Tremblay-Lamer J.:
1 The Applicant seeks an Order of mandamus compelling the Respondent to issue to her, pursuant to subsection 152(1.1) of the Income Tax Act (Canada),[FN1: <p>R.S.C. 1952, c. 148, as amended.</p>] a Notice of Determination of Loss for her 1987 taxation year in an amount not less than $260,460.
Tremblay T.C.J.:
Linden J.A.:
1 The question to be decided on this appeal is whether a sophisticated financing plan to obtain for Shell Canada Ltd. (Shell) 100 million U.S. dollars, (US$) utilizing a “Kiwi” loan and certain hedging transactions, has succeeded in reducing the tax that otherwise would be payable.
Stone J.A.:
1 The appellant, a corporation without share capital, was incorporated under the laws of Ontario by Letters Patent dated September 11, 1985, for the following purposes:
(a) To educate the public and encourage an awareness and understanding of social justice conditions;
(b) To interact with local development and justice organizations as well as churches and missions to further such educational programs.
Rip T.C.J.:
1 Alexander Stahl has applied for an order extending the time within which he may file with the Tax Court of Canada a Notice of Appeal in respect of a reassessment dated April 15, 1996 for the 1992 taxation year under subsection 227(10) of the Income Tax Act (“Act”).
Guenette Reg.:
1 This taxation came on for hearing by means of a telephone conference call on November 28, 1997. It follows a judgment of the Honourable Judge O'Connor, dated June 13, 1997, who allowed the appeal with costs. The Appellant represented himself, and the Respondent was represented by Mrs. Sanjana Bhatia.
2 The only item on the Appellant's Bill of Costs is a claim for:D. Other disbursements: $6,955 (supporting invoice attached).
McGillis J.:
Giles A.S.P.:
Teskey T.C.J.:
1 The Appellant in his Notice of Appeal, wherein he appeals his 1990, 1991 and 1992 assessment of income tax, elected the informal procedure.
2 The sole issue herein is whether F.D.I. Financial Development Inc. (“F.D.I.”), was the beneficial owner of certain rental properties or does it hold a one-half interest in the title to these properties in trust for, or as agent for, the Appellant herein.
Watson D.J.T.C.:
1 This appeal was heard in Belleville, Ontario, on June 6, 1997 under the Informal Procedure.
