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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 difference between the two rates would be sufficient to justify the appellant to sign “for the purpose of gaining income”. 4.03.3 The counsel for the appellant also submitted that the quantum of consideration is not a factor to be considered in determining whether a guarantee is given for the purpose of gaining income. ...

There were perhaps certain elements of “goodwill” in IEM (see in that case the comments concerning Metropolitan Taxi Limited v MNR, [1980] CTC 2609; 80 DTC 1528, but the Board did not accept the Minister’s argument that the amount of the “goodwilll” should be attributed to the number of beds, even when considered together with the patients’ contracts. ...

The following criteria should be considered: the profit and loss experience in past years, the taxpayer’s training, the taxpayer’s intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ...

In the 1960s the appellant considered preliminary plans for the development of the Dufferin Street property, but what these plans were is vague. ...

The Queen, Cullen J. considered the requirements of section 230 and stated as follows: Section 230 of the Act requires taxpayers to keep adequate books and records. ...

Section 118.4: Nature of impairment. (1) For the purposes of subsection 6(16), sections 118.2 and 118.3 and this subsection, (a) an impairment is prolonged where it has lasted, or can reasonably be expected to last, for a continuous period of at least 12 months; (b) an individual’s ability to perform a basic activity of daily living is markedly restricted only where all or substantially all of the time, even with therapy and the use of appropriate devices and medication, the individual is blind or is unable (or requires an inordinate amount of time) to perform & basic activity of daily living; (c) a basic activity of daily living in relation to an individual means (i) perceiving, thinking and remembering, (ii) feeding and dressing oneself, (iii) speaking so as to be understood, in a quiet setting, by another person familiar with the individual, (iv) hearing so as to understand, in a quiet setting, another person familiar with the individual, (v) eliminating (bowel or bladder functions), or (vi) walking; and (d) for greater certainty, no other activity, including working, housekeeping or a social or recreational activity, shall be considered as a basic activity of daily living. ...

In reassessing, the Minister considered the classification of the assets in question. ...