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Bearing in mind that shares in a corporation are in a different position for present purposes from some other kinds of property, I am nevertheless, after having considered the various relevant indicia revealed by the whole of the evidence, left with the conviction that the appellants’ dealings in corporate shares constituted a business within the definition of that word in subsection 248(1) of the Act. ...

The decision to make sales of this kind was adopted as a business policy because it was considered to be in the best overall commercial interests of the appellant. ...

Maurice Desjardins (sole specified shareholder owning ten per cent of the capital stock (125(9)(c)) and his daughter Martine are in effect the only persons who can be considered to have provided the services. ...

As between the business of farming and the business of practising medicine, when what was committed to each is considered together with the financial results of each it is, I think, apparent that farming was in a sideline relationship to practising medicine. ...

What are the facts which emanate from the evidence in this appeal that considered objectively, as suggested by Dickson, J., are conducive to a determination of the issue before the Court? ...

But, in principle, there does not appear to be any major argument between the parties that the "concentrate", in itself could be, and should be considered for purposes of the Act as a "property for sale", and the Court has not looked at that question. ...

The appellant’s submissions before the Court may be summarized as follows: a) that the amount of $16,000 be considered as damages, as it was intended to be, and the retrospective application of the amendments to the Act should be disregarded; b) that the amount of $1,612.77 which he received as alleged salary for the month of May 1979 be also treated as non-taxable damages, and again notwithstanding the retrospective application of the amendments to the Act; c) that in the event that the Court should decide that the amounts of $16,000 and $1,612.77 were termination payments, therefore taxable, that he be allowed to purchase an income-averaging annuity with the aggregate of these amounts; d) finally, that in the event that the Court should reach the conclusion that the amounts he received in April 1979 were taxable, the respondent has not computed the taxable portion of these amounts in accordance with formula prescribed in subsection 248(1) (definition of “termination payments"). ...

The Queen, [1983] C.T.C. 173 at 183; 83 D.T.C. 5193 at 5202 Cattanach, J. considered the degree and quality of the evidence necessary to establish a declaratory trust. ...

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 relevant provision of the Income Tax Act to be considered is subparagraph 45(1)(a)(ii) which reads as follows: 45. (1) For the purpose of this subdivision the following rules apply: (a) where a taxpayer, (ii) having acquired property for the purpose of gaining or producing income therefrom or for the purpose of gaining or producing income from a business, has commenced at a later time to use it for some other purpose, he shall be deemed to have (iii) disposed of it at that later time for proceeds equal to its fair market value at that later time, and (iv) immediately thereafter reacquired it at a cost equal to that fair market value; Counsel for the appellant contends that the acquisition of the property in 1966 was solely for the purpose of ultimately building a retirement home. ...