Black v. Canada

Black v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2014-11-26
Neutral citation
2014 FCA 275
File numbers
A-70-14
Decision Content
Date: 20141126
Docket: A-70-14
Citation: 2014 FCA 275
CORAM:
DAWSON J.A.
STRATAS J.A.
NEAR J.A.
BETWEEN:
CONRAD M. BLACK
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Heard at Toronto, Ontario, on November 26, 2014.
Judgment delivered from the Bench at Toronto, Ontario, on November 26, 2014.
REASONS FOR JUDGMENT OF THE COURT BY:
DAWSON J.A.
Date: 20141126
Docket: A-70-14
Citation: 2014 FCA 275
CORAM:
DAWSON J.A.
STRATAS J.A.
NEAR J.A.
BETWEEN:
CONRAD M. BLACK
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on November 26, 2014)
DAWSON J.A.
[1] In thoughtful and comprehensive reasons cited as 2014 TCC 12, Chief Justice Rip of the Tax Court of Canada determined that the Minister of National Revenue may assess tax against the appellant in respect of certain specifically enumerated items of income on the basis that the appellant was a resident of Canada for the purposes of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (Act).
[2] This is an appeal from that decision.
[3] Two issues are raised in this appeal. The primary issue is whether the Tax Court correctly determined that although the appellant was deemed to be a resident of the United Kingdom under the Canada-United Kingdom Tax Convention (1978) (Convention), the Minister could assess tax on the basis that the appellant was a resident of Canada for the purposes of the Act.
[4] The second issue is whether the Tax Court correctly determined that Article 27(2) of the Convention applied so as to permit the Minister to tax the appellant's non-United Kingdom income, not just the appellant's income that arose in Canada.
[5] In our view, Chief Justice Rip made no error in his interpretation of the Convention. We reach this conclusion substantially for the reasons given by him.
[6] It follows that the appeal will be dismissed with costs in this Court
“Eleanor R. Dawson”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-70-14
APPEAL FROM AN ORDER OF THE HONOURABLE MR. CHIEF JUSTICE RIP OF THE TAX COURT OF CANADA, DATED JANUARY 14, 2014 IN FILE NO. 2008-2896(IT)G.
STYLE OF CAUSE:
CONRAD M. BLACK v. HER MAJESTY THE QUEEN
PLACE OF HEARING:
Toronto, Ontario
DATE OF HEARING:
November 26, 2014
REASONS FOR JUDGMENT OF THE COURT BY:
DAWSON J.A.
STRATAS J.A.
NEAR J.A.
DELIVERED FROM THE BENCH BY:
DAWSON J.A.
APPEARANCES:
David C. Nathanson
Adrienne Woodyard
For The Appellant
Arnold H. Bornstein
Diana Aird
For The RESPONDENT
SOLICITORS OF RECORD:
Davis LLP
Toronto, Ontario
For The Appellant
William F. Pentney
Deputy Attorney General of Canada
For The respondent