COURT OF APPEAL FOR ONTARIO
RE:
THE ATTORNEY GENERAL OF CANADA (Plaintiff/Respondent) v. COMMUNITY EXPANSION INC., 930943 ONTARIO LIMITED, 798894 ONTARIO LIMITED, HANMAR CORPORATION and 1148346 ONTARIO LIMITED (Defendants/Appellants)
BEFORE:
DOHERTY, BORINS and SHARPE JJ.A.
COUNSEL:
Michael A. van Bodegom
for the appellants
Peter A. Vita, Kevin Dias and P. Tamara Sugunasiri
for the respondent
HEARD & ENDORSED:
January 21, 2005
On appeal from the judgment of Justice R.D. Reilly of the Superior Court of Justice dated April 13, 2004.
A P P E A L B O O K E N D O R S E M E N T
1We are in substantial agreement with the reasons of Reilly J. both as they relate to the interpretation of the relevant provisions of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) and the interpretation of First Vancouver Finance v. Canada, 2002 SCC 49, [2002] 2 S.C.R. 720.
2The appeal is dismissed.
3Costs to the respondent in the amount of $8,000.00, inclusive of disbursements and GST.