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The Minister relies upon the cases which he presented before us, and I have considered them. ...

His Honour Judge Taylor in part went on to state on page 2574 (D.T.C. 59) as follows: Further, in my view, a director may be considered to possess the attributes of “care, diligence and skill” that would be found in a "reasonably prudent person". ...

The point at issue is whether the profits realized by the appellants on the sale of lots must be considered as a capital gain or business income. ...

We interpret the words “where the amount of the individual’s lifetime retirement benefits depends on the individual’s remuneration to the extent that they can reasonably be considered to be in respect of the following range of annual remuneration where excluded” to not apply to the $1,715 as this amount is not based upon remuneration. ...

The relevant sections are as follows. 122.61(1) Deemed overpayment- Where a person and, where the Minister so demands, the person’s cohabiting spouse at the end of a taxation year have filed a return of income for the year, an overpayment on account of the person’s liability under this Part for the year shall be deemed to have arisen during a month in relation to which the year is the base taxation year, equal to the amount determined by the formula.... 122.6 Cohabiting spouse- “Cohabiting spouse” of an individual at any time means the person who at that time is the individual’s spouse and who is not at that time living separate and apart from the individual and, for the purpose of this definition, a person shall not be considered to be living separate and apart from an individual at any time unless they were living separate and apart at that time, because of a breakdown of their marriage, for a period of at least 90 days that includes that time; 252(4) Spouse of a taxpay er.- (a) words referring to a spouse at any time of a taxpayer include the person of the opposite sex who cohabits at that time with the taxpayer in a conjugal relationship and (i) has so cohabited with the taxpayer throughout a 12-month period ending before that time, or (ii) is a parent of a child of whom the taxpayer is a parent and, for the purposes of this paragraph, where at any time the taxpayer and the person cohabit in a conjugal relationship, they shall, at any particular time after that time, be deemed to be cohabiting in a conjugal relationship unless they were not cohabiting at the particular time for a period of at least 90 days that includes the particular time because of a breakdown of their conjugal relationship; According to these sections, a cohabiting spouse means a person who is not living separate and apart or who was living separate or apart because of a breakdown of their marriage for a period of less than 90 days, and the spouse of a taxpayer means a spouse who cohabits with the taxpayer in a conjugal relationship for at least 12 months or who cohabits with the taxpayer at that time and is the father or mother of a child of the taxpayer. ...

Mahal admitted on cross-examination that had he known the business operations had ceased in late 1988 he may have considered that as corroboration. ...

Such a reason at best has, in my opinion, very little weight or validity by itself and I think has even less when considered in the light of the legal obligation upon the person making the return to be accurate and truthful on pain of severe penalties both for untruthfulness and for omissions. ...

I therefore considered whether this is an appropriate instance in which costs ought to be awarded against Vancouver City Savings Credit Union, who is not a party. ...

In addition, she argues that one-half of the interest earned on the amount in 1987 was declared by the appellant on his 1987 income tax return, indicating that he considered it to be his own. ...

This would indicate that the Court felt that all factors should be considered as a group and no one factor should determine the existence of a source of income. ...