Urie, J (per curiam) (judgment delivered from the Bench):—The question of whether or not the transaction of sale of a property is for the vendor’s capital or income account is dependent on the particular facts and circumstances surrounding the transaction. The learned trial judge made a number of findings of fact, clearly after weighing all the evidence, and drew inferences therefrom which led him to the conclusion that each of the transactions in issue here was entered into as part of a pattern of buying property with the ultimate intention of selling it at a profit which was to be used for reinvestment in other property. There was, in our opinion, ample evidence to support these findings and the inferences drawn from them.
That being the case, the learned trial judge correctly found, in our view, that the profit derived from the sale of the Spencer Avenue, James Avenue, Gowan Avenue, and Richview Side Road properties was income in the hands of the appellant and thus was properly assessed for income tax in the applicable years by the respondent.
The appeal, accordingly, will be dismissed with costs.