Varcoe v. Canada
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Varcoe v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2007-04-18 Neutral citation 2007 FCA 159 File numbers A-497-05 Decision Content Date: 20070418 Docket: A-497-05 Citation: 2007 FCA 159 CORAM: SEXTON J.A. PELLETIER J.A. MALONE J.A. BETWEEN: DONALD VARCOE Appellant and HER MAJESTY THE QUEEN Respondent Heard at Ottawa, Ontario, on April 18, 2007. Judgment delivered from the Bench at Ottawa, Ontario, on April 18, 2007. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Date: 20070418 Docket: A-497-05 Citation: 2007 FCA 159 CORAM: SEXTON J.A. PELLETIER J.A. MALONE J.A. BETWEEN: DONALD VARCOE Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on April 18, 2007) PELLETIER J.A. [1] This appeal and the companion appeal in A-498-05 turn on the Tax Court Judge's finding that the "racing" deductions claimed by Lakeway and Mr. Varcoe were not made for the primary purpose of producing income. That is a finding of fact based upon an assessment of Mr. Varcoe's credibility. [2] There was evidence upon which the Tax Court Judge could come to the conclusion she did. In the circumstances, we are not in a position to intervene, despite Mr. Baril's best efforts. [3] The appeal will be dismissed with one set of costs, with disbursement in both appeals. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-497-05 STYLE OF CAUSE: Donald Varcoe v. Her…
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Varcoe v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2007-04-18 Neutral citation 2007 FCA 159 File numbers A-497-05 Decision Content Date: 20070418 Docket: A-497-05 Citation: 2007 FCA 159 CORAM: SEXTON J.A. PELLETIER J.A. MALONE J.A. BETWEEN: DONALD VARCOE Appellant and HER MAJESTY THE QUEEN Respondent Heard at Ottawa, Ontario, on April 18, 2007. Judgment delivered from the Bench at Ottawa, Ontario, on April 18, 2007. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Date: 20070418 Docket: A-497-05 Citation: 2007 FCA 159 CORAM: SEXTON J.A. PELLETIER J.A. MALONE J.A. BETWEEN: DONALD VARCOE Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on April 18, 2007) PELLETIER J.A. [1] This appeal and the companion appeal in A-498-05 turn on the Tax Court Judge's finding that the "racing" deductions claimed by Lakeway and Mr. Varcoe were not made for the primary purpose of producing income. That is a finding of fact based upon an assessment of Mr. Varcoe's credibility. [2] There was evidence upon which the Tax Court Judge could come to the conclusion she did. In the circumstances, we are not in a position to intervene, despite Mr. Baril's best efforts. [3] The appeal will be dismissed with one set of costs, with disbursement in both appeals. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-497-05 STYLE OF CAUSE: Donald Varcoe v. Her Majesty the Queen PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: April 18, 2007 REASONS FOR JUDGMENT OF THE COURT BY: Sexton, Pelletier, and Malone JJ.A. DELIVERED FROM THE BENCH BY: Pelletier J.A. APPEARANCES: François Baril FOR THE APPELLANT Bobby Sood FOR THE RESPONDENT SOLICITORS OF RECORD: Gowling Lafleur Henderson LLP Ottawa, Ontario FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca
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