Date: 20041013
Docket: A-537-03
Citation: 2004 FCA 342
CORAM: RICHARD C.J.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
LOBA LIMITED
Appellant
and
MINISTER OF NATIONAL REVENUE
Respondent
Heard at Ottawa, Ontario, on October 12 and 13, 2004.
Judgment delivered from the Bench at Ottawa, Ontario, on October 13, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20041013
Docket: A-537-03
Citation: 2004 FCA 342
CORAM: RICHARD C.J.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
LOBA LIMITED
Appellant
and
MINISTER OF NATIONAL REVENUE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on October 13, 2004)
RICHARD C.J.
[1] We can detect no error of law in the decision of the Minister to issue to Loba Limited a Notice of Intent to revoke the registration of its pension plan, effective April 1, 2000, pursuant to paragraph 147.1(11)(a) of the Income Tax Act and to paragraph 8502(a) of the Income Tax Regulations, which require that "the primary purpose of the plan is to provide periodic payments to individuals after retirement and until death in respect of their service as employees".
[2] The determination as to whether the plan met the conditions in Regulation 8502(a) is essentially a question of fact and it was reasonable for the Minister, on the basis of the evidence before him, to conclude that the conditions were not met as of the date of intended revocation.
[3] Accordingly, the appeal will be dismissed with costs.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-537-03
STYLE OF CAUSE: LOBA LIMITED v. MINISTER OF NATIONAL REVENUE
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: October 12 and 13, 2004
REASONS FOR JUDGMENT OF THE COURT (Richard C.J., Sexton, Sharlow JJ.A.)
RENDERED FROM THE BENCH BY: Chief Justice Richard
APPEARANCES:
Mr. Vern Krishna, C.M. Q.C. for the Appellant
Mr. Marcel Theroux for the Appellant
Mr. Fred E. Seller
Mr. Roger R. Leclaire for the Respondent
Ms. Justine Malone
SOLICITORS OF RECORD:
Borden Ladner Gervais LLP for the Appellant
Ottawa, Ontario
Brazeau Seller LLP for the Appellant
Ottawa, Ontario
Mr. Morris Rosenberg for the Respondent
Deputy Attorney General of Canada
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