Dieni v. The Queen, 2001 DTC 290 (TCC) -- summary under Paragraph 80(2)(a)

The transfer of Quebec real estate by the taxpayer to a lender pursuant to a Deed of Giving In Payment which was executed following an action by the lender that McArthur T.C.J. described (at p. 291) as "equivalent to that of mortgage foreclosure in most other provinces" was governed by s. 79 rather than s. 80. McArthur T.C.J. noted (at p. 294) that the lender and the taxpayer did not fix or vary their existing rights and obligations with respect to the property, and the lender took the property in accordance with the strict terms of its Deed of Loan.