Federal Court of Appeal Decisions

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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

 

 

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