Thurlow,
CJ:—We
do
not
need
to
hear
from
you
Mr
Gill
and
Mrs
Van
Der
Hout.
We
have
not
been
persuaded
that
the
learned
trial
judge
erred
in
finding
that
the
appellant
carried
on
business
in
Canada
in
1971
and
1972
and
was
properly
assessed
for
income
tax
in
respect
of
his
gains
on
the
disposition
of
the
Yorkshire
Towers
property
in
1971
and
the
Rolph
and
Paxton
farms
in
1972.
The
sole
issue
argued
was
whether
the
purchases
and
sales
of
these
properties
were
mere
adventures
in
the
nature
of
trade
or
were
transactions
in
the
course
of
a
business
carried
on
by
the
appellant
in
Canada.
That
the
gains
in
question
were
realized
from
adventures
in
the
nature
of
trade
was
formally
admitted
by
the
appellant
in
his
notice
of
appeal.
The
gains,
however,
were
not
realized
from
isolated
transactions
or
adventures.
The
purchase
and
sales
were
all
made
by
the
appellant
in
conjunction
with
a
person
in
Canada
who,
when
the
appellant
was
not
present
in
Canada,
acted
as
the
appellant’s
agent.
The
agent
played
an
important
role
in
finding
the
properties.
He
was
paid
for
his
agency
service.
The
relationship
was
arranged
before
the
agent
moved
from
Germany
to
Canada.
The
appellant
kept
money
on
deposit
in
Canada
which
was
used
in
connection
with
the
purchases.There
was
thus
at
least
some
organization
of
the
operation.
The
operation
itself
began
in
1966
when
an
offer
was
made
for
an
apartment
property
in
North
York.
The
offer
was
refused
but
in
March
or
April
of
1968
the
appellant
and
the
agent
bought
the
property
from
the
purchaser.
Later
in
the
year,
they
sold
it
at
a
profit.
Before
the
end
of
the
year
they
had
arranged
to
buy
the
Yorkshire
Towers
apartment
building,
a
property
located
in
St.
Catharines.
It
was
sold
in
1971
at
a
profit.
In
the
meantime,
in
the
fall
of
1969,
they
had
purchased
the
Rolph
farm
and
some
six
months
later
the
Paxton
farm.
Both
are
in
St.
Catharines.They
were
sold
in
1972.
From
this
point
on,
a
company
was
interposed
to
carry
out
real
estate
transactions.
The
transactions
in
question
were
all
in
real
estate;
real
estate
located
within
a
comparatively
small
area.
They
were
all
of
a
kind,
all
carried
out
in
conjunction
with
the
same
agent
who
was
paid
for
his
services.
In
our
view,
the
purchases
and
sales
of
the
properties
here
in
question
cannot
be
regarded
as
mere
isolated
adventures
in
the
nature
of
trade,
but
are
properly
characterized
as
transactions
in
the
course
of
carrying
on
a
business
of
trading
in
real
property.
The
appeals
therefore
fail,
and
are
dismissed
with
costs.
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