Date: 20191205
Docket: A-416-18
Citation: 2019 FCA 303
[ENGLISH TRANSLATION]
| CORAM:
|
NADON J.A.
BOIVIN J.A.
LOCKE J.A.
|
| BETWEEN:
|
| GONUL ERMIS
|
| Appellant
|
| and
|
| HER MAJESTY THE QUEEN
|
| Respondent
|
Heard at Montréal, Quebec, on December 5, 2019.
Judgment delivered from the bench at Montréal, Quebec, on December 5, 2019.
| REASONS FOR JUDGMENT OF THE COURT BY:
|
BOIVIN J.A.
|
Date: 20191205
Docket: A-416-18
Citation: 2019 FCA 303
| CORAM:
|
NADON J.A.
BOIVIN J.A.
LOCKE J.A.
|
| BETWEEN:
|
| GONUL ERMIS
|
| Appellant
|
| and
|
| HER MAJESTY THE QUEEN
|
| Respondent
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on December 5, 2019)
BOIVIN J.A.
[1]
Without commenting on the remarks of the Associate Chief Justice of the Tax Court of Canada (TCC) regarding this Court’s decision in Loates (Loates v. Canada, 2016 FCA 47), we are of the opinion that she made no reviewable error in holding that there was a transfer of property within the meaning of section 325 of the Excise Tax Act, R.S.C. 1985, c. E-15 to the Appellant by her spouse. Furthermore, the evidence in support of the consideration that the Appellant allegedly gave to her spouse appears to us to be clearly insufficient.
[2]
Since we agree with the findings of the Associate Chief Justice of the TCC and we adopt in substance her reasoning, there is no need for us to add anything to her reasons.
[3]
The appeal will therefore be dismissed with costs.
“Richard Boivin”
J.A.
Certified true translation
Erich Klein
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
| Docket:
|
A-416-18
|
||
| STYLE OF CAUSE:
|
GONUL ERMIS v. HER MAJESTY THE QUEEN
|
|
|
| PLACE OF HEARING:
|
Montréal, Quebec
|
||
| DATE OF HEARING:
|
December 5, 2019
|
||
| REASONS FOR JUDGMENT OF THE COURT BY:
|
NADON J.A.
BOIVIN J.A.
LOCKE J.A.
|
||
| DELIVERED FROM THE BENCH BY:
|
BOIVIN J.A.
|
||
APPEARANCES:
| Henri Simon
|
FOR THE APPELLANT
|
| Marie-Pier Lauzon-Raza
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
| SimonLegal, S.A.
Montréal, Quebec
|
FOR THE APPELLANT
|
| Nathalie G. Drouin
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE RESPONDENT
|