APPEAL by the City of Toronto from the judgment of the Court of Appeal for Ontario (1), dismissing its appeal from the order of The Ontario Municipal Board (2), which held (affirming in the result, subject to amendment, the judgment of Macdonell Co. C.J. (3)) that, upon the facts established in this case, the respondent company had only one business, that of Theatre Controller and Operator (and, to give its proper description as such, the assessment roll should be amended), in respect of which business it was liable to business assessment, and that all its investments and all income derived therefrom (in 1932, the year in question) were made and received in connection with that business, and could not, therefore, be assessed for income (except in the sum of $3,586.40, admittedly received from investment of surplus funds in public securities). On the appeal to the Supreme Court of Canada, after hearing the argument of counsel for the appellant, the members of the Court retired for consultation and, after their return to the Bench, the Court, without calling on counsel for the respondent, delivered judgment orally, dismissing the appeal with costs. The Chief Justice stated that the Court had considered fully the useful arguments of Mr. Colquhoun and Mr. Kent, and had reached the conclusion that it would be impossible to set aside the