The Minister of Finance appealed a decision vacating a land transfer tax assessment against Upper Valley Dodge Chrysler Limited.
The sole shareholder of the corporation had transferred land to the corporation and claimed an exemption under s. 3(1) of Regulation 697, which applies to transfers from an 'individual' to a 'family business corporation'.
The Minister argued the corporation could not be an 'individual' or 'operator' under the strict wording of the regulation.
The Divisional Court dismissed the appeal, applying a purposive approach to statutory interpretation to find that the transfer fell within the intended scope of the family business exemption.
