Beaulieu c. Canada

Beaulieu c. Canada

The Federal Court of Appeal upheld the Tax Court's factual finding that the appellant did not assume the mortgages and therefore received a taxable benefit under s.15(1); the 2017 resale does not eliminate the 2013 taxable benefit; the Tax Court committed no reviewable legal error and the late-filing penalty under...

Source-derived case information.

Citation
2025 CAF 90
Parties
Appellant: Catherine Beaulieu; Respondent: Her Majesty the King (Canada)
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
1 May 2025
Procedural Posture
Tax Assessment Appeal (income Tax Act) / Appeal Judgment (federal Court of Appeal)
Outcome
Appeal dismissed with costs
Legal Topics
Income Inclusion Under S.15(1), Late Filing Penalty (s.162(1)), Consideration for Transfer of Property, Standard of Review on Appeal, Evidence and Credibility Assessment
Source Language
fr
Tax Law Administrative Law Civil Law (quebec) Income Inclusion Under S.15(1) Late Filing Penalty (s.162(1)) Consideration for Transfer of Property Standard of Review on Appeal Evidence and Credibility Assessment

Source-derived case record

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Parties

Catherine Beaulieu

Appellant

Her Majesty the King (Canada)

Respondent

Procedural Posture

Tax Assessment Appeal (income Tax Act) / Appeal Judgment (federal Court of Appeal)

  1. 1 Whether the 2013 transfer of property to the appellant resulted in a taxable benefit under s.15(1) of the Income Tax Act
  2. 2 Whether the appellant provided consideration by assuming mortgages encumbering the property
  3. 3 Whether the Tax Court of Canada committed reviewable legal errors or palpable and overriding errors of fact

Ratio Decidendi

The Federal Court of Appeal upheld the Tax Court's factual finding that the appellant did not assume the mortgages and therefore received a taxable benefit under s.15(1); the 2017 resale does not eliminate the 2013 taxable benefit; the Tax Court committed no reviewable legal error and the late-filing penalty under s.162(1) was properly imposed, so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Decision of the Tax Court of Canada (Ottawa 2022-2001(IT)G) affirmed