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The Court must no doubt ascertain the subject matter to which the particular tax is by the statute intended to be applied, but when once that is ascertained, it is not open to the Court to narrow or whittle down the operation of the Act by seeming considerations of hardships or of business convenience or the like. ...

It seems to me that this appeal resolves itself into the question whether the whole income of the trust is taxable against the appellant, and that the matter of the occupancy of Southlands by the appellant may be entirely dismissed from consideration. ...

In the case under consideration, the legal expenses incurred by the Dominion Company do not fall within the prohibited deductions and the question to be determined is whether it was one that should be charged against revenue or against capital. ...

Thereafter, one half of the income arising from the balance of the accumulated funds remaining in Nova Scotia is directed to be used by the Nova Scotia trustees for the benefit of the poor and needy in that Province, and it may be assumed that this portion of the income will then be so expended and will no longer be accumulating; at any rate it does not now enter into a consideration of the income here assessed and in debate. ...

In computing the amount of the profits or gains to be assessed, a deduction shall not be allowed in respect of (a) disbursements or expenses not wholly, exclusively and necessarily laid out or expended for the purpose of earning the income; ‘ ‘ but consideration must also be given to section 6(b) which prohibits the deduction of: "(b) any outlay, loss or replacement of capital or any payment on account of capital or any depreciation, depletion or obsolescence, except as otherwise provided in this Act;” It will be convenient to deal with the disallowed items under the heads mentioned. ...

Nor should there be any departure from them where the language under consideration is susceptible of another meaning, unless adequate grounds are found, either in the history or cause of the enactment or in the context or in the consequences which would result from the literal interpretation, for concluding that that interpretation does not give the real intention of the Legislature. ...

After careful consideration of the matter I have concluded that the respondent is entitled to costs. ...

There is another consideration that enters into this. Harbinson represents to him that all he has is the shares of Spooner and to lose them would ruin him. ... Brilund will cause its nominees on the Board of Spoonér to vote in favour of the employment of Harbinson as the Chief Executive Officer of Spooner for a minimum 5-year term for an aggregate consideration of $75,000.00, which contract may be assigned to Harbinson’s personal. corporation, and which contract will be guaranteed by Brilund. 6. ...

Limited with $4,500 for initial operating funds in consideration of which he was to receive 90,000 shares. ... While I have given careful consideration to the jurisprudence cited by learned counsel for both parties in their extensive written arguments, it must be stated that in the last analysis the decision in any case, such as the present, must depend on the specific facts and circumstances, which are not identical to those of any other case. ...

The considerations prompting the transaction may be of such a business nature as to invest it with the character of an adventure in the nature of trade even without any intention of making a profit on the sale of the purchased commodity. ... It is what he did that must be considered and his declaration that he did not intend to make a profit may be overborne by other considerations of a business or trading nature motivating the transaction. ...