Kriplani v. The Queen, 2012 DTC 1027 [at at 2629], 2011 TCC 542 (Informal Procedure) -- summary under Shares

The taxpayer, who in 2005 was a training coordinator at IBM Canada, had filed her 1999 to 2004 returns on the basis that her share and option transactions were on capital account, and Jorré J found that her 2005 losses were also on capital account. In 2005 the taxpayer traded more frequently (19 sales) and held securities for shorter periods (at least 12 were held for periods ranging from a week to four months), and she used some leverage. On the other hand, her knowledge and time investment were not noticeably beyond that of other investors. On balance, the taxpayer did not displace the Rajchgot presumption that her 2005 sales should be treated the same (i.e., on capital account) as her 1999-2004 sales (para. 30).