Walchuk v. The Queen, 2003 DTC 2184, 2004 TCC 42 -- summary under Partnership Interests

Before going on to find that a loss realized by a stockbroker on the insolvency of a partnership carrying on a restaurant business in Greece was on capital account, Miller J. stated (at p. 2188) that "to overcome the normal status of a partnership unit as capital property is a more onerous task than doing likewise for shares, simply due to the nature of the structure", and noted that there was no evidence of conduct that was more consistent with the intention of the taxpayer being to enhance the value of the business with a view to resale at a profit, rather than carrying on the business with a view to profit.