Spezzano v. Canada, 2007 DTC 5580, 2007 FCA 294 -- summary under Property

In affirming that a lump sum payment received by the taxpayer from the sole tenant of its building in consideration for the termination of the lease was received on income account rather than being compensation for the diminution in value of the lease viewed as a capital asset, Noël JA stated (at para. 28) that he saw no error in the finding below that "the sole capital asset acquired by the appellants was the building and that the long term lease was but a means of exploiting that asset."