Date: 20040616
Docket: A-440-03
Citation: 2004 FCA 236
CORAM: RICHARD C.J.
BETWEEN:
JEAN-LUC BERNIER
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on June 16, 2004.
Judgment delivered from the bench at Montréal, Quebec, on June 16, 2004.
REASONS FOR JUDGMENT OF THE COURT: NOËL J.A.
Date: 20040616
Docket: A-440-03
Citation: 2004 FCA 236
CORAM: RICHARD C.J.
BETWEEN:
JEAN-LUC BERNIER
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on June 16, 2004)
[1] Fortin v. Québec (sous-ministre du revenu) (LQ) [1999] R.D.F.Q. 175, on which the appellant relies, does not in any way establish that the investment that he sold to his clients was not a "tax shelter" within the meaning of subsection 237.1(1) of the Income Tax Act. That decision does establish, however, that the investor in question in that matter had been manipulated and that his investment did not even give rise to a reasonable expectation of profit.
[2] In our opinion, the Tax Court of Canada judge did not err in determining that the investment that the appellant proposed to his clients was a tax shelter. It is also our view that she did not err in upholding the penalty provided under subsection 162(9) of the Act, either.
[3] The appeal shall be dismissed with costs.
"Marc Noël"
J.A.
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-440-03
STYLE OF CAUSE: JEAN-LUC BERNIER
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 16, 2004
REASONS FOR JUDGMENT OF THE : (RICHARD C.J.,
DÉCARY, NOËL JJ.A.)
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
|
FOR THE APPELLANT |
|
Anne-Marie Boutin |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Jean-Luc Bernier Brossard, Quebec |
FOR THE APPELLANT |
|
Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT |