Shery v. Canada
Court headnote
Shery v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2001-03-14 Neutral citation 2001 FCA 61 File numbers A-492-99 Decision Content Date: 20010314 Docket: A-492-99 Neutral citation: 2001 FCA 61 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: DOLORES SHERRY Appellant - and - HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, Wednesday, March 14, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Wednesday, March 14, 2001 REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20010314 Docket: A-492-99 Neutral citation: 2001 FCA 61 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: DOLORES SHERRY Appellant - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Wednesday, March 14, 2001) SHARLOW J.A. _. This is an appeal from the decision of a Tax Court Judge that certain rental losses claimed by the Appellant in 1989, 1990, 1991, 1992, 1993 and 1994 were not deductible because there was no reasonable expectation of profit. The properties were highly leveraged so that most of the losses were the result of interest costs far in excess of rents. Before the Tax Court Judge, the Appellant attempted to explain why the rents were lower than she had anticipated, but he found that her explanations were unsubstantiated. Given the record before the Tax Court Judge, we are unable to conclude that he erred in law. For that reason, this appeal must be dismissed. "Karen…
Read full judgment
Shery v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2001-03-14 Neutral citation 2001 FCA 61 File numbers A-492-99 Decision Content Date: 20010314 Docket: A-492-99 Neutral citation: 2001 FCA 61 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: DOLORES SHERRY Appellant - and - HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, Wednesday, March 14, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Wednesday, March 14, 2001 REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20010314 Docket: A-492-99 Neutral citation: 2001 FCA 61 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: DOLORES SHERRY Appellant - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Wednesday, March 14, 2001) SHARLOW J.A. _. This is an appeal from the decision of a Tax Court Judge that certain rental losses claimed by the Appellant in 1989, 1990, 1991, 1992, 1993 and 1994 were not deductible because there was no reasonable expectation of profit. The properties were highly leveraged so that most of the losses were the result of interest costs far in excess of rents. Before the Tax Court Judge, the Appellant attempted to explain why the rents were lower than she had anticipated, but he found that her explanations were unsubstantiated. Given the record before the Tax Court Judge, we are unable to conclude that he erred in law. For that reason, this appeal must be dismissed. "Karen R. Sharlow" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-492-99 STYLE OF CAUSE: DOLORES SHERRY Appellant - and - HER MAJESTY THE QUEEN Respondent DATE OF HEARING: WEDNESDAY, MARCH 14, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Delivered from the Bench at Toronto, Ontario on Wednesday, March 14, 2001 APPEARANCES BY: Ms. Dolores Sherry For the Appellant on her own behalf Ms. Carol Calabrese For the Respondent SOLICITORS OF RECORD: Dolores Sherry 151 Glendonwynne Road Toronto, Ontario M6P 3E8 For the Appellant on her own behalf Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20010314 Docket: A-492-99 BETWEEN: DOLORES SHERRY Appellant - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT
Source: decisions.fca-caf.gc.ca