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Paragraph 13 of the bulletin reads in part: Where payments for damages that have been awarded by a Court or resolved in an out-of- court settlement, in respect of personal injuries or death, are paid on a periodic basis, the payments will not be considered to be annuity payments for the purposes of paragraph 56(l)(d) and 60(a). ... However, where an award for damages has been used by the taxpayer or his representative to purchase an annuity, the amounts received will be considered as annuity payments under paragraphs 56(1)(d) and 60(a) and Regulation 300. ...

By notice of reassessment which was mailed on March 3, 1980, pursuant to the provisions of the Income Tax Act, RSC 1952, c 148, (“the Act”), the respondent took the position that: “Profit on sale of Lakeshore Apartments considered to be an adventure in the nature of trade”. ... In giving its reasons the Board considered the question of deductions for depreciation. ...

However, there is insufficient evidence as to the amounts allegedly won by the appellant at the races and in gambling, when considered in the light of the considerable amount of cash allegedly on hand at the beginning of each fiscal year under review. ... However, he did not indicate to the Court where the Minister had erred nor did he indicate to the Court what he considered to be the correct figures. ...

Because the structure was considered to be in average condition for its type and use and, having regard to his experience, he applied a depreciation factor of 30 per cent which resulted in his opinion of V-Day value as being $12,600 in a rounded figure. ... As prices for cottage lots would be higher if sold during the summer months some adjusting factor should be considered in this respect. ...

In 1975, at age sixty- two, the appellant considered that the management of his business had become too much for him and put it up for sale. ... The issue is one of fact which must be considered objectively. The financial statements, forecasts, comparison tables and tax returns submitted by counsel are important factors in determining whether the appellant’s farming activities have a reasonable expectation of producing a profit. ...

Each paragraph dealing with the two separate mortgages includes a clause to the effect that the mortgagor (Mendlewitz) shall have the privilege of demolishing any buildings standing on the subject property and to commence construction, “such demolition and/or construction being deemed an act of waste so as to cause the said mortgage to be considered in default”. ... Such a waiver was considered by Hartt, J. in Genern Investments Ltd. v Back et al, [1969] 1 OR 694, wherein he said at 699:...the agreement itself expressly gave to the purchaser a right of waiver and the contract was thereby made conditional upon the municipality rezoning the land unless so waived by the purchaser. ...

The issue is whether the interest earned on United States dollar deposits in banks in the Republic of the Philippines, which deposits were part of an arrangement to obtain and secure Philippine peso loans to finance the establishment and operation of a manufacturing plant, was foreign investment income for purposes of dividend refund under section 129 of the Income Tax Act, RSC 1952, c 148, as amended by SC 1970-71-72, c 63, s 1, the relevant provisions of which are as follows: 129. (1) Where a corporation was, at the end of any taxation year, a private corporation, if a return of its income for the year has been made within 4 years from the end of the year the Minister (a) may, upon mailing the notice of assessment for the year, refund without application therefor an amount (in this Act referred to as its “dividend refund” for the year) equal to the lesser of (i) / of all taxable dividends paid by it in the year on shares of its capital stock, and (ii) its refundable dividend tax on hand at the end of the year; and (b) shall make such a refund after mailing the notice of assessment if application therefor has been made in writing by the corporation within 4 years from the end of the year. (2)... (3) In this section, “refundable dividend tax on hand” of a private corporation at the end of any particular taxation year means the aggregate of amounts each of which is an amount in respect of any taxation year commencing after it last became a private corporation and ending not later than the end of the particular taxation year, equal to the least of (a) 25% of the amount, if any, by which the aggregate of its Canadian investment income for the year and its foreign investment income for the year exceeds the amount deductible under paragraph 111(1)(b) from the corporation’s income for the year, (b) the amount, if any, by which the aggregate of (i) 25% of the corporation’s Canadian investment income for the year, and (ii) the amount, if any, by which 40% of the corporation’s foreign investment income for the year exceeds the aggregate of amounts deducted under subsection 126(1) from the tax for the year otherwise payable by it under this Part, exceeds 25% of the amount deductible under paragraph 111(1)(b) from the corporation’s income for the year, (c) 25% of the amount, if any, by which the corporation’s taxable income for the year exceeds the aggregate of (i) 4 times the amount, if any, deductible under section 125, (ii) % of the aggregate of amounts deducted under subsection 126(1), and (iii) 2 times the aggregate of amounts deducted under subsection 126(2) from the tax for the year otherwise payable by it under this Part, and (d) the amount of the tax for the year otherwise payable by it under this Part, plus the aggregate of the taxes under Part IV payable by the corporation for the particular taxation year and any previous taxation years ending after it last became a private corporation, and minus the aggregate of the corporation’s dividend refunds for taxation years ending after it last became a private corporation and before the particular taxation year. (4) In subsection (3), (a) “Canadian investment income” of a corporation for a taxation year means the amount, if any, by which the aggregate of (i) the amount, if any, by which the aggregate of such of the corporation’s taxable capital gains for the year from dispositions of property as may reasonably be considered to be income from sources in Canada exceeds the aggregate of such of the corporation’s allowable capital losses for the year from dispositions of property as may reasonably be considered to be losses from sources in Canada, (ii) all amounts each of which is the corporation’s income for the year (other than exempt income or any dividend the amount of which was deductible under section 112 from its income for the year) from a source in Canada that is a property (other than a property used or held by the corporation in the year in the course of carrying on a business), determined, for greater certainty, after deducting all outlays and expenses deductible in computing the corporation’s income for the year to the extent that they may reasonably be regarded as having been made or incurred for the purpose of earning the income from that property, (iii) all amounts each of which is the corporation’s income for the year (other than exempt income) from a source in Canada that is a business other than an active business, determined, for greater certainty, after deducting all outlays and expenses deductible in computing the corporation’s income for the year to the extent that they may reasonably be regarded as having been made or incurred for the purpose of earning the income from that business, exceeds the aggregate of amounts each of which is a loss of the corporation for the year from a source in Canada that is a property or business other than an active business; and (b) “foreign investment income” of a corporation for a taxation year means the amount, if any, by which (i) the amount that would be determined under paragraph (a) in respect of the corporation for the year if the references in paragraph (a) to “in Canada” were read as references to “outside Canada”, exceeds (ii) the aggregate of all amounts deductible under section 113 from the corporation’s income for the year. ...

The Appellant submits that the amount paid should not be considered as income from office or employment as set out in Section 5(1) of the Income Tax Act. 8. ... I point out here, just for the record, that no effort was made by the Minister to include the amount at issue as “taxable” by virtue of the provisions of section 6 of the Act — and I do not imply that it would be so taxable, merely to note that the Board has not considered that possibility. ...

However, I clearly established in my notes (dated May 1st, 1978 entitled “calculs et explications”, and enclosed with above mentioned income tax return) that I considered myself to be self-employed. ... Add to that the fact that whatever teaching methods I used were completely at my own discretion, thus even the fact of actually giving what could be considered to be “lectures”. ...

With regard to the “wheelchair” point made by the taxpayer, counsel took the view that what was considered by the lay public as a wheelchair, was an arm-propelled wheelchair of the variety normally seen and used, not an office chair. ... However, in this matter, no possible minimum or maximum levels of incapacity need be considered since this appellant, left completely alone without external aid or assistance, would be in bed at all times and that situation can only be attributed to his affliction. ...