A-576-96
ROBERTSON, J.A.
McDONALD, J.A.
B E T W E E N:
CHRIS RIZOS
Applicant
- and -
HER MAJESTY THE QUEEN
Respondent
HEARD at Toronto, Ontario, Wednesday, June 11, 1997.
JUDGMENT delivered from the Bench at Toronto, Ontario, on Wednesday,
June 11, 1997.
REASONS FOR JUDGMENT BY: MacGUIGAN, J.A.
A-576-96
ROBERTSON, J.A.
McDONALD, J.A.
B E T W E E N:
CHRIS RIZOS
Applicant
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario,
Wednesday, June 11, 1997)
MacGUIGAN, J.A.:
We have not been persuaded that Sobier J.T.C.C. made any errors in his consideration of this case.
In particular, we agree with the following passage in his reasons for decision (Respondent's Application Record, 92):
| |
It appears that if they had not chosen to incorporate, they would very likely be entitled to the deduction of these expenses. However, the moneys were borrowed not for the purposes of gaining or producing income from property or a business, but for the purpose of advancing to the corporation, without any return on that investment from the corporation. Their return in the future might have been by way of dividends, but that was not the case. |
|
That having been said, we regard it as highly unfortunate that the Crown allowed another case involving similarly placed parties on the same facts to be proceeded with separately1 on a different issue, and with a conflicting result. That is unfair both to the applicant and to the Court, and leaves a lingering sense of dissatisfaction with the result.
Nevertheless, on the facts and issues before us the s.28 application must be dismissed.
"Mark R. MacGuigan"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-576-96
STYLE OF CAUSE: CHRIS RIZOS
- and -
DATE OF HEARING: JUNE 11, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: MacGUIGAN, J.A.
Delivered from the Bench at Toronto, Ontario
on Wednesday, June 11, 1997
APPEARANCES:
Mr. Chris Rizos
For the Applicant
Ms. Marie Boris
For the Respondent
SOLICITORS OF RECORD:
Chris Rizos
5 Broadleaf Road
Don Mills, Ontario
M3B 1C1
For the Applicant
George Thomson
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court File No.: A-576-96
Between:
CHRIS RIZOS
Applicant
- and -
Respondent
REASONS FOR JUDGMENT
__________________
1 Lambrini Photos v. The Queen, decided by Christie A.C.J.C.C. on 15 July 1996, 96-41 (IT)I and 96-776 (IT)I.
Email this Content