McLarty v. The Queen, 2005 DTC 217, 2005 TCC 55, rev'd 2006 DTC 6340, 2006 FCA 152, aff'd supra. -- summary under Paragraph 251(1)(c)

The purchase by the taxpayer of an undivided interest in seismic data in a transaction whose terms were set by a promoter nonetheless was an arm's-length transaction given that the taxpayer freely chose as to whether or not to invest. There was no evidence that the promoter unilaterally imposed the purchase of the data on the taxpayer or had the power to do so.