Cridge v. Canada
The appellant failed to demonstrate that the Income Tax Act was unconstitutional or that the Tax Court judge erred; accordingly the reassessment disallowing the claimed deductions and bad debt allowance was upheld and the appeal dismissed.
Source-derived case information.
- Citation
- 2016 FCA 87
- Parties
- Appellant: Lovey Cridge; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2016
- Procedural Posture
- Tax Appeal (reassessment Under Income Tax Act) / Decision on Appeal to the Federal Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Reassessment, Deductibility of Expenses, Bad Debt Allowance, Constitutional Validity of Statute, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lovey Cridge
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Tax Appeal (reassessment Under Income Tax Act) / Decision on Appeal to the Federal Court of Appeal
Legal Issues
- 1 Whether the Income Tax Act is constitutional such that the reassessment is valid
- 2 Whether the Tax Court judge erred in dismissing the appeal regarding disallowed deductions and a bad debt allowance
Ratio Decidendi
The appellant failed to demonstrate that the Income Tax Act was unconstitutional or that the Tax Court judge erred; accordingly the reassessment disallowing the claimed deductions and bad debt allowance was upheld and the appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs awarded to the respondent in the amount of $500 inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Cridge v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2016-03-15 Neutral citation 2016 FCA 87 File numbers A-189-15 Decision Content Date: 20160315 Docket: A-189-15 Citation: 2016 FCA 87 CORAM: RYER J.A. NEAR J.A. BOIVIN J.A. BETWEEN: LOVEY CRIDGE Appellant and HER MAJESTY THE QUEEN Respondent Heard at Vancouver, British Columbia, on March 15, 2016. Judgment delivered from the Bench at Vancouver, British Columbia, on March 15, 2016. REASONS FOR JUDGMENT OF THE COURT BY: RYER J.A. Date: 20160315 Docket: A-189-15 Citation: 2016 FCA 87 CORAM: RYER J.A. NEAR J.A. BOIVIN J.A. BETWEEN: LOVEY CRIDGE Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on March 15, 2016). RYER J.A. [1] This is an appeal from a decision of Deputy Judge Rowe of the Tax Court of Canada (the "Judge"), dated March 20, 2015, in Docket 2014-613(IT)I, dismissing an appeal by Ms. Lovey Cridge (the "Taxpayer") from a reassessment, dated December 17, 2012, made by the Minister of National Revenue (the "Minister"), pursuant to the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (the "Act"), which disallowed the Taxpayer's claim for a deduction of certain expenses and a bad debt allowance in her 2011 taxation year. [2] Before the Judge, the Taxpayer challenged the reassessment on the basis that the Act was unconstitutional and therefore invalid. The Judge found that the Act was constitutional and, because the constitutional validity of the Act was the only issue raised by the Taxpayer, the Judge dismissed the appeal. [3] In this appeal, the Taxpayer makes a number of arguments aimed at overturning the Judge's decision. However, we are all of the view that she has failed to demonstrate any error on the part of the Judge that warrants our intervention. Accordingly, the appeal will be dismissed with all inclusive costs of $500. "C. Michael Ryer" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-189-15 (APPEAL FROM A DECISION OF DEPUTY JUDGE ROWE OF THE TAX COURT OF CANADA, DATED MAY 6, 2016, DOCKET NO. (2014-613(IT)8)) STYLE OF CAUSE: LOVEY CRIDGE v. HER MAJESTY THE QUEEN PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: March 15, 2016 REASONS FOR JUDGMENT OF THE COURT BY: RYER J.A. NEAR J.A. BOIVIN J.A. DELIVERED FROM THE BENCH BY: RYER J.A. APPEARANCES: Lovey Cridge on her own behalf Kristian DeJong For The Respondent SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Respondent