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Date: 20060214

Docket: A-707-04

Citation: 2006 FCA 71

CORAM:        DÉCARY J.A.

                        LÉTOURNEAU J.A.             

                        SEXTON J.A.

BETWEEN:

ORA P. HARKINS

Appellant

and

HER MAJESTY THE QUEEN

Respondent

Heard at Halifax, Nova Scotia, on February 14, 2006.

Judgment delivered from the Bench at Halifax, Nova Scotia, on February 14, 2006.

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


Date: 20060214

Docket: A-707-04

Citation: 2006 FCA 71

CORAM:        DÉCARY J.A.

                        LÉTOURNEAU J.A.             

                        SEXTON J.A.

BETWEEN:

ORA P. HARKINS

Appellant

and

HER MAJESTY THE QUEEN

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Halifax, Nova Scotia, on February 14, 2006)

[1] We cannot see any palpable and overriding error in the conclusions of fact and inferences of fact made by the Tax Court judge regarding the time at which the written separation agreement was signed.

[2] As for the grounds of appeal raised by the appellant, we have not been convinced that they are founded or sufficiently meritorious to warrant our intervention.

[3] The appeal will be dismissed with costs.

"Gilles Létourneau"

J.A.


FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:        A-707-04

STYLE OF CAUSE:     ORA P. HARKINS v. HER MAJESTY THE QUEEN

PLACE OF HEARING:            HALIFAX, NOVA SCOTIA

DATE OF HEARING: FEBRUARY 14, 2006

REASONS FOR JUDGMENT OF THE COURT BY:             DÉCARY, LÉTOURNEAU, SEXTON JJ.A.

DELIVERED FROM THE BENCH BY:          LÉTOURNEAU J.A.

APPEARANCES:

Matthew J. D. Moir

FOR THE APPELLANT

Cecil S. Woon

Catherine McIntyre

FOR THE RESPONDENT

SOLICITORS OF RECORD:

Weldon McInnis

Dartmouth, Nova Scotia

FOR THE APPELLANT

John H. Sims Q.C.

Deputy Attorney General of Canada

FOR THE RESPONDENT

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