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With respect, it is my view that there is no relationship between that matter and the matter now under consideration. ...

The words "purchaser", "retail sale" and "purchase price" are defined in s. 2 of the Act as follows: "purchaser" means any person who acquires tangible personal property at a sale in the Province for his own consumption or use, or for the consumption or use by other persons at his expense, or on behalf of, or as the agent for, a principal who desires to acquire such property for consumption or use by such principle or other persons at his expense; "retail sale" means a sale to a purchaser for purposes of consumption or use and not for resale; "sale price" or "purchase price" means a price in money, and also the value of services rendered, the actual value of the thing exchanged, and other considerations accepted by the seller or person from whom the property passes as price or on account of the price of the thing covered by the contract, sale, or exchange, and includes the charges for installation of the thing sold, for interest, for finance, for service, for customs, for excise, and for transportation, whether or not such are shown separately on the invoice or in the vendors' books; The appellant's contention is that the concluding words of subs. (3) of s. 3, i.e., "the same tax in respect of the consumption or use of such property as would have been payable if the property had been purchased at a retail sale in the Province", mean that the respondent is required to pay, not a tax of five per centum of the actual purchase price of the property purchased, but five per centum of what would have been the retail price of the property purchased, assuming that the steel pipe had been purchased at a retail sale in British Columbia. ...

There were four other grounds of appeal raised before the Appellate Division, but the ground on which the majority decision was rested was the only one which was regarded as meriting consideration. ...

If on consideration of the words of the section in their ordinary sense, their true meaning appeared doubtful, as I think it does not, it would be proper to inquire what was the object which Parliament had in view as appearing from the circumstances with reference to which the words were used. ...

However, the statutory provision now under consideration does not stop at that point. ...

There were four other grounds of appeal raised before the Appellate Division, but the ground on which the majority decision was rested was the only one which was regarded as meriting consideration. ...

Was the payment, then, made in circumstances and in relation to such a consideration as excluded it in fact from association with the factors of price taken into account by the importer in his subsequent disposal of the goods? ...

It is unnecessary to consider all the implications of that decision, but, so far as the point under consideration is concerned, I agree so unreservedly with the reasoning of Luxmoore, J., where he is dealing with comparable provisions of the Imperial Finance Act, 1894, that I transcribe the relevant paragraph which appears at pp. 807-808 of the report: ‘ ‘ It is argued that the power in the present case is a limited power and does not authorize the donee to appoint or dispose of the property subject to it as he thinks fit. ...

One of the obligations imposed upon the trustees was: ‘During the lifetime of the Settlor, but subject as hereinafter provided, to pay to the Settlor or to expend for his benefit the net annual income derived from the Trust Estate”, with power to encroach upon the capital in a manner which does not affect the present consideration. ...

I think these references are sufficient to make it clear that the ‘‘depreciation of steamers’’ fund was not a true depreciation reserve in the sense that that word is under consideration in the case at bar. ...