Dimension J.M.M. Inc. v. Canada, (2005) 348 N.R. 108 (FCA)
Judge | Décary, Létourneau and Pelletier, JJ.A. |
Court | Federal Court of Appeal (Canada) |
Case Date | May 03, 2005 |
Jurisdiction | Canada (Federal) |
Citations | (2005), 348 N.R. 108 (FCA);2005 FCA 168 |
Dimension JMM Inc. v. Can. (2005), 348 N.R. 108 (FCA)
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[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
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Temp. Cite: [2005] N.R. TBEd. MY.027
Dimension J.M.M. Inc. (demanderesse/appelante) v. Sa Majesté La Reine (défenderesse/intimée)
(A-231-04)
Charles Beaupré (demandeur/appelant) v. Sa Majesté La Reine (défenderesse/intimée)
(A-230-04; 2005 FCA 168; 2005 CAF 168)
Indexed As: Dimension J.M.M. Inc. v. Canada
Federal Court of Appeal
Décary, Létourneau and Pelletier, JJ.A.
May 10, 2005.
Summary:
The appellants appealed a decision of a tax court judge respecting his interpretation of s. 153(4) of the Excise Tax Act which dealt with the payment of GST when a supplier accepted used tangible property on a trade-in.
The Federal Court of Appeal dismissed the appeal.
Sales and Service Taxes - Topic 4933
Goods and services tax (incl. harmonized sales tax) - Taxable goods and services - Consideration - Used tangible personal property trade-ins - A client returned tangible personal property that he had purchased to the supplier - The supplier gave the client a credit note for the future purchase of tangible personal property - The supplier sought to apply s. 153(4) of the Excise Tax Act which dealt with the payment of GST when a supplier accepted used tangible property on a trade-in (i.e., tax the difference between the selling price and trade-in price) - The Federal Court of Appeal held that the Act stipulated that the supplier was required, at the time of the trade-in by the client, to supply designated or identified tangible personal property that the client purchased or had undertaken to purchase - The supplier's credit note, supported by an undertaking to honour it, was not sufficient to meet the requirements of the Act - See paragraphs 1 to 9.
Cases Noticed:
Nova Scotia (Minister of Finance) v. McCurdy (2001), 192 N.S.R.(2d) 225; 599 A.P.R. 225 (C.A.), dist. [para. 4].
Nova Scotia (Attorney General) v. Oxner (1993), 121 N.S.R.(2d) 237; 335 A.P.R. 237; [1993] 5028 E.T.C. (C.A.), dist. [para. 4].
Robinson Plymouth Chrysler Ltd. v. Nova Scotia (Minister of Finance) (1998), 173 N.S.R.(2d) 261; 527 A.P.R. 261 (C.A.), dist. [para. 4].
Minister of National Revenue v. Riendeau (1991), 132 N.R. 157 (F.C.A.), refd to. [para. 12].
Simard-Beaudry Inc. v. Minister of National Revenue (1971), 71 D.T.C. 5511 (F.C.T.D.), refd to. [para. 12].
Statutes Noticed:
Excise Tax Act, R.S.C. 1985, c. E-15, sect. 153(4) [para. 2].
Counsel:
Richard Généreux, for the appellant;
Louis Cliche, for the respondent.
Solicitors of Record:
Généreux Côté, Drummondville, Quebec, for the appellant;
Veillette Larivière, Sainte-Foy, Quebec, for the respondent.
These appeals were heard at Montreal, Quebec, on May 3, 2005, before Décary, Létourneau and Pelletier, JJ.A., of the Federal Court of Appeal. Létourneau, J.A., released the following reasons for judgment for the court on May 10, 2005.
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