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In amending the former wording of subsection 58(1) which read “any person who objects to the amount at which he is assessed” to the present wording “a taxpayer who objects to an assessment under this Part” Parliament must have given due consideration to the reasoning aforesaid and thereby gave effect to it by deleting the word “amount”. ...

The said subsection 62(1) (Revised Statutes of Canada, 1970) reads as follows: 62. (1) In this Act “settlement” includes (a) any trust, whether expressed in writing or otherwise, in favour of any person, and, if contained in a deed or other instrument effecting the settlement, whether or not such deed or other instrument was made for valuable consideration as between the settlor and any other person, and (b) any deed or other instrument under or by virtue of which a usufruct or substitution is created or any real property or estate or interest therein stands limited to any persons by way of succession; In view of that section, clauses 3 and 5 of the will of the deceased in my opinion constitute a universal legacy to the wife, a legacy which is however subject to a residual substitution in favour of the children, and will take effect on the wife’s death, which prevents her from bequeathing the residue of the property she has- received from her husband otherwise than to their children. ...

For these reasons the appeal is allowed in part and the whole is referred back to the Minister for reassessment, taking into consideration that the sale of land to the Irving refinery in 1966 for the sum of $258,749.90 is not to be treated as commercial in nature, and must be deducted from appellant’s taxable income for the taxation year 1966. ...

In the present case, no such exceptional circumstances having been proved, I conclude that the appellant cannot be considered as having been, during the years under consideration, in the business of racing horses for profit and that, therefore, his racing gains during these years were not income. ...

Doubtless to Hospital Publications Incorporated — a New York corporation, which granted to the appellant the right and licence to use the name “Medical Aspects of Human Sexuality (Canadian Edition)” — advertising and financial reward therefrom was an important consideration. ...

The only question raised by this appeal is whether the respondent was right in including in the appellant’s income for the years under consideration, the amounts that the appellant received during those years from the Quebec Autoroute Authority and other customers when, in the circumstances that I have just described, these customers released holdbacks that were not yet due and claimable. ...

Confining my consideration to the first claim, the question seems to be whether there was indeed a benefit conferred on the appellant by virtue of his contract of employment with IMC. ...

From a consideration of all the facts which have been disclosed in the evidence adduced at the hearing, I have reached the conclusion that the liability assumed in connection with Vaillancourt Inc’s line of credit, and which the appellant was called upon to pay, was nothing other than an outlay of capital made by it on behalf of P P Vaillancourt Inc, no doubt with the hope of preserving what had in the past proved to be, for the appellant, a valuable source of lumber at an advantageous price. ...

From the material before the Board, it is clear that, in respect of the assessments for the 1963 to 1966 taxation years, an interval of 99 days had elapsed between the date of mailing of the Minister’s notifications under section 58 and the date of mailing of the purported notices of appeal to the Tax Appeal Board, and that the purported notices of appeal presented to the Board for consideration had been mailed to, and received by, the Registrar of the Tax Appeal Board well beyond the 90-day period reserved by statute for instituting an appeal. ...

From the material before the Board, it is clear that, in respect of the assessments for the 1964 to 1966 taxation years, an interval of 99 days had elapsed between the date of mailing of the Minister’s notifications under section 58 and the date of mailing of the purported Notices of Appeal to the Tax Appeal Board, and that the purported Notices of Appeal presented to the Board for consideration had been mailed to, and received by, the Registrar of the Tax Appeal Board well beyond the 90-day period reserved by statute for instituting an appeal. ...