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The main thrust of counsel’s argument on this point, however, was directed toward persuading the Board that any amounts payable under any set of circumstances resulting from the enforcement of the third party guarantees could not be considered interest. ... Lewis v MNR (supra) at page 157 [485]: Counsel for the respondent pointed out that “Interest on Money” is defined in Halsbury’s Laws of England, 2nd ed, Volume 23, page 174, paragraph 253, as follows: “Interest, when considered in relation to money, denotes the return or consideration, or compensation for the use or retention by one party of a sum of money or other property belonging to another, and may arise from a loan, or investment of money, or as a result of money or property belonging to one party being retained or unrepaid by another.” ... Rejecting the main argument made for the appellant (that the payments could not be considered interest at all), counsel noted: L’argument de mon confrère tente de laisser entendre qu’un paiment ne devrait pas constituer de l’intérêt lorsqu’il est payé par une partie qui n’a pas pu utiliser l’argent, qui n’a pas reçu l’avance de fonds. ...

Cairns was actively considered by the Appellant in 1969 for employment upon the acquisition by the Appellant of a large wholesale grocery business. the negotiations for the acquisition of which proved abortive at that time. 25. ... According to the witness, the building was transferred at $24,880 which was the undepreciated capital cost — possibly to avoid recapture but also because it was considered to be part and parcel of a reasonable price for the overall deal. ... Since 1968 it has changed its charter and its name, and has filed documents in other jurisdictions to protect the name of Valu-Mart. it was actively considered by management for the acquisition of the assets of another company. ...

This is at the low end because, again, they are considered a very good tenant and they do sell a lot of merchandise and we wanted to have them in our centre so they do get a very favourable deal. ... Therefore, the payment being made for loss of income must be considered as income. 4.03.11 It is a well established principle of law that the method of computation of damages is no criterion of their character as capital or income. ... The preponderance of the evidence is in favour of the appellant’s thesis: the allocations were given by the landlords of the shopping centres only to induce the appellant to rent a location in the shopping centres, but in fact this is the third assumption of fact of the respondent (para 2.02-6(n)). 4.03.16 The appellant contends that the “inducement” payments must be considered as windfall payments because they were made without any relationship whatsoever with the various financial considerations of the lease. ...

The above occupation right shall be considered as payment in kind of part of the support monies allocated for Mrs Jacoby and the children. ... A draft agreement prepared by the wife but not accepted by the husband who, after the event, wished to have it considered a written agreement. ... Much later the husband wished to have it considered a written agreement for tax reasons. ...

The purchase price shall be increased by 30% of the total annual commissions generated by business transacted by the vendor, in the event the vendor leaves the purchaser of his own accord or in the event the purchaser has to end the job contract because of: (A) a breach of one or more stipulations, conditions or clauses in the employment contract; (B) dishonest and reprehensible conduct in regard to his professional activities (failure to remit or not remitting within a reasonable time money received by the vendor, without valid cause or excuse shall be considered dishonest and reprehensible conduct); (C) Conditions of payment shall be cash within sixty days after the withdrawal or dismissal, less the amounts payable by the purchaser. ... It would be difficult to speak of a complete transfer in this case, when it is noted that Peloquin undertook to continue serving his clients, if asked, that he became at least nominally a member of the firm, that he specified that the services to his clients would be provided in his name, and especially that he reserved the right for two years to terminate the agreement at will and resume complete control of his practice, if he considered it advisable to do so. ...

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. ... On the other hand, the appellant seems not to care that the stallion, he purchased in 1972 and sold in 1979, never raced (paragraph 3.06), and that the first gelding ran only once. 4.03.9 Concerning the criteria of knowledge and time spent, the Board thinks that the appellant met them (paragraphs 3.07 and 3.12). 4.03.9 Despite the fact that the appellant meets some criteria, he does meet the main one which is that in 1975; the operation did not have a reasonable expectation of profit and the expenses must be considered personal and living expenses. 5. ...

(It should be noted that among components to be considered in computing the share of a departing partner, the amount paid by that partner when he entered the partnership was not included; the reason is clear — no amount was in fact paid. ... The appellant’s share in the amount of $96,095 relating to work in progress in 1972, when he left the partnership, becomes in 1973, when he is no longer a member of it, a component which must be considered in computing his income. ...

The government department issues licences as a matter of privilege and not as a matter of right, that the licence is at all times government property and that at no time is this or can this be considered in terms of an asset, an intangible asset of that business because it is never an asset of the business. ... Goodwill and other “nothings”. (1) Where as a result of a transaction occurring after 1971 an amount (in this section referred to as the ‘actual amount’) has become payable to a taxpayer in respect of a business carried on by him throughout the period commencing January 1, 1972 and ending immediately after the transaction occurred, for the purposes of section 14 of the amended Act the amount that has become so payable to him shall be deemed to be the aggregate of (a) an amount equal to a percentage, equal to 40% plus the percentage (not exceeding 60%) obtained when 5% is multiplied by the number of full calendar years ending in the period and before the transaction occurred, of the amount, if any, by which the actual amount exceeds the portion thereof referred to in subparagraph (b)(i), and (b) an amount equal to the lesser of (i) the percentage, described in paragraph (a), of such portion, if any, of the actual amount as may reasonably be considered as being the consideration received by him for the disposition of, or for allowing the expiry of, a government right, and (ii) the amount, if any, by which the portion described in subparagraph (i) exceeds the greater of (A) the aggregate of all amounts each of which is an outlay or expenditure, made or incurred by the taxpayer as a result of a transaction occurring after 1971, be an eligible capital expenditure of the taxpayer, and (B) the fair market value to the taxpayer as at December 31, 1971 of the taxpayer’s specified right in respect of the government right, if no outlay or expenditure was made or incurred by the taxpayer for the purpose of acquiring the right or, if an outlay or expenditure was made or incurred, if that outlay or expenditure would have been an eligible capital expenditure of the taxpayer if it had been made or incurred as a result of a transaction occurring after 1971. 21.(3) Definitions. ...

To determine these two issues the evidence must be considered. The first matter to be considered is the person Sam Sloat and the things the appellant did as they pivot from him. ...

Nor had any prospective tenants for such a development been approached to sign letters of intention, or, if they had, no such documentary evidence was disclosed in support of Mr Zekelman’s statement that the partners had considered erecting a shopping centre on the Laporte property. ... Sydney Morris, the first of the two accountants to testify before the Board, and who appeared to be a completely reliable witness with a thorough grasp of the problem before him, gave evidence in considerable detail in an effort to establish what he considered to have been the value of the goodwill in question, basing his conclusions on what he recognized as good and acceptable accounting practices and principles. ...