Maysky v. Canada (Attorney General), 2003 DTC 5337, 2003 FCA 237 -- summary under Business Source/Reasonable Expectation of Profit

The fact that a rental property of the taxpayer had formerly been his home and that he used the property as collateral for a line of credit pertaining to his realty business were not elements sufficient to make the taxpayer's dealings in respect of the property something other than a commercial activity. Accordingly, the trial judge erred in applying the reasonable expectation of profit test to find that the property did not constitute a source of income to the taxpayer.