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In reassessing the Appellant as he did, the respondent relied, inter alia, upon the following assumptions of fact: (a) that the Appellant commenced his farming activities in 1978; (b) that at all material times, the Appellant had other full time employments, leaving little time to devote to the farming operation; (c) that the majority of the expenses claimed by the Appellant in relation to his farming activities constituted personal or living expenses and were not expenses incurred or outlays made in connection with a business carried on for profit or with a reasonable expectation of profit; (d) that at all material times, the extent of the Appellant’s farming activities and the income generated by such activities were not significant enough to be considered a viable business; (e) that at all material times, the Appellant carried on his farming activities without any expectation, or without any reasonable expectation, of profit; (f) that at all material times, the Appellant was not carrying on a farming business. ...

During the years in question, these monthly payments were understood by the office accountant Mr Morris to be considered as personal loans by the corporation to the shareholders, and the amounts were accumulated in ledger accounts entitled “Shareholders Loans”. ...

Whereas Freda Boyce could be considered a child of the deceased for taxation purposes — vide, Re Crowthers, [1978] 1 WWR 262 (BCSC) — There was insufficient evidence from which any inference could be drawn that her participation in the farming operations was beyond that of providing assistance to her husband and the family in general. ...

The respondent considered that the expenses incurred in relation to the appellant’s farming activities were personal or living expenses. 2. ...

Its approach to it was unusual and might even be considered bizarre but, in total, Schedule A which deals with the item at issue is a rather reasonably detailed statement, as I read the information. ...

Those personal consequences, when considered with the act made and the type of business carried on, are only a secondary consideration. ...

Each case must be decided on its own facts and though counsel for the respondent cited Wonsch Construction Limited v MNR, [1968] Tax ABC 1009; 68 DTC 727, a decision of R S W Fordham, Esq, QC, as a case that might be considered as being on all fours with the appeal before me, I choose not to follow it because I am satisfied with the evidence before me that the appellant’s intention ab initio was to establish a lasting investment which was frustrated by the most peculiar and rapid increase in building activity and construction costs. ...

It is well established that, for purposes of the Minister’s 1976 assessments, the respondent considered the second Ennismore house to be part of the appellants’ (partnership) inventory and was treated as such by him. ...

This in the Appellant’s view was completely unthinkable as he considered that his own business reputation was at stake, and that in the absence of any other, it was his sole responsibility to ensure that the students with whom Ships School had contracted could complete their tour and be returned safely to Canada on the date stipulated. ...

The arguments made by the respondent with respect to the periodicity of payments, the delays in which payments can be properly considered periodic and that such payments need only be payable and not necessarily paid on a periodic basis are not pertinent to the issue. ...