Desjardins J.A.:
1 This application for judicial review raises the issue of whether the mortgage interest charges on the respondent's old residence constitute moving expenses within the meaning of section 62 of the Income Tax Act (“the Act”).
Richard J.:
1 The moving party, the respondent Minister of National Revenue, seeks an order striking out the originating notice of motion and dismissing the within proceeding for want of jurisdiction, lack of standing, prematurity and abuse of the process of this Court.
O'Connor T.C.J.:
1 The issue is whether the Appellant in 1991 and 1992 is entitled to deductions of the entire amounts of certain business losses from his involvement in a business of buying and selling Arabian horses or must his losses be restricted to the limited amounts provided for in subsection 31(1) of the Income Tax Act (Act), as contended by the Minister of National Revenue (Minister).
Tardif T.C.J.:
1 The appellant opted for the informal procedure for his appeal from assessments for the 1986, 1987, 1988 and 1989 taxation years. The Reply to the Notice of Appeal states the points at issue as follows:
[TRANSLATION]
(a) whether the appellant declared all her income for the 1986, 1987, 1988 and 1989 taxation years;
(b) whether the Minister was justified in assessing the appellant as he did for the 1986, 1987, 1988 and 1989 taxation years;
Per Curiam:
Rowe T.C.J.:
1 The Appellant appealed with respect to his 1995 taxation year. The Appellant filed his return of income for the 1995 taxation year, reporting income from employment and registered retirement savings plan income, then calculated his non-refundable tax credit and a carrying charge and interest expense of $58.85, and calculated thereafter his net federal tax owing in the sum of $6,534.06.
Brulé T.C.J.:
1 These appeals, heard on common evidence, result from reassessments by the Minister of National Revenue (the “Minister”) wherein he disallowed the treatment of profits from four properties sold by the male Appellants and two of the four from the appellants' spouses.
Bonner T.C.J.:
Guenette Reg.:
1 This taxation came on for hearing by means of a telephone conference call on December 9, 1997. It follows the judgment of the Honourable Judge Sarchuk, dated January 14, 1997, who allowed the appeal “... with costs, to be taxed, ....”. Also at issue were the costs awarded to the Appellant in an order of the Honourable Judge Mogan dated October 31, 1996, following an application made by the Respondent under section 174 of the Income Tax Act.
