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Date: 20060124

Docket: A-241-05

Citation: 2006 FCA 28

CORAM:        DÉCARY J.A.

                        ROTHSTEIN J.A.

                        SHARLOW J.A.

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

PETER AU

Respondent

Heard at Ottawa, Ontario, on January 24, 2006.

Judgment delivered from the Bench at Ottawa, Ontario, on January 24, 2006.

REASONS FOR JUDGMENT OF THE COURT BY:                                            SHARLOW J.A.            


Date: 20060124

Docket: A-241-05

Citation: 2006 FCA 28

CORAM:        DÉCARY J.A.

                        ROTHSTEIN J.A.

                        SHARLOW J.A.

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

PETER AU

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on January 24, 2006)

SHARLOW J.A.

[1]                We are all of the view that this appeal must be dismissed. It was reasonably open to the Tax Court Judge, based on the evidence before him, to conclude that the payment made to the respondent was not a payment made in respect of the respondent's employment, so as to bring it within section 5 or section 6 of the Income Tax Act. Nor have we detected any error of law in the reasons for decision.

[2]                This appeal will be dismissed with costs.

                                                                                                                 "K. Sharlow"

J.A.

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           A-241-05

Appeal from a Judgment of the Tax Court of Canada dated April 29, 2005.

STYLE OF CAUSE:                         HER MAJESTY THE QUEEN

                                                                                                                                              Appellant

                                                                                                            v.

                                                                                               

                                                            PETER AU

                                                                                                                  Respondent

PLACE OF HEARING:                     OTTAWA, ONTARIO

DATE OF HEARING:                       JANUARY 24, 2006

REASONS FOR JUDGMENT

OF THE COURT:                               (DÉCARY, ROTHSTEIN, SHARLOW JJ.A.)

           

DELIVERED FROM THE BENCH BY:                 SHARLOW J.A.

DATED:                                              JANUARY 24, 2006

APPEARANCES:

Mr. John Bodurtha

Mr. Cecil Woon                                    For the Appellant                                  

Mr. Roger Taylor

Ms. Michelle Anderson              For the Respondent

SOLICITORS OF RECORD:

John H. Sims, Q.C.                              

Deputy Attorney General of Canada

Ottawa, Ontario                                   For the Appellant

Couzin Taylor

Ottawa, Ontario                                    For the Respondent

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