxpayer, that can reasonably be considered related to the expenditure ...

Thus, where the nature of a taxpayer's venture contains elements which suggest that it could be considered a hobby or other personal pursuit, but the venture is undertaken in a sufficiently commercial manner, the venture will be considered a source of income for the purposes of the Act.   53    We emphasize that this "pursuit of profit" source test will only require analysis in situations where there is some personal or hobby element to the activity in question. ... We would also emphasize that although the reasonable expectation of profit is a factor to be considered at this stage, it is not the only factor, nor is it conclusive.  ...   [47]     Notwithstanding any other provision of the Act subsection 143.2(6) calculates the expenditure amount in respect of a tax shelter investment, which is essentially the amount of a taxpayer's expenditure before applying the rules, reduced by deducting the total of:   (i) limited recourse amounts that can reasonably be considered to be related to the expenditure;   (ii) at-risk adjustment in respect of the expenditure; and   (iii) limited recourse amount and at-risk adjustment of each taxpayer who deals at arm's length with the taxpayer and holds an interest in the taxpayer, that can reasonably be considered related to the expenditure ...