Bell T.C.J. (orally):
HIS HONOUR: Yes, sir.
Mr. POORE: Thank you, Your Honour. Mr. Gonthier and I have come to an agreement to Consent Judgment. Basically, the automobile expense in 1993 of $1,585.00 for more sense will be disallowed and all of the other expense claims will be allowed.
HIS HONOUR: Okay let me go to the right chart then. Do I go to the schedule “B”?
Mr. POORE: Schedule “B” Your Honour.
HIS HONOUR: So Schedule “B” and 1993 is $1,585.41?
Mr. POORE: That is correct, Your Honour.
HIS HONOUR: Is disallowed?
Mr. POORE: Yes, and all others.
HIS HONOUR: I suppose we could write that up then because so that then we have the allowable net business loss. I guess we are talking about non-capital loss then aren’t we?
Mr. POORE: Yes, I don’t believe this good enough.
HIS HONOUR: Pardon.
Mr. POORE: I believe yes, Your Honour.
HIS HONOUR: No capital loss for 1995 would be 1,281.66
Mr. POORE: Yes, Your Honour.
HIS HONOUR: For 1994 would be 2,178.86 and for 1993 I have it here. Have you got it?
Mr. POORE: Yes, Your Honour.
HIS HONOUR: That’s okay.
Mr. POORE: 931.34.
HIS HONOUR: How can that be if I’m subtracting 1585.41 from 2,536.28?
Mr. POORE: Yes it’s added to that.
HIS HONOUR: Oh. Not a bad idea.
Mr. POORE: The loss is vast so it would be a loss of 931.34.
HIS HONOUR: No, I don’t understand how you can have that figure is what I’m saying. Oh I guess because I am subtracting from 2,782. It should be from 2,782 I’m subtracting not from the 25. It should work with the 25.
Mr. POORE: It should, Your Honour. If you take 2,536.28 and then you basically negative 2,536.28 plus 1,585.
HIS HONOUR: Well you subtracted the same figure.
Mr. POORE: We subtracted a negative so the loss would be less.
HIS HONOUR: Yes but eight minus one is seven so I don’t know how you are getting your answer. Maybe you are not using the pennies.
Mr. POORE: 2,536.28 minus 1,585.41.
HIS HONOUR: I get 910.87.
Mr. POORE: Oh well that ...
HIS HONOUR: My computers better than yours.
Mr. POORE: No doubt.
HIS HONOUR: I did it in my head.
Mr. POORE: Yes 950.87.
HIS HONOUR: Pardon?
Mr. POORE: You have used the expense figures, is that correct?
HIS HONOUR: Yes. No I used the net loss. The loss is simply being reduced by 1,585.41.
Mr. POORE: 2,536.28 minus 1,585.41, 950.87 is what I get, Your Honour.
HIS HONOUR: Yes. That makes it clear as to what’s doing. Okay thank you very much. So and there will be no cost here.
Mr. POORE: Thank you.
HIS HONOUR: All right, thank you very much.
Appeal allowed in part.
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