Hugessen J.A.:—This appeal requires this Court to rexamine the precise scope and reach of the provisions relating to amalgamation found in section 87 of the Income Tax Act, R.S.C. 1952, c. 148 (am. S.C. 1970-71-72, c. 63) (the "Act")
Hugessen J.A.:— We have not been persuaded that the learned motions judge committed any reversable error or acted on any wrong principle in the exercise of his discretion to allow the plaintiffs’ case, difficult though it may prove to be, to
Linden J.A.:—The issue in this application for judicial review is whether wage loss replacement amounts received by the applicant in 1990 and 1991 were payable to him in respect of a loss in consequence of an event occurring before 1974. If so,
l.:
Garland v. C.E.I.C., (1985) 63 N.R. 129, 23 D.L.R. (4th) 393;
McDonald J.A.:—These are appeals from a reported decision of the Trial Division ([1993] 1 C.T.C. 148, 93 D.T.C. 5067), which dismissed appeals from the reassessments of the appellant’s 1985 and 1986 income tax returns.
Hugessen J.A.:—These three appeals raise a problem that is common to all three cases. In addition, the appeal in file no. A-184-93, Faema Distributeur Inc., raises a question that is specific to that case.
All of the respondents import kitchen equipment that is intended for sale, and is in fact, sold to restaurant establishments. In addition, the respondent, Faema Distributeur Inc., imports kitchen equipment that is intended for sale, and is in fact sold, to people who will use it for strictly domestic and non-commercial purposes.
Robertson J.A.:—The respondent is a "Class 1” farmer who in 1987 transferred all his farmin assets to a company incorporated for the purpose of facilitating a "rollover" to his son on the former's death. Simply stated, the issue raised on this
Mahoney J.A.:—This is an appeal from a reported decision of the Tax Court of Canada (Schwartz v. Canada, [1993] 2 C.T.C. 2125, 93 D.T.C. 555), which allowed the respondent's appeal against the inclusion in his 1989 taxable income
Joyal, J.:—These consolidated appeals by the appellant against a number of tax reassessments raise a number of factual and legal issues and, in the course of the trial and of later interventions, have caused counsel for the parties and their witnesses to marshal much evidence and considerable argument. After all this, however, the parties will concede that there is not much conflict on the facts and debate centres generally on the application of various income tax rules to these facts.
Hugessen, J.A. (McDonald agreeing):—The question raised by this appeal is whether a transaction which is structured in such a way that it cannot possibly produce a trading profit may nonetheless be an adventure in the nature of trade. More
