Date: 20050127
Docket: A-311-04
Citation: 2005 FCA 44
CORAM: DÉCARY J.A.
BETWEEN:
INCO LIMITED
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Heard at Vancouver, British Columbia, on January 27, 2005.
Judgment delivered from the bench at Vancouver, British Columbia on January 27, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A.
Date: 20050127
Docket: A-311-04
Citation: 2005 FCA 44
CORAM: DÉCARY J.A.
BETWEEN:
INCO LIMITED
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
[1] In spite of Mr. Mitchell's attractively brief but most able and incisive arguments, we are unable to hold that the Tax Court Judge erred either in his decision dated May 31, 2004 or in his reasons given for his interpretation of the loss determination provisions of section 152 of the Income Tax Act.
[2] The appeal will be dismissed with costs.
"J. EDGAR SEXTON"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-311-04
STYLE OF CAUSE: Inco Limited v. Her Majesty the Queen
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: January 27, 2004
REASONS FOR JUDGMENT
OF THE COURT : SEXTON, J.A.
DATED: January 27, 2004
APPEARANCES:
Mr. Warren J.A. Mitchell, Q.C. FOR THE APPELLANT
Mr. Michael Colborne
Mr. L.P. Chambers, Q.C. FOR THE RESPONDENT
Ms. Rohnda Nahorniak
SOLICITORS OF RECORD:
Thorsteinssons FOR THE APPLICANT
Toronto, Ontario
John H. Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General for Canada