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No all-inclusive statement can be made as to when a loan can be considered to be "genuine", but a written and signed acknowledgment of the loan by the borrower and agreement to repay it within a reasonable time ordinarily is acceptable evidence that it was so. ... Justice Kerr says at pages 287-88 (D.T.C. 5195): In the absence of any definition in the statute of the expression "capital cost to the taxpayer of property", and in the absence of the authoritative interpretation of those words as used in paragraph 11 (1)(a) insofar as they are being considered with reference to the acquisition of capital assets, I am of opinion that they should be interpreted as including outlays of the taxpayer as a business man that were the direct result of the method the adopted to acquire the assets. ...

Hyrman considered Cernik and Beran partners in the project but not shareholders of either corporation, although all three are identified as shareholders in tax returns of both Cheakamus and EMT. Beran considered himself a shareholder of EMT and had a verbal agreement with respect to Cheakamus. ...

I have carefully considered the failure of Me Rossignol to prepare himself to testify in response to the subpoena and his demeanour, including his evasiveness as a witness and his inability to respond to basic questions concerning the matter in issue. ... Of course, the mere fact that the payment was made ‘under protest’ is not conclusive but, when all the circumstances of the case are considered, it flows that the respondent [company] clearly intended to keep alive its right to recover the sum paid.” ...

Counsel for the respondent submitted that the jurisprudence is such, especially in light of recent decisions issued by the Federal Court of Appeal, that the appellant’s farm income was not, and could not have been, other than a sideline business, having regard to all of the factors to be considered. ... The Federal Court of Appeal then considered full farming losses in the case of Poirier Estate v. ...

Since it was admitted by the parties to the instant case that the loss which concerns us was a non-capital loss, the provisions of paragraph 111 (1)(a) and subsection 111 (3) of the Act must be considered in order to resolve this matter. ... Judge Tremblay also considered this question in Hanusch v. M.N.R., [1985] 1 C.T.C. 2022, 85 D.T.C. 34 (T.C.C.) at page 2025 (D.T.C. 36). ...

Justice Pigeon states at page 82 (C.T.C. 443, D.T.C. 5282): It is, of course, obvious that a loan made by a person who is not in the business of lending money is ordinarily to be considered as an investment. It is only under quite exceptional or unusual circumstances that such an operation should be considered as a speculation. ...

., 8 X $1,211 $9,688; (i) the employer charged the said disability benefits to its general ledger account #7202 "Maladie" (sickness); (j) the employer considered these disability benefits not to be taxable in the appellant's hands, and therefore made no deduction (of tax, etc.) and did not issue a T4 slip to the appellant in respect of these benefits; and (k) the appellant did not repay any portion of the said benefits received by him in the 1991 taxation year. ... The society was founded to assist its members and for all practical purposes may be considered as a pension and sick benefit plan following a schedule established by its board of directors. 3. ...

The Warn pole case In the Wampole case, supra, the Supreme Court of Canada considered paragraph 87(d) of the Special War Revenue Act (later paragraph 52(1)(d) of the Excise Tax Act). ... Legislative history While the foregoing is sufficient to dispose of this case, I have also considered the legislative history pertaining to paragraph 52(1)(d), which lends sup- port to the conclusion I have reached. ...

No mention was made that such payments would be considered in whole or in part as capital. ... Such an amendment at a late stage was considered and refused in the case of McLeod v. ...

In terms of the evidence, no single factor is conclusively determinative of the issue and the surrounding circumstances must be considered, M.N.R. v. ... Ara Boyajian et al. analysis The factors that must be considered in relation to the stated intention of the appellants at acquisition include the type of acquisition, the feasibility of the project, the financing, the length of time the property was held, the historical pattern of property dealing, the determination of the operative mind(s) in the decision-making process, the degree of sophistication of the appellants in terms of property transactions and the amelioration of the property. ...