Date: 20080212
Docket: A-240-07
Citation: 2008 FCA
54
CORAM: NOËL J.A.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
OTTAWA
AIR CARGO CENTRE LTD.
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
Heard at Ottawa,
Ontario, on February 12,
2008.
Judgment delivered from the Bench at Ottawa Ontario, on February
12, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date: 20080212
Docket: A-240-07
Citation: 2008 FCA 54
CORAM: NOËL
J.A.
SHARLOW
J.A.
PELLETIER
J.A.
BETWEEN:
OTTAWA AIR CARGO CENTRE LTD.
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, February
12, 2008.)
NOËL J.A.
[1]
We have
not been convinced that the Tax Court Judge made any error of law in her
construction of subsection 55(2). On the particular facts of this case, she
correctly concluded that this provision did not apply to the proceeds of
redemption.
[2]
We are
also of the view that the assessments of Part III tax were made within the
statutory time limit.
[3]
We therefore
conclude that the Tax Court Judge correctly dismissed the appeals pertaining to
each of the assessments and reassessments that were in issue before her.
[4]
The appeal
is accordingly dismissed with costs in favour of the respondent.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-240-07
STYLE OF CAUSE: OTTAWA AIR CARGO CENTRE LTD. and HER
MAJESTY THE QUEEN
PLACE OF HEARING: Ottawa,
Ontario
DATE OF HEARING: February 12, 2008
REASONS FOR JUDGMENT OF THE COURT
BY: Noël J.A.
Sharlow J.A.
Pelletier
J.A.
DELIVERED FROM THE BENCH BY: Noël J.A.
APPEARANCES:
|
Mr. Paul C. LaBarge
Mr.
Lawrence Weinstein
Mr.
Colin Wrynn
|
FOR
THE APPELLANT
|
|
Mr. Ernest Wheeler
Mrs.
Justice Malone
|
FOR
THE RESPONDENT
|
SOLICITORS OF RECORD:
|
LABARGE WEINSTEIN PROFESSIONAL CORPORATION
Ottawa, Ontario
|
FOR
THE APPELLANT
|
|
JOHN H. SIMS, Q.C.
Deputy
Attorney General of Canada
Ottawa, Ontario
|
FOR
THE RESPONDENT
|
Email this Content