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That construction of the Act would involve the exclusion from our consideration of clause (d) of see. 87, which, in our opinion, was introduced to remove any doubt that the statute was intended to apply to a case such as that at bar.” ... After reading sections 85, 86 and 87 separately and in conjunction with one another and giving the matter careful consideration, I have reached the conclusion that subsec. ... I may add, although this consideration may be of lesser importance and weight, that presumably the defendant paid, indirectly perhaps but paid nevertheless, the consumption or sales tax on all the materials used in the construction of the Cora Marie and that in charging a tax on the value of the vessel he would be called upon to pay a double tax on at least the value of such materials. ...

Receipt is hereby acknowledged by me, on account of the purchase price above mentioned, of the sum of Fifty-seven Thousand Five Hundred Dollars ($57,500), the balance of the said purchase price amounting to One Million Ninety-two Thousand Five Hundred Dollars ($1,092,500) to be paid by you on or before 12 o’clock noon, on Thursday, November 3, 1932, and in consideration of the foregoing I hereby undertake to forthwith deliver to you or your nominees, good and marketable deeds of title as well as contracts, undertakings and other documents and papers appertaining to the assets of the A.O.A., and to give to you or your nominees access to any and all books of statements concerning the Company, and to permit you or your nominee to visit the premises and properties owned by the Company and to facilitate in every way a thorough inspection by you of the affairs of the Company. ... Pritchard, who owned a certain number of shares of Automobile Owners’ ‘Association, Limited, wrote to Trudeau as follows (exhibit 6): I hereby agree to deliver or cause to be delivered and transferred to you or your assigns or nominees all of the common and/or preferred shares appearing in my name in the Subscription Book of the Automobile Owners’ Association (1929) for and in consideration of the sum of $50,000, should you consummate your sale as outlined in letter of even date to Harry Snyder. ... Counsel for respondent objected to this evidence as tending to contradict the allegation contained in paragraph 12 of the statement of claim; judgment on the objection was reserved; after giving the matter due consideration, I have reached the conclusion that the objection is unfounded. ...

In consideration of the sum of One hundred and sixteen thousand six hundred and forty dollars ($116,640.00) heretofore paid to the Dominion Company and for the sum of One dollar ($1.00) each in hand paid to the Dominion Company and the Securities Company upon the execution of this agreement, the receipt whereof is hereby acknowledged, the Dominion Company and the Securities Company hereby release the other parties hereto from all claims and demands, present and future, in respect of the following covenants in the Indenture hereunto annexed as Schedule "‘A’’ hereto which are to the following effect:— FIRSTLY, that the lessee in the said Indenture of the 12th of June, 1879, should, during the demised term, keep the said telegraph lines, system and plant in good working order and should pay all costs of renewals thereof and expenses of carrying on the same, and SHCONDLY, that on the last day of the said term, or on the sooner determination of the estate thereby granted, the lessee should peaceably and quietly leave, surrender and yield up unto the Dominion Company all and singular the said demised premises and property in good working order and repair with an adequate supply of instruments and plant of the most improved character then in use on telegraph lines in America. 2. ... As the consideration for the assets (subject to liabilities) hereby agreed to be sold by the Vendor to the Purchaser, the Purchaser shall deliver the entire issue of such bonds and the entire number of certificates of interest hereinbefore referred to pro rata to the individual shareholders of the Vendor, as its nominees, upon surrender to the Purchaser of stock certificates with power of attorney thereon duly endorsed representing the shares held by the shareholders in the Vendor. ... Under the agreement (Exhibit 2) the sum of $116,640.00 is the consideration for a release of the covenants and a transfer of the telegraph system in 1978. ...

Allison, and having made further enquiries and having given full consideration to the matter and being of the opinion that the said Frank H. ... Noxzema Chemical Company of Canada, Limited, [1942] S.C.R. 178, [1942] C.T.C. 21, the question for consideration was the right of the Minister, under s. 98 of the Special War Revenue Act, Cap. 179, R.S.C. 1927, to fix fair prices upon which sales and excise taxes should be paid. ... I should have thought that the concluding words of ss. 9, as added by the amendment, would have had greater clarity if they had read thus: CC shall be received as evidence of the document and of the contents thereof and of the Minister’s signature thereto^ 9 Upon further consideration of the matter, I have reached the conclusion that the ‘ ‘ document, ‘ ‘ which is made evidence, includes the signature of the Minister or in other words everything contained therein, within the delegated power of the Minister. ...

Exhibit 10, again between the above, is precisely to the same effect as the preceding indenture, bestowing for a consideration of $5,000, ‘‘les droits exclusifs de représentation cinématographique”, in Canada. ... It now remains for me to determine the legal nature of the transaction evidenced in exhibit 11, whereby the rights of cinematographic exploitation (droits d’exploitation cinématographique) for Canada are assigned irrevocably by Sodak Films of New York to Paris Canada Films of Montreal, against a monetary consideration of $210,000, payable in twelve months and three instalments. ...

‘When that return and those for 1942 and 1943 were under consideration in 1944 an Assessor of the Department apparently reached the conclusion that the company was exempt under the provision of Section 4, subsection (1)(h). ... It does not clearly appear whether in that year exemption was granted under Section 4, subsection (1) (h), or whether it was found that after taking into consideration the previous years’ losses, there was no taxable income. ...

Il me paraît cependant extrêmement difficile d’en extraire quelques principes de base sauf que dans chaque cas toutes les circonstances doivent être prises en considération, ce qui ne nous aide guère. ... The question in every case is a question of fact depending upon the circumstances of the particular case under consideration. ’ ’ D’autre part, dans la présente cause, bien que le prix total de la vente ait été fixé, comme nous l’avons vu, arbitrairement et sans trop de relation avec sa valeur réelle, les paiements hebdomadaires ou mensuels sont basés sur un pourcentage des ventes directes de l’acheteur, c’est-à-dire proportionnellement à l’utilisation que fait l’acheteur du catalogue-vendeur de l’appelant. ...

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. ...

Farmer (1910), 5 T.C. 529, the Lord President, at p. 536, stated the following test, relating to recurrent expenses: Now, I don’t say that this consideration is absolutely final or determinative, but in a rough way I think it is not a bad criterion of what is capital expenditure as against what is income expenditure to say that capital expenditure is a thing that is going to be spent once and for all and income expenditure is a thing that is going to recur every year. ... But the Income Tax Acts take no account of this consideration. Broadly speaking, the outlay is deemed to be capital when it is made for the initiation of a business, for extension of a business, or for a substantial replacement of equipment. ...

The appellant submitted that the question of whether the $18,000 was paid for the relinquishment of a franchise was a settled question of fact because in paragraph 3 of the Reply to the Notice of Appeal of the respondent it was admitted ‘‘that the appellant agreed to pay and did pay Seven-Up Vancouver Ltd. the sum of $18,000 in consideration of relinquishing certain territory ’ ’. ... On the evidence adduced I am of opinion that the sole question of fact is whether the payment of $18,000 by the appellant to Seven-Up Vancouver Ltd. in consideration of the latter relinquishing certain territory is part of the legal cost of the franchise, Exhibit A-1. ...