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Fisher — but he considered these others to be “rental” propositions. His original business, from which he retired, had been dealing in paintings, not in real estate. ... M.N.R., [1977] C.T.C. 2311 at 2321; 77 D.T.C. 208 at 215: In my opinion, to determine a question of the kind posed at this hearing, particularly dealing with the purchase and sale of land and considered against the background just described, requires the following: (a) an examination of the appellants’ personal and business circumstances at the time of acquisition, as such circumstances conflicted with, or complemented the probable fulfilment of their stated intention; (b) a review of the efforts made and the progress demonstrated toward such stated intention as an objective; (c) a critical consideration of the reasons advanced for the eventual abandonment or the frustration of the stated intention. ...

Fisher stated at 17 (D.T.C. 193): For the purposes of the Income Tax Act, therefore, a bad debt may be designated as the whole or a portion of a debt which the creditor, after having personally considered the relevant factors mentioned above in so far as they are applicable to each particular debt, honestly and reasonably determines to be uncollectable at the end of the fiscal year when the determination is required to be made, notwithstanding that subsequent events may transpire under which the debt, or any portion of it, may in fact be collected. ... In view of the foregoing it is not necessary to deal with the respondent's further contention that a debt is to be considered bad for the purposes of section 50 only when the whole amount is uncollectable. ...

These two sites were considered by him to be reasonably comparable. Both sites were intended for industrial development, yet site “B" sold in March of 1977 for $4,000 per acre, while site "A" was sold a year and a half later in October of 1978 for $2,750 per acre; that is $1,250 per acre less. ... He said: Indicator Number 5 is considered as the best comparable. This site was originally part of the subject property. ...

The signal case to be considered for that aspect of the matter is indeed Graham (supra). ... 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. ...

The appellants were aware of this provision and according to Hogan “considered this a personal covenant? ... In such circumstances, it is considered that the right to pursue a deficiency judgement would be precluded regardless of the amount of consideration for the conveyance to the mortgagee. ...

In this matter, I am proceeding I believe, along the same lines of examination Referring then to the testimony and evidence, only that which would be of value in making such a determination will be considered. ... The Court would also add that inventory of stock is not the only factor to be considered in such a reconstructed accrual method of arriving at a profit. ...

Part III — Law The applicable provisions of the Act that are in play are as follows: 5 (1) Subject to this Part, a taxpayer’s income for a taxation year from an office or employment is the salary, wages and other remuneration, including gratuities, received by him in the year. 6 (1) There shall be included in computing the income of a taxpayer for a taxation year as income from an office or employment such of the following amounts as are applicable: (a) the value of board, lodging and other benefits of any kind whatever... received or enjoyed by him in the year in respect of, in the course of, or by virtue of an office or employment. 56 (1) Without restricting the generality of section 3, there shall be included in computing the income of a taxpayer for a taxation year, (a) any amount received in the year as, on account or in lieu of payment of, or in satisfaction of, (vill) a termination payment. 248 (1) In this Act, “termination payment”, for a taxation year, means an amount equal to the lesser of (a) the aggregate of all amounts each of which is an amount received in the year in respect of a termination of an office or employment, whether or not received pursuant to an order or judgment of a competent tribunal, other than (i) an amount required by any provision of this Act (other than subparagraph 56(1)(a)(viii)) to be included in computing the income of a taxpayer for a year, (b) the amount by which 50% of the aggregate of all amounts each of which is the amount that may reasonably be considered to be the employee’s salary, wages and other remuneration from an office or employment for the 12 months preceding the date that is the earlier of (i) the date on which the office or employment was terminated, and (ii) the date on which an agreement, if any, in respect of the termination was entered into exceeds the amount determined under paragraph (a) for each previous year in respect of that termination whether the recipient is the officer or employee whose office or employment was terminated or a dependant, relation or legal representative of the officer or employee. ... If that date of the 17th of March is considered to be the date of notice to the applicant, was the city entitled to assume that the applicant had abandoned his right to a hearing? ...

As we discussed in subsequent meetings, Municipal policy is to discourage bare land strata plan proposals where conventional subdivisions are feasible, however, due to the configuration and location of the referenced lands, a bare land strata plan will be considered in this instance. ... When the Minister included the $30,000 in the appellant’s income for that year, he objected, contending that section 8(2) applied and the money should not have been considered taxable in his hands. ...

Keeping this self-interest and possible bias in mind I considered their evidence carefully and indeed with some initial skepticism. In addition to observing their demeanour while testifying I considered their power of recollection and narration. ...

In this case the Supreme Court considered the meaning of the phrase "ordinarily resident” in paragraph 9(a) of the Income War Tax Act which provided: 9. ... For example, could a master and servant relationship be considered to have been in existence between the appellant and the College while he was on sabbatical leave? ...