Roger Dubois inc. v. Canada
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Roger Dubois inc. v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2015-10-28 Neutral citation 2015 FCA 235 File numbers A-55-14 Decision Content Date: 20151028 Docket: A-55-14 Citation: 2015 FCA 235 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: ROGER DUBOIS INC. Appellant and HER MAJESTY THE QUEEN Respondent Heard at Montréal, Quebec, on October 28, 2015. Judgment delivered from the bench at Montréal, Quebec, on October 28, 2015. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20151028 Docket: A-55-14 Citation: 2015 FCA 235 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: ROGER DUBOIS INC. Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on October 28, 2015.) NADON J.A. [1] This is an appeal from a decision by Justice Jorré of the Tax Court of Canada (2009-3024(IT)G) dated December 20, 2013, allowing the appellant’s appeal with regard to the reassessments made for the 2002, 2003 and 2004 taxation years and referring the matter back to the Minister of National Revenue for reconsideration and reassessment on the basis that the appellant could claim capital cost allowance for a Sartory bow, but not for the other musical instruments for which the appellant claimed such allowance. [2] Although we cannot fully endorse the judge’s reasons, we are of the opinion that the appellant was unable to demonstrate that the judge erred in law in concluding as he did. [3] The appeal w…
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Roger Dubois inc. v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2015-10-28 Neutral citation 2015 FCA 235 File numbers A-55-14 Decision Content Date: 20151028 Docket: A-55-14 Citation: 2015 FCA 235 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: ROGER DUBOIS INC. Appellant and HER MAJESTY THE QUEEN Respondent Heard at Montréal, Quebec, on October 28, 2015. Judgment delivered from the bench at Montréal, Quebec, on October 28, 2015. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20151028 Docket: A-55-14 Citation: 2015 FCA 235 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: ROGER DUBOIS INC. Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on October 28, 2015.) NADON J.A. [1] This is an appeal from a decision by Justice Jorré of the Tax Court of Canada (2009-3024(IT)G) dated December 20, 2013, allowing the appellant’s appeal with regard to the reassessments made for the 2002, 2003 and 2004 taxation years and referring the matter back to the Minister of National Revenue for reconsideration and reassessment on the basis that the appellant could claim capital cost allowance for a Sartory bow, but not for the other musical instruments for which the appellant claimed such allowance. [2] Although we cannot fully endorse the judge’s reasons, we are of the opinion that the appellant was unable to demonstrate that the judge erred in law in concluding as he did. [3] The appeal will therefore be dismissed with costs. “Marc Nadon” J.A. Certified true translation Erich Klein FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-55-14 STYLE OF CAUSE: ROGER DUBOIS INC. v. HER MAJESTY THE QUEEN PLACE OF HEARING: Montréal, QuEbec DATE OF HEARING: octobER 28, 2015 REASONS FOR JUDGMENT OF the COURT BY: NADON J.A. TRUDEL J.A. SCOTT J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Emmanuelle Campeau Paul Ryan FOR THE APPELLANT Martin Lamoureux FOR THE RESPoNDENT SOLICITORS OF RECORD: Ravinsky, Ryan, Lemoine LLP Montréal, Quebec FOR THE APPELLANT William F. Pentney Deputy Attorney General of Canada FOR the RESPONDENT
Source: decisions.fca-caf.gc.ca
Quebec (Attorney General) v A
[2013] 1 SCR 61