Mahoney, J:—This action was tried on common evidence with a like action against the defendant’s wife, May Yates, Court file no T-4484-81. The evidence consisted entirely of the transcript of the Tax Review Board hearing, which included a partial agreed

Walsh, J:—A provisional order was issued in this matter against defendant on November 29, 1976, resulting from a certificate produced on November 25, 1976, for income tax arrears for the years of 1973, 1974 and 1975, total- ling $100,419.18, which

Mahoney, J:—The issue is whether, upon conversion in 1977 of a debenture purchased from his employer in 1972, the plaintiff received a taxable benefit in the amount of $6,577.25, being the difference between the value of the shares acquired on conversion

Grant, DJ:—The plaintiff is a company that carried on business as a manufacturer and fabricator of metal forgings, castings and other metal products for some time prior to December 31, 1976. Two of the principal management employees of the plaintiff were

Mahoney, J:—This is a special case stated pursuant to Rule 475. The subject is issue estoppel. The questions to be answered are:

Urie, J:—This is an appeal from a judgment of the Trial Division dismissing an appeal from a decision of the Tax Review Board. The appellant had appealed an income tax assessment made by the Minister of National Revenue which had added to the

Carrothers, D J:—I will ask my brother Macfarlane to give the first judgment.

Collier, J:—These reasons are given in this action (T-2445/80: Campbell v The Queen). They will apply in action T-2444/80: Smith v The Queen. The two actions were tried on, where applicable, common

Décary, J:—In this matter, the facts were agreed upon:

Mahoney, J:—The defendant was a Canadian resident, employed by a Canadian corporation Tranter Canada Ltd, a wholly owned subsidiary of Tranter, inc [sic], hereafter “Tranter”, a Michigan corporation. On January 28, 1976, Tranter granted the defendant an option to