Argus Holdings Ltd. v. R., [1999] 2 CTC 2531, 99 DTC 597 -- text
Mogan T.C.J.:
Mogan T.C.J.:
Teskey T.C.J.:
The Appellant, in his Notice of Appeal wherein he appealed his 1995 reassessment of income tax, elected the Informal Procedure.
Lamarre Proulx T.C.J.:
This appeal concerns the interpretation of a clause in a lease entered into between two parties not dealing at arm’s length, the issue being whether the replacement of a roof is a “landlord’s repair”.
The Minister of National Revenue (the “Minister”) made the assumptions of fact set out in paragraph 14 of the Reply to the Notice of Appeal (the “Reply”) as follows:
a) At all material times, Mr. Joseph Caporicci was the only shareholder of the Appellant.
Lamarre Proulx T.C.J.:
The appellant is appealing a reassessment by the Minister of National Revenue (“the Minister”) for its 1989 taxation year.
The issues are:
Tremblay T.C.J.:
Bowman T. C.]. :
Beaubier T.C.J.:
This appeal pursuant to the General Procedure was heard at Halifax, Nova Scotia on January 26, 1999. The Appellant was the only witness.
Tardif T.C.J.:
Tremblay T.C.J.:
Dussault T.C.J.: