Urie,
J
(per
curiam)
(judgment
delivered
from
the
Bench):—The
question
of
whether
or
not
the
transaction
of
sale
of
a
property
is
for
the
vendor’s
capital
or
income
account
is
dependent
on
the
particular
facts
and
circumstances
surrounding
the
transaction.
The
learned
trial
judge
made
a
number
of
findings
of
fact,
clearly
after
weighing
all
the
evidence,
and
drew
inferences
therefrom
which
led
him
to
the
conclusion
that
each
of
the
transactions
in
issue
here
was
entered
into
as
part
of
a
pattern
of
buying
property
with
the
ultimate
intention
of
selling
it
at
a
profit
which
was
to
be
used
for
reinvestment
in
other
property.
There
was,
in
our
opinion,
ample
evidence
to
support
these
findings
and
the
inferences
drawn
from
them.
That
being
the
case,
the
learned
trial
judge
correctly
found,
in
our
view,
that
the
profit
derived
from
the
sale
of
the
Spencer
Avenue,
James
Avenue,
Gowan
Avenue,
and
Richview
Side
Road
properties
was
income
in
the
hands
of
the
appellant
and
thus
was
properly
assessed
for
income
tax
in
the
applicable
years
by
the
respondent.
The
appeal,
accordingly,
will
be
dismissed
with
costs.
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