Boucher v. The Queen

Boucher v. The Queen

Applying s.122.6 and the regulatory criteria in s.6302 to the facts and the superior court order, the judge found the children resided primarily with the father and he had the final decision‑making authority; the handwritten note was insufficient to alter the court order or demonstrate the appellant was the eligible...

Source-derived case information.

Citation
2006 TCC 62
Parties
Appellant: Chantal Boucher; Respondent: Her Majesty the Queen
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
6 December 2005
Procedural Posture
Income Tax Appeal (child Benefits) / Decision (oral)
Outcome
Appeal dismissed
Legal Topics
Child Tax Benefit Entitlement, Eligible Individual Under S.122.6, Residence and Custody Determinations, Application of Income Tax Regulations S.6302
Source Language
fr
Tax Law Family Law Child Tax Benefit Entitlement Eligible Individual Under S.122.6 Residence and Custody Determinations Application of Income Tax Regulations S.6302

Source-derived case record

Summary, issues, holding and outcome

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Parties

Chantal Boucher

Appellant

Her Majesty the Queen

Respondent

Procedural Posture

Income Tax Appeal (child Benefits) / Decision (oral)

  1. 1 Whether the appellant was the eligible individual for child tax benefits for the base years 2000–2002 for the period April 2002–February 2004
  2. 2 How the statutory definition of 'eligible individual' in s.122.6 and the regulatory criteria in s.6302 apply given a superior court custody/residence order
  3. 3 Whether a handwritten note from the father could override or alter the court order or the minister's assessment

Ratio Decidendi

Applying s.122.6 and the regulatory criteria in s.6302 to the facts and the superior court order, the judge found the children resided primarily with the father and he had the final decision‑making authority; the handwritten note was insufficient to alter the court order or demonstrate the appellant was the eligible individual. Therefore the minister's assessment that the father was the eligible individual after February 2002 was correct and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; minister's assessment confirmed