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The respondent raises a right of incontestability and bases his contentions on the following points: (a) The insurance policies taken out by Honoré were assigned free of charge and the assignment was not registered in accordance with articles 804 and 806 of the Civil Code; (b) Notice of the assignment, even if it is considered an assignment for valuable consideration, was never served on the insurers and was never registered at the head office of the insurance companies before the death of Honoré Hawey. ...

The Department has looked at the situation and has considered certain factors. ...

He said that he considered there were sufficient cherry trees in the orchard to more than cover the costs of operation, cherries being a high-income-producing type of fruit. ...

The Board dealt with the motion by ruling that the assumptions made by the Minister must be considered correct in so far as they are peculiarly within the knowledge of the taxpayer and that in order to decide whether the facts assumed are peculiarly within the knowledge of the taxpayer, it is necessary to hear him under oath. ...

With regard to the 1964 taxation year, I am prepared on the strength of the evidence adduced and not adequately refuted by the respondent, to accept in principle the appellant’s argument that Premura was his employer at that time and that the amounts transmitted to Premura by Transatlantic in that year were not to be considered as representing appellant’s personal income transferred to Premura at his direction. ...

Clearly respondent’s position under the Income Tax Act must be considered in the light of its proper application. ...

All things considered, I am unable to see any grounds upon which this appeal can succeed. ...

In this sale the appellant realized a profit of $107,056.64 which was considered as income from a venture in the nature of trade and reassessed as such by the Minister of National Revenue in the appellant’s pertinent taxation year. ...

The evidence further indicated that: the building was old and could not be considered a viable structure; the boiler and elevator were operating but in a shaky condition; a new roof was needed and the floors required extensive repairs; the property was in the area included in the Civic Centre Redevelopment Plan; the trend in that area was towards the construction of large office buildings; the old building had no place in the Civic Centre Plan; the price of land was moving up very quickly in the area; the appellant had a lease with North-West Tent & Awning Co Ltd which prevented demolition until December 31, 1967; the net return from the building amounted to about $8,000; the site is one of the choice locations in Edmonton; and, finally, the building was bought by a syndicate of lawyers at a time when there was a trend towards the construction of large buildings in Edmonton, requiring the assemblage of land to complete projects. ...

In other words, all that the learned Justice of the Supreme Court of Canada says is that neither the Income Tax Appeal Board nor the Exchequer Court believed the appellant. 27 In this case I have observed Mr Kyllo in the witness-box, I have considered his interest in the result, I have reviewed the transactions that he entered into, and I have no hesitation in coming to the conclusion that he is a credible witness who should be believed and that his expressed intention in buying these properties as he did was to provide security for himself in his later years. 28 I think I am supported by, or at least I can find solace or corroboration in coming to this decision in, the simple fact that I find it difficult to believe that a man who was engaged in a series of trades, within the meaning of paragraph 139(1)(e) as it existed at the material time, would go to such lengths, incur such liabilities, and plough any money that he did make back into other projects of identical nature but of a larger dimension, if his intention was to make and keep a profit. 29 I think the evidence clearly supports his avowed business intention of entering into investment transactions, and I need not cite cases, I am sure, to show that even a trader—which I do not think this man to be—but even a trader can make a capital gain under the provisions of the Act as it was prior to 1972. 30 For all these reasons I would allow the appeal and vacate the assessment. ...