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M. le juge Locke, parlant pour la Cour, dans la cause Sutton Lumber & Trading Co. ... For the following years, the dates of the original assessments, re-assessments, notices of objection and notifications in reply are as follows: Taxation Dates Notice of years Assessment Re-assessment Objection reply 1951 May 15,1952 Aug. 14,1956 Sept. 5,1956 June 17, 1957 1952 June 3, 1953 «6 66 cc 66 “ 66 66 «6 66 1953 ‘6 4,1954 “ 66 66 u u é6 66 u rT 1954 “ 17,1955 cc « 6 CR u «ec ‘kk ce In 1956, the Minister re-assessed the appellant under the provisions of Section 42 of The 1948 Income Tax Act for the taxation years involved. ... M.N.R., [1954] C.T.C. 367, the President of this Court stated at page 373: “... ...

—Surrey, Langley, Matsqui, Sumas and Chilliwack, under which this company " " agreed to construct and operate a line of railway for the transportation of passengers and freight between the cities of New Westminster and Chilliwack...” ... Reverting anew to the Supreme Court’s decision in Montreal Light, Heat & Power Consolidated v. ... Farmer, [1909-10] S.C. 519; 5 T.C. 529, 536, and British Insulated & Helsby Cables v. ...

It does not administer estates or act as executor or administrator of estates. ‘ ‘ He added that in that respect, it is unlike an ordinary trust company. ... ‘ ‘ Lord Trayner made these observations (p. 167): “I agree with your Lordships that the determination of the Commissioners is right. ... Lord Justice Swinfen Eady goes on to say: " " This purpose may be changed as often as considered desirable, and as the constitution of the bank may allow. ...

Trusts & Guar. Co.I [1939] 4 D.L.R. 417, [1940] A.C. 138 revg (sub nom. ... They said [[1939] 4 D.L.R. at p. 3 I: " That it is a charitable trust no one can doubt. ... It is by no means easy to give a definition of the word " institution ‘ that will cover every use of it. ...

He says that a judge who has been retired may still quite properly be referred to as a Judge or a retired judge—and that even after his retirement such a judge retains certain powers and may be called upon again to perform the duties of a judge as provided for in section 35 of the Act, which is as follows: ‘ " 35. ... In the sense in which the two words " " superannuation ” and ‘‘pension’’ are here used, I do not think it necessary in this case to draw any distinction between them. ...

Reported income (net) Taxed income 1949 $ 4,596.88 $12,000.00 1950 2,930.04 12,000.00 1951 3,060.34 19,000.00 1952 3,076.66 19,067.21 1953 3,446.35 29,206.21 $17,110.27 $91,273.42 Such a gap between a reported net income, for the five-year period, of $17,110.27 and a corrected one of $91,273.42, was certainly not bridged by the appellant whose evidence might be fairly, albeit concisely, summarized thus: ‘ ‘ I may have erred in certain items of my income tax reports. ... Rentals duly receipted Repairs claimed 1949 $ 4,412.60 $ 2,055.50 1950 12,433.50 6,081.75 1951 15,148.00 9,607.00 1952 19,793.35 12,306.33 1953. 27,055.50 16,405.01 $79,842.95 $46,455.59 Needless to say very little doubt can be entertained on the score of rentals acknowledged by corresponding receipts, but skepticism, akin to disbelief, attaches to the would-be off-setting total of more than half the gross rentals. In an ordinary ease, such a poor investment would be improbable, the ‘‘ peculiarities’’ of this one render it untenable. ...

The above conclusion does no violence even to the language of sec. 3 of the Income War Tax Act which includes as income " * profits directly or indirectly received... from stocks or from any other investment. ‘ ‘ If shareholders, because they are shareholders, are given the chance to buy shares in another company at less than their value, and the selling company then has undistributed profits on hand, then I think sec. 3 is applicable, at least on the assumption that the company is intending to distribute the profits. ... The accountants wrote on 5 October, 1943, to the inspeetor: € 6 is the intention of Timberland Lumber Company Limited to distribute its investment in the shares and debentures of Salmon River Logging Co. ... Appellant tried to account for this willingness by saying they were " " desperate ’ for timber; but his evidence is met by that of their valuer Rodgers who indicated that they paid this price because he valued the shares at even more. ...

It was submitted by counsel for defendant that his client ‘was not a manufacturer or a producer within the meaning of the Act, for two reasons: firstly, because the word manufacturer or producer is not an adequate term to express the builder of a Ship; secondly, because the word manufacturer or producer as used in the Act connotes manufacturing or producing in the way of a business and does not refer to an isolated transaction. ‘ ‘ Producer ‘ is defined: In the Oxford Dictionary 1. ... Miller, J., in delivering judgment for the Court of Appeals, after stating that the defendant company was incorporated "‘for the purpose of constructing, using and providing one or more dry-docks, or wet-docks, or other conveniences and structures for building, raising, repairing and coppering vessels and steamers of every description,’’ said (at p. 488): " " The act under which the defendant was incorporated was of a special character, and the specification of the business which the defendant was authorized to carry on, under its charter, which states the general purpose and object of the incorporation, does not bring it within the provision of sec. 3 of said Act of 1880, which exempts manufacturing corporations from its provisions as to taxation. ... Smith, J. delivering the judgment of the majority of the Court, said (p. 493): " " The view taken in the court below (that the lumber consumed by the defendant in building operations was produced in the ordinary course of business for sale and not specifically for use by the defendant within the meaning of sec. 87(d)) would result in the introduction of an exception to the general rule that all goods produced or manufactured are to pay a. tax, and would amount to a discrimination in favour of a particular consumer. ...

B., do sincerely promise and swear (or solemnly declare) that I will be faithful and bear true allegiance to His Majesty. ‘ 2. Such oath shall have the effect of a written engagement with the King, binding the person subscribing it to serve in the Militia until he is legally discharged, dismissed or removed, or until his resignation is accepted. ‘ ‘ And by section 2(e) ^Militia” is defined: "2(e) ‘Militia’ means all the military forces of Canada.’’ ... But all that did not alter the fact that he was at all times one of the ‘‘ personnel’’ or an ‘‘authorized field representative’’ of the Y.M.C.A. ...

Asked if he considered the asset, appearing in Adam & Co. Inc., of the notes of Angus Corporation, Adam replied negatively and supplied this information (p. 16): " " A. ... I would consider the financial position of the maker of the notes as at the date of death. ’ ’ Kent admitted that he had before him the balance sheets of Adam & Co. ... It was a loan on the same terms to Adams & Co. Ine. as Grampian loaned the Money to Adam & Co. ...