A-286-96
| CORAM: STRAYER, J.A. |
ROBERTSON, J.A.
McDONALD, J.A.
B E T W E E N:
DAN BROWN,
Applicant,
-and-
HER MAJESTY THE QUEEN,
Respondent.
HEARD at Toronto, Ontario, on Friday, March 21, 1997.
JUDGMENT delivered from the Bench at Toronto, Ontario, on Friday, March 21, 1997.
REASONS FOR JUDGMENT BY: McDONALD, J.A.
A-286-96
| CORAM: STRAYER, J.A. |
ROBERTSON, J.A.
McDONALD, J.A.
B E T W E E N:
DAN BROWN,
Applicant,
-and-
HER MAJESTY THE QUEEN,
Respondent.
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto,
Ontario, on Friday, March 21, 1997)
McDONALD, J.A.:
The issue on this application for judicial review is whether the Tax Court judge erred in concluding that the applicant's racing operation was not a business carried on with a reasonable expectation of profit for the 1990, 1991, and 1992 taxation years. In spite of the able argument of counsel, we have not been persuaded that the Tax Court Judge made any reviewable error in reaching the conclusions that he did.
As he held, in are view correctly "the subjective hopes of commercial success of this applicant, made no doubt in good faith, are of themselves insufficient to confer upon this venture a reasonable expectation of profit".
We believe that the test in Muldowan was correctly invoked and applied by the Tax Court Judge and accordingly the application for judicial review is dismissed.
"F.J. McDonald"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-286-96
STYLE OF CAUSE: DAN BROWN
- and -
| HER MAJESTY THE QUEEN |
DATE OF HEARING: MARCH 21, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: McDONALD, J. A.
Delivered from the Bench at Toronto, Ontario
on Friday, March 21, 1997
APPEARANCES:
Mr. Richard E. Anka, Q.C.
For the Applicant
Ms. Donna A. Dorosh
For the Respondent
SOLICITORS OF RECORD:
Brans, Lehun, Baldwin & Champagne
1701-120 Adelaide Street West
Toronto, Ontario
M5H 1T1
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: A-286-96
Between:
DAN BROWN
Applicant
- and -
| HER MAJESTY THE QUEEN |
Respondent
REASONS FOR JUDGMENT