NRT Technology Corp. v. Canada, 2013 FCA 221

Date: 20130919

Docket: A-553-12

Citation: 2013 FCA 221

CORAM:       SHARLOW J.A.

                        STRATAS J.A.

                        NEAR J.A.

Heard at Toronto, Ontario, on September 19, 2013.

Judgment delivered from the Bench at Toronto, Ontario, on September 19, 2013.

REASONS FOR JUDGMENT OF THE COURT BY:                                SHARLOW J.A.

Date: 20130919

Docket: A-553-12

Citation: 2013 FCA 221

CORAM:       SHARLOW J.A.

                        STRATAS J.A.

                        NEAR J.A.

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on September 19, 2013)

SHARLOW J.A.

[1]               This is an appeal of a judgment of Justice Campbell Miller of the Tax Court of Canada dismissing an appeal of a reassessment under the Income Tax Act, R.S.C. 1985, c. 1 (5^th Supp.) for the 2007 taxation year (2012 TCC 420). The issue is whether the appellant, NRT Technology Corp.,

Page: 3

is entitled to a deduction for certain pre-2007 non-capital losses of a corporation it acquired in 2006 with which it was subsequently amalgamated.

[2]               Despite the able submissions of counsel for NRT, we have been unable to discern any error of law or fact on the part of Justice Miller.

[3]               The appeal will be dismissed with costs.

“K. Sharlow”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                             A-553-12

APPEAL FROM AN ORDER OF THE HONOURABLE  JUSTICE CAMPBELL J. MILLER OF THE TAX COURT OF CANADA DATED NOVEMBER 30, 2012, IN COURT FILE NO. 2010-1901 IT(G).

PLACE OF HEARING:                                                      TORONTO, ONTARIO

DATE OF HEARING:                                                        SEPTEMBER 19, 2013

REASONS FOR JUDGMENT OF THE COURT BY:   SHARLOW J.A.

                                                                                                STRATAS J.A.

                                                                                                NEAR J.A.

DELIVERED FROM THE BENCH BY:                         SHARLOW J.A.

APPEARANCES:

SOLICITORS OF RECORD: