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The following quotation taken from the Board’s reasons for judgment in the Consolidated Mogul case (37 Tax ABC 363 at 380) — the part thereof marked off by quotation marks having been later quoted with approval by Mr Justice Spence of the Supreme Court of Canada — appears to be singularly applicable and helpful to First Roman, Trans-Canada and Second Roman in this appeal in connection with their 1962, 1964 and 1965 taxation years, respectively: While these comments are based on my own personal observations, I think it is perfectly correct to say that one very important phase of the mining business is the extensive network of connecting links which exists between the various mining companies making up the industry in the form of: option agreements, escrow agreements, voting trust agreements, pooling agreements, agreements for services, assignments and management contracts, to name only a few of the many types of arrangements which are regularly entered into between mining companies. ...

In Halley v MNR, [1963] Ex CR 372; [1963] CTC 108: 63 DTC 1090 Thurlow, J said at page 375 [111, 1092]: In my opinion the word “absolute” even when used in a technical sense in connection with the vesting of property may signify at least two different legal concepts. ...

The appellant has cited the case of Lumbers v Fretz, 62 OLR 635; (1928), 63 OLR 190; [1928] 4 DLR 269, in this connection. ...

The expenses related primarily to interest and taxes on property and these are annual, recurrent expenses in connection with the holding of property acquired to earn income. 4, It is not necessary to trace any expense to a particular item of income, the whole as was established years ago in the judgment in Consolidated Textiles and the Minister of National Revenue. 5. ...

Farris said he may, or may not, need our assistance, but reiterated that if he did, it would only be for a short period and would be in connection with a quick deal other than the above- mentioned Mining Companies. ...

In this connection, I would refer to what Cartwright, J. (as he then was) said in North Bay Mica Co. ...

Clause IV of the will is summarized in the stated case as follows: IV I GIVE DEVISE AND BEQUEATH the remainder of my property and estate of every nature and kind and wheresoever situate to my Trustees upon the following trusts, namely: (1) To pay my just debts, funeral and testamentary expenses and all succession duties, estate and inheritance taxes that may be payable in connection with any gift or benefit given by me to any persons either in my lifetime or by survivorship or by this, my Will or any codicil thereto, it being my intention that all such debts, expenses, duties and taxes shall be paid out of my general estate so that all benefits and dispositions given or made by me in my lifetime or by my Will shall be free and clear therefrom. (2) As soon as possible after my death to pay the following legacies: (3) (a) To pay to my daughter, Mary Daintry Cole, the sum of Three Hundred Thousand Dollars ($300,000.) or, at her option, to transfer to her stocks and securities of equivalent value for the whole or part of the same sum. (4) To pay and transfer all the rest and residue of my estate to F. ...

With respect to the argument in connection with the TOM 11 for CRA investigations, the Judge rightly noted that the TOM 11 “is a set of guidelines that have no binding legal effect and their breach is not evidence per se of a wrongful prosecution or negligence” (Judge’s decision at para. 168). ...

I cannot distinguish it from other structures to be found on a farm such as silos, green houses and barns, any of which have machinery or implements installed in them or used in connection with them. ...

The extent of the appellant’s revenue from his real estate activities appears from the following figures: 1959 — Commissions $36,436.28 — Profits nil 1960 — Commissions $ 9,000.00 — Profits $80,647.98 1961 — Commissions $32,722.08 — Profits $30,500.00 1962 — Commissions $37,349.32 — Profits nil No problem has arisen in connection with the appellant’s revenues from his real estate activities. ...