Walsh, J:—Plaintiff moves pursuant to Rule 324 for an order extending the time to make the application and for the Court to make a special direction concerning costs to the effect that the action be considered as a Class III action within the

Le Dain, J:—This is an appeal from a judgment of the Trial Division dismissing the appellant’s appeal from income tax assessments in respect of his 1975 and 1976 taxation years.

Collier, J:—The only remaining issue in this litigation is whether a company bonus, allegedly paid to and received by the defendant Ans, was properly included in his 1973 income.

Collier, J:—The plaintiff claimed, for its 1976 and 1977 taxation years, the small business deduction permitted by subsection 125(1) of the Income Tax Act, SC 1970-71-72, c 63 as amended. The Minister of National Revenue issued reassessments,

Rouleau, J:—The plaintiff, a resident of Saskatoon, Saskatchewan, incorporated Warren Champ Limited, a holding company not actively engaged in any endeavour. Both the memorandum of association and articles of association, are dated April 10, 1953. The memorandum of