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Poitras et al., 44 R. de J. 63 at 74, where the importance of the intention of the parties is stressed and where, in this connection, the following admonition is found: “On ne doit par recourir aux autorités anglaises, vu qu’il semble que les principes du droit anglais sur ce point ne sont pas semblables aux nôtres. ’ ’ Planiol & Ripert, Droit Civil, Vol. 11, p. 236: “981 5° aux quatre éléments énumérés ci-dessus on en ajoute généralement un cinquième consistant dans Vaffectio societatis, c’est-à-dire l’intention de former une société ou, de façon plus exacte et plus précise, la volonté de coopérer en acceptant délibérément certains risques. ... Bau: ‘ Le contrat de société exige comme conditions essentielles de sa formation l’intention des parties de s’associer, une chose mise en commun, et la participation aux bénéfices et aux pertes de l’entreprise. ’ ’ ’ Furthermore, in endeavouring to ascertain the true intent and meaning of the type of agreement here in issue consideration, I think, must be given to such additional factors as the language in which it is couched; whether and to what extent mutually shared elements of speculation or risk exist; the extent of inequality, if any, of the authority which it vested in the parties; and the de facto conduct of the parties in giving effect to the agreement. ... (p. 186): ‘‘ Après avoir examiné le contrat du 1 er septembre 1912, J suis d’avis que c’est un contrat de société. ...

Counsel for the appellant, for the purposes of this case only, has admitted (a) that had nothing further occurred beyond the facts which I have above stated, the transaction would have fallen within the provisions of Section 32, subsection 2, and the appellant would have been personally assessable to tax on dividends received by his wife from the 400 shares of Me Caskey stock so transferred to her; and (b) that the agreement with his wife to revoke the original gift, and to sell the shares to her for $40,000.00 in no way affected the appellant’s liability to tax on income derived from such shares, inasmuch as he was satisfied that the word *‘ transfer ’ ’ was wide enough in its meaning to include a “sale” for value. ... Colvin, was desirous of selling his controlling interest in Whitehall Machine & Tools Limited. ... The words themselves alone do in such cases best declare the intention of the law-giver. ’ ’ That precept of the Lord Chancellor is, in my view, particularly appropriate to the circumstances of this case, for, in my opinion, and so far at least as this problem is concerned, the words of Section 32, subsection 2, are both precise and unambiguous. ...

& J. Wilson” was owned and operated by J. E. Wilson, father of the appellant. ... & J. Wilson” direct to the widow. In the books of that business they were posted to ‘‘ Account of Mrs. ... & J. Wilson’’ might in that case lose possession thereof. Now “W. ...

Up to the end of 1946 Section 4(g) of the Income War Tax Act read as follows: " " 4. ... It is only in respect of his membership that any person is entitled to be assured a payment upon death. ‘‘ Lord MacNaghten at p. 412 said: ° I do not think that that decision compels your Lordships to hold in a ease like the present, where the business is a mutual undertaking pure and simple, that persons who contribute in the first instance more than is wanted, and then get back the difference, are earning gains or profits, and so liable to income tax. ‘ In Jones v. ... Hills (1932), 147 L.T.R. 62, Lord Warrington at p. 65 said: " " Mutual insurance business is now perfectly well known. ...

That in determining the ‘income’ for taxation purposes of the Appellant for the calendar year 1928 accumulating in his hands for the benefit of unascertained persons or persons with contingent interest there was disallowed as an expense the following items— "‘Dominion Income Tax:— "Paid Jan. 12th, 1928, balance of tax for years 1918, 1919 and 1920 $ 8386. 15 " ‘ Paid May 21st, 1928, balance 1921 assess- ment:- 446.67 "Paid Nov. 9th, 1928. balance 1923 and.1925. assessments 12,836.45 "Paid April 30th, 1928, 1927 tax 11,588.36 "Paid Dec. 4th, 1928, balance of 1927 tax_ 10,164,46 $35,872.09 "‘United States Income Tax paid on income earned in the State of Michigan for the year 1928 431.18 $36,303.27” It is well to be noticed that while the assessment appealed from comprises the sum of $509.83 "‘for legal costs paid to McLeod and Bell and other solicitors’’, the respondent, both by the admission and its statement on defence, abandoned this amount and by para. 7 of the defence admitted the amount as a proper deduction in arriving at the taxable income and to that extent the assessment is to be adjusted. ... One part is paid to A, one part to B and the third part is set aside and is called and described as the come accumulating ’ The word "‘accumulating'' is here used gerundially, that is as a verbal noun rather than as a verb; it is used just to earmark it as the fund for unascertained persons or persons with contingent interest and which is taxable in the hands of the Trustee. ... The expression " 1 income accumulating ’’is used only as a means of describing and designating that part of the income from the total and upon which the Trustee is liable to be taxed. ...

The entire series of cheques and deposits of them, in terms of dollars was a wash ’ ’ transaction, so to speak. ... (Chartered Accountants) $ 1,000.00* —Neuman, Pierce & Co. (Solicitors) $ 1,000.00* (*These sums were for fees for services rendered in winding-up Allied Heating Supply Ltd., after this series of transactions and were part of the total of $5,000.62 paid in fees.) 3. ... McColl Balfour Total Cheques for liquidating dividend received $49,674.58 $49,674.57 $49.73 $49.73 $99,448.61 Cheques issued for purchase of shares of old company from appellants........ 48,175.77 48,175.78 48.22 48.22 96,447.99* Fees received.. $ 1,498.81 $ 1,498.79 $ 1.51 $1.51 $ 3,000.62 (See Exhibit R-l, pages 19, 20 and 21) (*There was a 62 cent error made.) ...

The things that the appellant contends so constitute the carrying on of a business are set out in subparagraph (a) of paragraph 2A of the Amended Notice of Appeal, which reads as follows: “Alternatively, the Appellant says that shortly after purchase of the said shares by the Respondent for the sum of $425,000.00, commencing in or about January 1961, the Respondent retained a ‘‘ finder ’ ’ to effect a sale of the said shares or part thereof to a syndicate of underwriters in the United States of America, caused Fireco Sales Limited to be reorganized into a public company and to have its shares reclassified and subdivided, caused the said shares to be qualified for sale to the publie by registration with the Securities and Exchange Commission of the United States of America and with numerous state authorities of that country, and assisted the underwriters who were to purchase the said shares in their re-sale to the public by furnishing the said underwriters with a list of purchasers of the said shares, all with a view to re-sale of the said shares at a profit. ...

The Special Commissioners held that in exercising these activities the appellant was for the time being carrying on a trade the profits of which were chargeable to income-tax. ‘* Held, that there was evidence on which the Special Commissioners could find the transaction to be in the nature of a trade, and that the fact of the profits being the income of a trade and belonging to the year of assessment was enough to make the profits ‘annual’ with Case VI of Schedule D, and the decision of the Special Commissioners must be affirmed.” ... Much stress was laid by appellant upon the fact that the word " " trade ‘ ‘ is especially defined in the English Act, and that had much to do in arriving at these results in England. ... Grainger & Son v. Gough (1896) 3 R.T.C. 462, at p. 472. The appellant has been assessed and taxed under the provisions of subsec. 3(a) of sec. 4 upon his share in the income of the partnership; but the section further provides that he shall be taxed in addition thereto upon ‘‘all other income’’ and this has been done by the present assessment appealed from. ...

Because of those characteristics the terminal portion is more in the nature of a drupe than a nut. ‘ ‘ He distinguished the cashew from the true "nut’’ in that the latter, while also having one nut at maturity, had in the earlier stages of development more than one. ... To the words ‘‘fruit’’ and " " vegetables ”, therefore, there must be given the meaning which they would have when used in the popular sense—that sense which people conversant with the subject-matter with which the statute is dealing would attribute to it. ... Tomatoes if cooked are vegetables, if eaten raw are fruit. ‘ ‘ In the Encyclopedia Britannica, Vol. 23, vegetable is defined as: "‘A general term used as an adjective in referring to any kind of plant life or plant product, viz. ...

On March 31, 1939, ‘ 'Appellant entered into a principal contract (amended and extended by a subsequent agreement dated March 6, 1943), with Beauharnois Light, Heat & Power Co. ... ’ ’ Regarding the motive of the payer”, I have stated my conviction; concerning the ‘‘character’’ of the recipient or “payee”, it received payment of its contractual enterprise. ... How could a Crown agent, such as Beauharnois Light, Heat & Power Co. ...