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A-5, which I might call ‘the offer for Ville LaSalle and Lake of Two Mountains properties’’, the parties waived the necessity for a future survey and agreed that the quantity of sand on hand at that date should be considered as consisting of 40,000 tons. ... As mentioned previously, the gross profit derived in the form of rents from the McCord Street property, as set out in the said exhibit, can be disregarded and the exhibit need not be considered beyond the point where the Department’s figures show taxable income or gross revenue from the sand business at $90,464.10 and where a corresponding figure shown by the taxpayer amounts to $50,464.10. ...

Counsel for the respondent considered that, among the 31 mortgages with which we are concerned, the maturity date of ten of them was five years, and this statement gives rise to the aforementioned instance which I think calls for some detailed consideration and consequent modification. ... Harris, 5 T.C. 159 at 166, wherein the Lord Justice Clerk observed: “What is the line which separates the two classes of cases may be difficult to define, and each case must be considered according to its facts; the question to be determined being—Is the sum of gain that has been made a mere enhancement of value by realising a security, or is it a gain made in an operation of business in carrying out a scheme for profit-making?” ...

In that case the Court said that in common parlance, the word ‘‘spirit’’ would be considered as comprehending a liquid like ‘‘sweet spirits of nitre’’ which is itself a known article of commerce not ordinarily passing under the name of ‘ spirit”. ... That this is not the case appears by subsections (2) and (3) of Section 121 of the Inter prêt ait ion Act, R.S.C. 1927, c. 158: “ (2) The amendment of any Act shall not be deemed to be or to involve a declaration that the law under such Act was or was considered by Parliament to have been different from the law as it has become under such Act as so amended.” (3) A repeal or amendment of any Act shall not be deemed to be or to involve any declaration whatsoever as to the previous state of the law. ’ ’ I must conclude that the amendment to remove all possibility of ambiguity was, I think, merely declaratory of what was always the true intendment of the previous words. ...

Every other investment I had and which the Bank of Montreal considered was a pretty smart investment portfolio, believe me, I thought was the weeds by the end of 1932. ... What is the line which separates the two classes of cases may be difficult to define, and each case must be considered according to its facts; the question to be determined being—Is the sum of gain that has been made a mere enhancement of value by realising a security, or is it a gain made in an operation of business in carrying out a scheme for profit-making? ...

According to the appellant, he considered this a favourable opportunity to make a property purchase which would be a safer and sounder investment than acquairing, as had been his custom theretofore, ready-built apartment houses. ... With the exception of two apartment buildings, one of which he sold at a profit of $40,650 and the other at a profit of between $60,000 and $70,000 (which sums he considered as capital gains and reported as such), he said that he and his associates had retained ownership of all the apartment buildings that they had acquired. ...

The Company had considered future development of the land which it held. ... I have also considered the ‘‘receivability’’ of the compensation money from the expropriation as the submission of counsel for the respondent appears to be, in regard to both Section 24 of the Expropriation Act and Order-in-Council No. 4253 and the ‘‘Regulations Relating to the Acquisition of Land by Government Departments”. ...

Roberts was present, when I dismissed you from the service of this firm, as of the close of business yesterday, upon grounds which I stated to you, and which our Management Committee considered sufficient to warrant your immediate dismissal without notice. ... Whether a benefit received by a taxpayer was received by him ‘ ‘ in respect of, in the course of, or by virtue of the office or employment’’ must be considered in relation to the particular circumstances in which it was received. ...

I should also add here that counsel for the appellants stated at the trial that he abandoned the contention raised in the case of Harold Diamond and his wife, Estelle Diamond, that the money invested by the appellants in common shares, preferred shares and loans of Portage Drive-In Ltd. and Prairie Drive-In Ltd. should be held to be deductible as business losses under Section 27(1) (e) but did not abandon Sarah Diamond’s alternative argument that if it is found that she has engaged in a trading transaction with respect to the Mclnnes property that the loss she has sustained in the Balstone Farms option of $15,000 be considered as a business loss deductible in accordance with the provisions of Section 27 (1) (e) of the Income Tax Act. ... I would gladly comply with her request if the above loss could be considered as a business loss. ...

He had no written contract with the appellant insurer. [23] The Court in Wray considered the Sagaz indicia. ... This was an appeal from the Tax Court which considered the work status of 11 drywallers, orally retained by another drywaller when he had excessive work. ...

Colquhoun, [1926] A.C. 1, the House of Lords considered the case of a London barrister who held the office of Recorder of Portsmouth and who had sought to deduct from the emoluments of that office his expenses of travelling several times each year from London to Portsmouth for the purpose of carrying out his duties as Recorder. ... The distinction between supplies and equipment was considered in The D’Vora, [1952] 2 All E.R. 1127, where the problem was whether or not the supplying of fuel oil to a ship fell within the meaning of the expression ‘‘building, equipping or repairing a ship’’. ...