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I am of the view that the benefit the appellant realized when he acquired the shares in question is properly considered to be part of his 1973 income and, in addition, since the gain he realized was only referable to his Option (and the Stock Market value) and not to duties performed after his rights in the Option became vested in him, there is no basis for any apportionment of that benefit”. ...

He also submitted that section 20 of the Collective Agreement Decrees Act does not establish any legal subrogation in favour of the Parity Commit- L’Automobile de Montréal et du District v MNR (TRB) tee, which accordingly cannot be considered as the employee; and that there is no mandate under the civil law because, under the Collective Agreement Decrees Act, the parity committee may exercise the remedies arising from the decree despite the express opposition of the unpaid worker. ...

It was evident to the Board that the underlying question common to both parties was whether or not the income which both parties agreed had been in fact paid by the tenants as rent in Sri Lanka, should be considered as income of the appellant in filing his tax return in Canada. ...

As the Board understands it, there is no significant dispute between the parties regarding the facts which should be considered for the appeal. ...

Mr Sauve testified that when HERO was incorporated in 1969, he paid $1000 for one share, Mr Douglas $8000 for eight shares and his wife $1000 for one share; that Mr Douglas transferred 25% of his interest to Douglas Paint at the price of $21,250 which was considered to be reasonable at that time and that he had an interest of 10% in HERO. ...

The trust deed is a document of some 19 pages, but only Article VIII thereof shall be reproduced: ARTICLE VIII: PAYMENT OF INCOME AND CAPITAL The Trustee shall invest and keep invested the Trust Estate until the first day of December, 1991 (hereinafter referred to as the “distribution date”) and may, from time to time, pay none, some or all of the net income derived therefrom or none, some or all of the capital thereof to or for the benefit of one, some or all of the children of the Settlor as the Trustee shall, in his absolute and uncontrolled discretion, determine; any income not so paid or applied in any calendar year to be added to form part of the Trust Estate; on the distribution date the Trust Estate shall be divided into as many equal shares as there shall be children of the Settlor then alive; and any child of the Settlor who shall not be then alive, but who shall have children him or her surviving, shall be considered alive for the purposes of such distribution; the Trustee shall keep the share from each such child invested and shall pay income and capital to such child upon such terms and in such manner as hereinbefore provided until such child shall attain the age of twenty-five (25) years, whereupon A of his or her share shall be paid to him or her for his or her own use absolutely; the remainder of such share shall be kept invested as aforesaid and the income and capital shall be paid as aforesaid until such child shall attain the age of 30 years whereupon the amount of such share remaining shall be paid to him or her for his or her own use absolutely; provided, however, that in the event that any such child shall die prior to the distribution date or, surviving the distribution date shall die prior to attaining the age of 25 years or, having attained the age of 25 years, shall die prior to attaining the age of 30 yars, leaving children him or her surviving, then the interest of such child in his or her share shall be subject to the defeasance and the share of such child or the amount thereof remaining shall be held in trust for the children of such deceased child alive at the date of such deceased child’s death in equal shares per stirpes, upon such terms and in such manner as herein provided; in the further event that such deceased child shall die in such manner as aforesaid, leaving no children him or her surviving, then the share of such deceased child or the amount thereof remaining shall be subject to defeasance and shall be held in trust for the brothers and sisters of such deceased child alive at the date of the death of such deceased child in such manner as herein provided; in the further event that there shall be no children of the Settlor alive at the distribution date or all of them shall die prior to attaining the age of 25 years or, if one of them shall have attained the age of 25 years but shall die prior to attaining the age of 30 years leaving no children them Surviving, to pay over the Trust Estate to or for the benefit of MERIDA PHYLLIS SACHS for her own use absolutely. ...

The situation here, as I see it, is analogous to that considered by Jackett, P, (as he then was) in Associated Investors of Canada Limited v MNR, [1967] CTC 138; 67 DTC 5096. ...

Evidence Both the appellant and the respondent adduced evidence but the only additional point considered significant by the Board was that some of the payments involved had been made to incorporated businesses providing the serivce to the appellant, and some of the payments had been made to unincorporated businesses, such as partnerships, etc. ...

In light of that, the section should be considered as saying on the facts of this case: For the purpose of computing the taxable income for the 1976 taxation year of the appellant, there may be deducted from his income for that year, the amount by which (a) the amount his spouse may claim as a deduction under section 110.1 exceeds (b) the amount, if any, by which his spouse’s income for 1976 exceeds the amount allowable as a deduction under paragraph 109(1)(c). ...

Act, Case Law and Comments 4.1 The main sections to be considered in the case at Bar are 2, 3, 5, 115 and 250(1)(d) of the new Act. ...