Federal Court of Appeal |
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Cour d'appel fédérale |
BETWEEN:
and
Heard at Winnipeg, Manitoba, on November 17, 2011.
Judgment delivered from the Bench at Winnipeg, Manitoba, on November 17, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Date: 20111117
Docket: A-349-10
Citation: 2011 FCA 330
CORAM: EVANS J.A.
PELLETIER J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
Gregory Welch
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Reissued
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Winnipeg, Manitoba, on November 17, 2011)
[1] Despite Mr. Fleetwood’s able presentation, we are unable to find that the Tax Court Judge committed a palpable and overriding error in failing to reduce the appellant’s income by the amounts of $12,500 and $28,000 for the 2003 and 2004 tax years. In our view, there was evidence, in the form of the invoices submitted by the appellant to Cactus Cowboys, to support the Tax Court Judge’s conclusion. The evidence to the contrary was Mr. Welch’s oral testimony, which the Tax Court Judge found was generally not credible. To the extent that the Tax Court Judge’s conclusion rests on inferences Housen v. Nikolaisen, [2002] 2 SCR 235, is authority for the proposition that palpable and overriding error is the standard of review for both findings of fact and inferences of fact.
[2] The appeal will therefore be dismissed with costs.
"J.D. Denis Pelletier"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-349-10
(APPEAL FROM A JUDGMENT OF THE HONOURABLE D’ARCY. J. OF THE TAX COURT OF CANADA DATED AUGUST 27, 2010, DOCKET NO. 2008-1387)
STYLE OF CAUSE: GREGORY WELCH v. HER MAJESTY THE QUEEN
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: November 17, 2011
REASONS FOR JUDGMENT OF THE COURT BY: EVANS, PELLETIER & LAYDEN-STEVENSON
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
Melissa Burkett
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FOR THE APPELLANT
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Brooke Sittler |
FOR THE RESPONDENT
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SOLICITORS OF RECORD:
FOR THE APPELLANT
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Deputy Attorney General of Canada |
FOR THE RESPONDENT
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