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I agree with the respondent, but the Circular provides additional and separate considerations for the Minister’s analysis under the particular subsection at issue. [58] I therefore conclude that the immediate benefits of the applicant’s requests for relief under the two subsections are not identical. ...

There is no doubt that serious consideration was given to this location much earlier though no firm decision may have been taken. ...

While this is one element to consider, the absence of income from the property is not a principal consideration in determining whether it was purchased for development with the secondary intention of reselling at a profit if this could not be accomplished, or as a pure investment. ...

For the purposes of convenience I will now set out the sections of the Act in question: 11. (1) Notwithstanding paragraphs (a), (b) and (h) of subsection (1) of section 12, the following amounts may be deducted in computing the income of a taxpayer for a taxation year: (g) an amount paid by the taxpayer in the year or within 120 days from the end of the year to or under a registered pension fund or plan in respect of services rendered by employees of the taxpayer in the year, subject, however, as follows: (i) in any case where the amount so paid is the aggregate of amounts each of which is identifiable as a specified amount in respect of an individual employee of the taxpayer, the amount deductible under this paragraph in respect of any one such individual employee is the lesser of the amount so specified in respect of that employee or $1,500, and (ii) in any other case, the amount deductible under this paragraph is the lesser of the amount so paid or an amount determined in prescribed manner, not exceeding, however, $1,500 multiplied by the number of employees of the taxpayer in respect of whom the amount so paid by the taxpayer was paid by him, plus such amount as may be deducted as a special contribution under section 76. 76. (1) Where a taxpayer is an employer and has made a special payment in a taxation year on account of an employees’ superannuation or pension fund or plan in respect of past services of employees pursuant to a recom- mendation by a qualified actuary in whose opinion the resources of the fund or plan required to be augmented by an amount not less than the amount of the special payment to ensure that all the obligations of the fund or plan to the employees may be discharged in full and has made the payment so that it is irrevocably vested in or for the fund or plan and the payment has been approved by the Minister on the advice of the Superintendent of Insurance, there may be deducted in computing the income of the taxpayer for the taxation year the amount of the special payment. 139. (1) In this Act, (ahh) “registered pension fund or plan’’ means an employees’ superannuation or pension fund or plan accepted by the Minister for registration for the purposes of this Act in respect of its constitution and operations for the taxation year under consideration; 137. (1) In computing income for the purposes of this Act no deduction may be made in respect of a disbursement or expense made or incurred in respect of a transaction or operation that, if allowed, would unduly or artificially reduce the income. ...

The Colony was merely an arm of the Church and the overriding consideration governing the rights of all the Brethren was the fulfilment of their concept of Christianity. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ...

After giving careful consideration to all the evidence, I am satisfied that the respondents acquired the lots here in question for the purpose of investment to the exclusion of any purpose of trading therein. ...

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. ...

The language of the statute is somewhat inapt to these technical considerations but its purpose is clear: and it is incumbent on the Court to see that the substance of a dispute is regarded and not its form. ...

As such, Exhibit “S” will be disregarded in my consideration of this application. [32] With respect to the other two impugned exhibits, Mr. ...