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After again considering all the facts and having regard to the inclusion of the profit in the accounts and the prospectus, we find that the profit was made in the ordinary course of the Company’s trade and therefore liable to tax. ’ In my opinion, that finding is one for which there was ample evidence. ...

C.R. 202 at 211; [1943] C.T.C. 281 at 290, which was stated as follows: “... a taxpayer cannot succeed in claiming an exemption from income tax unless his claim comes clearly within the provisions of some exempting section of the Income War Tax Act: he must show that every constituent element necessary to the exemption is present in his case and that every condition required by the exempting section has been complied with.’’ ...

I quote here certain statements made by Thomas J Collins for the year ending May 31, 1972, on the Bob-O-Link Farms report: Following the purchase of the “Silver Hills Ranch’’ in June, 1971, from M & A Davis, careful consideration has been given to the various alternatives open to us that would insure a successful farm operation.... ...

The final question is simply this — whether the words of paragraph 85(1)(e) of the Income Tax Act interpreted in their plain, ordinary and grammatical sense in context of the statutory scheme of section 85B reach out to bring within the tax net in 1969 the unearned premium reserve of $10,454,396 deducted in 1968. ...

On the other hand, that same Interpretation Bulletin considers any such payment as a " non-taxable capital receipt when the payment is a reimbursement of part or all of the tenant's capital cost of leasehold improvements". ...

Counsel for the respondent put great emphasis on the statements which appear in Article IV F of the plan to the effect that the employer's contribution is "on behalf of and as an absolute benefit for (the) member" and that such contribution ” shall be regarded as additional compensation paid to (the member)"; they likewise attach much importance to the fact that income taxes for participating employees are withheld not only from their wages but also from the employer's contribution. ...

On general principles then, the tax imposed by section 6A qualifies as a direct tax; see Canadian Industrial Gas & Oil Ltd v The Government of Saskatchewan, [1978] 2 S.C.R. 545. ...

Counsel for the Minister was frank to concede that the transactions between Companies and Paper were real and did not constitute a “sham” within the definition of that word in Snook v London & West Riding Investments, Ltd, [1967] 1 All ER 519 where Lord Diplock said at 528:... it is, I think, necessary to consider what, if any, legal concept is involved in the use of this popular and pejorative word. ...

In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subject next hereinafter enumerated; that is to say, — 14. ...

During the years 1965 to 1969 an average break-down of the cor- porate accused’s sales to retail florists per province were as follows: Alberta 54%, Saskatchewan 29%, Manitoba 11 %, British Columbia 5% and Ontario 1%. ...