Joyal J.:-The plaintiff is appealing a decision of the Tax Court of Canada rendered on December 17, 1987, wherein it allowed the defendant’s appeal to the extent that the limitative provisions of subsection 31(1) of the Income Tax Act, R.S.C. 1952, c. 148 (am. S.C. 1970-71-72, c. 63) (the "Act”) did not apply to the defendant for its 1982 taxation year. The case before this Court now proceeds by way of a trial de novo.
Rothstein J.:—
Rouleau J.:-This is an appeal from a decision of the Minister of National Revenue’s assessment wherein it was determined that payments received under a "wage loss replacement plan" were taxable as income.
Tremblay-Lamer J.:-This is a motion to certify a class for a class action suit. The action itself is based on the ruling of the Federal Court of Appeal in Thibaudeau v. Canada. [1994] 2 C.T.C. 4, 94 D.T.C. 6230 (since reversed by the Supreme Court: [1995] 1 C.T.C. 382, 95 D.T.C. 5273). In that decision, the Court of Appeal found that a provision of the Income Tax Act, R.S.C. 1985 (5th Supp.), c.
Marceau J.A.:-I have had the advantage of reading the reasons for judgment prepared by my brother McDonald. Unfortunately, my analysis of the legal principles applicable to the facts of this case does not lead me to the conclusion which he has
Simpson J.:-On December 16, 1982, Revenue Canada assessed the Canadian Imperial Bank of Commerce (the ”CIBC”) in the amount of $243,440.69 pursuant to section 153 of the Income Tax Act, R.S.C. 1952, c. 148 (am. S.C. 1970-71-72, c.
MacGuigan J.A.:-This case, dealing with an income tax assessment for 1980, began before the Tax Court, where the appellant disputed the Minister of National Revenue’s determination for capital gains purposes of the fair market value of $100 an acre as at
Stone J.A.:-I too have come to the conclusion that this appeal should be allowed but do so to an extent by a somewhat different route.
McDonald J.A.:-This is an application under section 28 of the Federal Court Act, R.S.C. 1985, c. F-7, for judicial review of an order of the Tax Court of Canada. [1] The Minister of National Revenue (the "Minister”)
Chevalier D.J.: — Between 1977 and 1979 David, Cindy and Brian Ludmer (the “Ludmers”) and Ludco Enterprises Ltd. (“Ludco”) bought shares in companies having their headquarters outside Canada. They obtained loans to pay for these shares. In their tax
