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To purchase or otherwise acquire and to hold and own a parcel of land in the City of Montreal lying between the south side of Kent Avenue, the north side of Van Horne Avenue, the east side of Darlington Avenue and the west side of Wilderton Avenue, with such additions thereto as may be considered necessary to construct a building or buildings to be occupied in whole or in part as a shopping centre and to act as real estate lessors and administrators in connection therewith and to sell and dispose of the said immoveable property in whole or in part for such consideration and under such terms and conditions as may be thought proper;... ... The significant portions of said letter are as follows: On the Sketch Plan submitted drawing #P-1 makes full use of the lot for the Shopping Centre with no consideration for any land to be sold for apartment construction.... ...

In the 1950’s gas storage as described was developed in the State of Michigan and the appellant in 1954 gave consideration to the obtaining of gas storage leases from the lessors from whom it held petroleum and natural gas leases in southwestern Ontario. ... In my view, it is a matter of common sense to say that any public company, with the interests of its shareholders properly before it, must have at least vaguely in its corporate mind, at the time it acquires capital assets, the possibility of selling those assets if economic considerations demand it. ...

The firm received $200,000 for its services with no reduction in fee for collateral considerations. ... The suggestion that the Board hold its decision open pending the hearing of an appeal on a separate matter in order to test the validity of the Minister’s assumption, when the Crown itself was not prepared to adduce evidence to uphold its position and after the said assumption had been upset under oath, precludes the Board, in my view, from further consideration of this particular issue. ...

My purpose is, of course, to decide whether or not the same consideration is relevant to Swallowfield in this appeal because both companies, Adanac and Swallowfield, were incorporated under memoranda of association and, no doubt, carried out their respective disputed transactions under some general or ancillary power contained therein. ... The crux of the matter now under consideration is stated concisely and with great clarity by Mr Justice Judson in the classic case of Regal Heights Limited v MNR, [1960] CTC 384, as follows (page 390): The question to be determined is not what business or trade the company might have carried on but rather what business, if any, it did in fact engage in. ...

It was when the appellant stood to lose, in effect, some $14,000 on work already done on its subcontract that consideration was given to the acquisition of the partly constructed building. ... A memorandum was written by Mr Roy King, an auditor of the De^ partment of National Revenue, in the course of his official audit of the company, concerning a meeting held in September 1967 with Mr H R Auck of Burns & Dutton and Mr F Anderson of Price Waterhouse & Ca which reads in part as follows (Exhibit R-2): Consideration was given to establishing an estimated cost of the land and taxing the profit as a separate transaction. ...

It was submitted on behalf of the respondent that the key words in this interpretation in this case of the meaning of the word ‘‘mine’’ in that subsection were ‘‘a mining concern taken as a whole’’ and as a consequence, a broad meaning should be given to the word “concern” which should include taking into consideration all the economic aspects of the operation of the mine; and therefore the appellant to succeed on this appeal had to establish that in respect to the so-called No. 1 mine and No. 2 mine that there existed at all material times in effect two mining concerns taken as a whole. ... These are matters of personnel and personnel services, and not the physical things of a mining concern taken as a whole which make it “capable of producing ore’’ and are irrelevant in the consideration of the question on this appeal. ...

I accept as a fact that the appellant in undertaking the operation of the farm was actuated by those business considerations and I would conclude therefore that expenses incurred by the appellant in the operation of the farm were expenses incurred for the purpose of producing income from the consulting engineering business of the appellant. *139. (1) In this Act, (p) “farming”’ includes tillage of the soil, livestock raising or exhibiting, maintaining of horses: for racing, raising of poultry, fur farming, dairy farming, fruit growing and the keeping of bees, but does not include an office or employment under a person engaged in the business of farming; However, this conclusion does not resolve the matter. ... In such consideration it is expedient to recall the basic scheme of Part I of the Income Tax Act. ...

Secondly, the argument put forward by counsel for respondent does not take into consideration that, even if Mrs. ... On the other hand, if it had been shown that the proceedings taken by Lazar Pinkus were likely to be successful, certainly one could not presume that Lazar Pinkus would have, without receiving any consideration, agreed to discontinue his action. ...

Justice McFarlane at page 123 says as follows: With regard to the five counts under the Income Tax Act, Section 132(1) (a), a great amount of consideration in both Courts was given to the question whether or not mens rea is an essential element, Both tribunals held that it is. ... Chief Justice Smith, at page 63, says as follows: It is clear beyond doubt, that the income of the respondent was understated and this is, no doubt, an element which the trial Judge took into consideration in deciding whether or not mens rea was established. ...

Assuming the correctness of such conclusions, there arises next for consideration the allegation of the applicants that the Minister lost the jurisdiction given to him by the Act when he made his determination under Section 5(2) without notice to the executors of the estate, contrary to the principles of natural justice. ... In other words, the rule that I am discussing does not apply to decisions that are primarily of any administrative or executive nature in the sense that they are arbitrary because they are made having regard primarily to public policy or exediency considerations but does apply to decisions as to individual rights arrived at by ascertaining facts and applying some rule or principle of law to them. ...