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Obviously if the Board kept within the four corners of the "additional powers” conferred by s. 5 and if the powers contained in the Scheme devised by His Honour the Lieutenant- Governor in Council and vested in the Board by s. 4 are within provincial authority no debatable question should arise unless considerations, later referred to, raise, not fanciful, but substantial questions of law and of fact. ... However, the Nova Scotia draftsmen would not be obliged to read the Crystal Dairy decision: let us assume they did not do so; it would therefore be impossible, as in the case at bar, to attribute a design to evade it: to speak of colourability, or of the "over-stretched hand” because they knew nothing of these elements considered vital by respondents to a proper consideration of this case. ... That examination of the ‘‘substance’’ of the orders must include the consideration of external evidence where it is necessary to do so to understand the working out of the orders "‘in a practical business sense,’’ I think is clear from what was said both by Sir Lyman P. ...

In his reasons for judgment the learned Judge below said: 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. ... East Elloe Rural District Council, [1956] 1 All E.R. 855; [1956] A.C. 736 would need consideration, but the present case can, in my view, be approached without any examination of or reliance on that case. ... In my view, Section 5(2), as amended in 1970, did not and could not have had any reference to a determination made by the Minister, which was made without notice to the parties whose rights were to be affected and without hearing any representations from such parties and upon facts and considerations undisclosed to such parties and not made apparent to the court. ...

These submission [sic] require a consideration of the relationship between the Bankruptcy and Insolvency Act and the Income Tax Act. ...

Counsel, having made that submission in the criminal proceeding to the trial judge, the judge may well have taken such matters into consideration— there is certainly no reason why he should expressly state he did so in his reason for judgment and it cannot be inferred from the sentence delivered that he did not take into account all relevant considerations and submissions when determining the appropriate sentence. ...