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I have considered carefully the view expressed by Coady, J.A., in Jorgenson v. ...

It would, in their Lordships’ judgment, be contrary to all principle, for the purpose of construing it, to look at the evolution even of the same enactment under some other system of law. ’ ’ I do not agree, therefore, with the submission of the respondent that the question before us is as to whether or not the agreement in question can be fairly considered to have been merely a commercial agreement, or whether, looking at the substance of it and the circumstances in which it was entered into, one may regard it as a gift. ...

Later in his judgment, the learned judge explained what he found to be the mandatory condition of the tax exemption in Schedule III in the following terms: 'The determining, decisive, factor does not consist in the quantity of vitamins contained in, or calories excluded from, an edible substance; it is set and prescribed by the interpretative authority of Section 2(1) (ec) decreeing that: must be considered pharmaceuticalsunmentioned in Schedule ITT, ‘any material, substance, mixture, compound or preparation, of whatever composition or in whatever form, sold or represented for use in the... treatment, mitigation or prevention of a... disorder (or) abnormal state... in man’.” ...

In reaching this conclusion, T have not considered as particularly applicable either Sudeley v. ...

’ ’ If he had not considered himself bound (as indeed he was) by the decision of the Court of Appeal in Re Fleck, [1952] O.W.N. 260; [1952] C.T.C. 205, Ferguson, J., before whom the application came, would have found that the money constituted capital in the hands of the trustees and not income but in view of that authority he declared otherwise. ...

The appellants say that the amount written off over the period in question for depreciation is subject to the provisions of the Accumulations Act, now R.S.O. 1950, c. 4, and that such amount has been shown, by reason of the price realized on the sale of the business, to have been excessive to such an extent that the whole amount of the write-offs should now be considered income to which the appellants are entitled. ...

It would, in their Lordships’ judgment, be contrary to all principle, for the purpose of construing it, to look at the evolution even of the same enactment under some other system of law. ’ ’ I do not agree, therefore, with the submission of the respondent that the question before us is as to whether or not the agreement in question can be fairly considered to have been merely a commercial agreement, or whether, looking at the substance of it and the circumstances in which it was entered into, one may regard it as a gift. ...

Ford apparently controlled the operations of the company and as the anticipated cost of drilling the well on the farmout in question was about $55,000 he considered this was too big an investment for the company and, accordingly, sold the half interest to the Reality Company for the sum of $27,500. ...

The parties concurred in stating the questions of law arising herein in the form of a special case for the opinion of the Supreme Court of the province; and, on consent of all concerned, the case was heard by the court en banc, which, having considered the points submitted, ordered that judgment be entered for the respondent, without costs. ...

The value of the buildings shall be the amount by which the value of the land is thereby increased. “ (3) To remove doubts it is hereby declared that the cost of a building is only one of the matters which should be considered in ascertaining the amount for which a building should be assessed, and if it is found that a building, either because of its condition as to repair or of its inappropriateness to the location in which it is found or because of any other circumstances affecting its value, increases the value of the land by less than the cost of the building, or the cost of replacing it, such less sum shall be the amount for which the building shall be assessed under subsection 2; the meaning of that subsection being that buildings shall be assessed for the amount of the difference between the selling value of the whole property and the selling value of the land if there were no buildings on it. ...