Matane (Ville) c. La Reine

Matane (Ville) c. La Reine

Given the disparity between the $2/hour charge and the rink's fair market rental value (about $150–160/hour), and after weighing facts and circumstances, the $2 fee is nominal consideration under s.141.01(1.1) and therefore not 'consideration' for Part IX purposes; consequently the Part IX presumptions apply and the...

Source-derived case information.

Citation
2005 CCI 53
Parties
Appellant: Ville de Matane; Respondent: Sa Majesté la Reine
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
11 February 2005
Procedural Posture
Tax (gst) Appeal Under Excise Tax Act Part IX / Appeal Judgment
Outcome
Appeal dismissed without costs; assessment upheld
Legal Topics
Input Tax Credits, Nominal Consideration, Public Bodies, Part IX Presumptions, Commercial Activity Definition
Source Language
fr
Tax Law Gst/hst Excise Tax Act Municipal Law Input Tax Credits Nominal Consideration Public Bodies Part IX Presumptions +1 more

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Parties

Ville de Matane

Appellant

Sa Majesté la Reine

Respondent

Procedural Posture

Tax (gst) Appeal Under Excise Tax Act Part IX / Appeal Judgment

  1. 1 Whether a $2 per hour rink rental fee constitutes consideration or nominal consideration under s.141.01(1.1) of the Excise Tax Act
  2. 2 Whether the City is entitled to input tax credits for rink-related expenditures given the Part IX presumptions in ss.141.01(2)(b)(i) and 141.01(3)(b)(i)
  3. 3 Application of definition of commercial activity and s.169(1) entitlement to ITCs

Ratio Decidendi

Given the disparity between the $2/hour charge and the rink's fair market rental value (about $150–160/hour), and after weighing facts and circumstances, the $2 fee is nominal consideration under s.141.01(1.1) and therefore not 'consideration' for Part IX purposes; consequently the Part IX presumptions apply and the appellant is not entitled to the challenged ITCs, so the Minister's assessment is upheld.

Court Disposition

Appeal dismissed without costs; assessment upheld

Orders

  • Appeal dismissed
  • Assessment number 0254904 dated January 21, 2004 for the period October 1, 1999 to June 30, 2003 is confirmed