Heald, J.A.:—Mr. Mitchell, we do not need to hear your reply to Mr. Van Iperen’s argument on the cross-appeal. We are all of the view that the trial judge did not err in concluding that there is no material difference between the receipts here in question and those that this Court held to be capital receipts in the case of The Queen v. Consumer's Gas Co., [1987] 1 C.T.C. 79; 87 D.T.C. 5008. The cross-appeal will therefore be dismissed with costs.
The appeal will also be dismissed with costs. In our opinion, the reasoning on which this Court based its decision in Northern and Central Gas Corp. v. The Queen, [1987] 2 C.T.C. 241; 87 D.T.C. 5439 is sound and must be preferred to the reasons subsequently given in the case of Nova, an Alberta Corp. v. The Queen, [1988] 2 C.T.C. 167; 88 D.T.C. 6386.
Appeal dismissed.