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(e) Finally, respondent’s gain cannot properly be considered as having arisen fortuitously. On the contrary, uncontradicted evidence shows that it is the result of a carefully considered plan executed as conceived. ...

The reasons for purchasing the DeMers property, in view of the fact that it was only 200 feet from the Forsythe property, would appear to the Board to be fairly obvious—$9,000 was paid for three and one-half acres of the Forsythe property, and at $12,000, even for 10 acres let alone the 150 acres they received, probably the DeMers property was considered by them to be a good purchase, even with the abandoned oil wells. ... The amount of profit involved should be considered, for income tax purposes, as capital gains. ...

In fact, his primary intention could have been to build a business premises or to build a rental property, but it is sufficient that if at the time of purchasing the property the appellant considered the possibility of resale at a profit and that consideration was one of the operating motivating considerations that led to the purchase of the property, then that is a sufficient intent, a secondary intent if you will, as substantial case law has defined it, that is, a sufficient intent to characterize the transaction as an adventure in the nature of trade. Suffice it to say that had the reassessment of the Minister rested on that proposition—"the appellant considered the possibility of resale at a profit’’—in my opinion, it would have been made on extremely tenuous grounds. ...

I can only conclude from the above statement that a taxpayer, in order to be considered a trader for income tax purposes, must carry on the sort of trading activity ordinarily conducted by traders employed by brokerage houses. ... As fundamentals are not the tools of a trader, the appellant can only be considered an investor. ...

The T4 forms for the years 1968 and 1969, however, do indicate that the appellant’s salary was paid on a commission basis fixed by Ord, Wallington & Co Ltd who, in fact, considered the appellant to be an employee and did exercise some control over her activities including the power to dismiss her (Exhibit R-1). ... The disbursement, moreover, cannot in my view be considered as a current expenditure because the money was not expended by the appellant in 1968 and 1969 to earn income from a business. ...

He considered both of the submissions put forward by the Minister as plaintiff before the Federal Court. ... Walsh, J, in arriving at his decision, considered paragraph 11(1)(la), subsections 16(1) and (2), and paragraph 6(1)(da), and I do not propose to deal with them in this judgment other than to say that I adopt his reasoning completely. ...

The third point in the case deals with the sale of two properties, the profits from which were considered and assessed by respondent as deriving from a venture or business of a commercial nature. ... The sale of these properties can only be considered in the light of soil defects and the unexpected flooding in the basements of the buildings. ...

Questions such as these are practical questions of fact and must be considered carefully in the light of all the circumstances, It may well be that the appellants had several reasons for acquiring the 10-acre plot and these may have included the use of part of the property for business pur- poses and the eventual resale of the land after their parents could no longer make use of it, but these reasons do not necessarily constitute secondary intention as an important motivating factor. ... A sound investment must contain some element of speculation, otherwise it would not be considered sound. ...

It was considered in that instance that the Minister neither reassessed nor confirmed the assessment but that he vacated the assessment, and that by striking out the assessment itself and reducing it to “nil” there could not possibly be a right of appeal. ... The sale of one building and the purchase of the other were transacted on the same day by the same real estate agent and can be considered as a “switch” in which the amount derived from the sale of one building went to pay for the purchase of the other. ...

Since the appellant never made use of his pass, counsel for the appellant contends that the pass had no value for the appellant and, since remuneration is defined as “a reward for services rendered”, counsel concludes that the pass cannot be considered as a partial remuneration for services rendered. ... I find it very difficult indeed to consider, under the circumstances of this case, that the entitlement to the bus passes given to the employees as a fringe benefit resulting from a collective agreement and dealing with conditions of employment at BC Hydro can in any way be considered as a capital asset which was sold for $100. ...