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Such question would require consideration of principles of law that do not arise in these instant appeals. ...

The said sale consideration of $176,000 by the provisions of the sale contract was payable and paid over a five-year period in the following amounts: 1958 $ 36,000 1959 35,000 1960 35,000 1961 39,000 1962 35,000 making a total of $176,000. ...

The resolution of this second issue involves a consideration of the much debated matter of what is the interest in a law practice of a retiring partner of a law firm. ...

In addition, I cannot leave out of consideration, when considering the character of the appellants’ business in connection with land, the speculative transactions upon which the appellants embarked with others where the avowed purpose was resale alone. ...

I have no doubt that, if the guiding mind of the appellant were to have frankly answered questions at the time of acquisition, he would have agreed that the appellant might itself, at an appropriate time, erect on the land buildings suitable for the developing neighbourhood, with a view to renting them or selling them; he would also have agreed that, if the right opportunity or opportunities arose, the appellant might sell some or all of the property, and he would also have agreed that really attractive bare land leasing proposal would receive careful consideration by the appellant. ...

There are two points for consideration: (1) whether the estate tax paid under the Estate Tax Act, S.C. 1958, c. 29, as amended, shall be charged to each legatee’s share of the estate or whether it shall be borne by the residuary estate, and (2) whether the devise of his home property to Mary Misyk ‘together with all the furniture and equipment of any kind therein’’ passed title to an automobile found in a garage located on the property. ...

In the circumstances, given that the Respondent did not challenge the facts alleged, given that subsection 18.15(3) of the Tax Court of Canada Act provides that “the Court is not bound by any legal or technical rules of evidence in conducting a hearing and the appeal shall be dealt with by the Court as informally and expeditiously as the circumstances and considerations of fairness permit” and given that, in any event, the alleged facts do not form a basis for setting aside the Judgment, I am satisfied that it is appropriate to decide the matter in the absence of an Affidavit much as one might deal with an application to strike a Notice of Appeal on the basis that it discloses no grounds for appeal. ...

In such circumstances, the new job criterion for determining the amount of the incentive payment would of course be replaced by some other more practical consideration. 15 In my opinion, all these criteria for determining the amount to be granted as an incentive, including the estimated number of new jobs to be created, are simply mathematical formulae used to arrive at a specific amount of incentive considered to be best or most useful in encouraging the building of new manufacturing facilities or in the expansion or modification of already-existing enterprises in designated areas. 16 There is no doubt that the purpose of the Regional Development Incentives Act is to promote the development of productive employment opportunities and to facilitate economic and social adjustment in certain designated areas. ...

Nor, I believe, would anyone disagree with the proposition that a person may invest his money in a business in order to derive a profit from its active operation or he may choose to invest in property and passively derive revenue from rentals or from interest on his investment. 13 However, the Income Tax Act has made an important and consistent legal distinction between income from a business and income from investment or property, and it seems to me that this basic distinction is an essential consideration in determining whether or not the appellant falls within the meaning of subsection 125(1) of the Income Tax Act. 14 In my opinion investment in movable or immovable property on a long-term basis cannot in general be considered to be a profit-producing business enterprise. ...

In spite of this stipulation, the lease which Great West granted to 159 Bay Street Limited contained all the usual terms and conditions of an ordinary lease of land as, for example, the landlord's right to the buildings on the land upon termination of the lease “by effluxion of time or sooner as herein provided ipso facto and without compensation or further consideration”, his right to re-enter upon default of the tenant, etc. ...