DEML Investments Limited v. His Majesty the King
DEML Investments Limited
Law Firm / Organization
McCarthy Tétrault LLP
His Majesty the King
Law Firm / Organization
Department of Justice Canada

- Parties: The appellant was DEML Investments Limited. The respondent was His Majesty the King. 

- Subject Matter: This appeal sought to set aside a Tax Court of Canada judgment and sought to vacate assessments made under the Income Tax Act (ITA) relating to the appellant’s taxation years ending Nov. 30, 2010 and Nov. 30, 2011. The appeal alleged that the Tax Court judge erred in law in finding a misuse or abuse of the ITA's capital loss provisions; in finding a misuse or abuse of ITA's s. 88(1)(d); in failing to consider the ITA's rules governing resource property; in finding a “paper” or “artificial” loss; in failing to consider the capital loss provisions (s. 88(1)(d)) and the rules governing resource property as a coherent scheme; in failing to consider the transactions as a whole; and in relying on the decision in Deans Knight Income Corp. v. Canada, 2023 SCC 16 without giving the parties an opportunity to make submissions about the case. This case is ongoing. 

- Date: The hearing was set on Feb. 13, 2025. 

- Venue: This was a federal case before the Federal Court of Appeal. 

- Amount: No financial award was specified.

Federal Court of Appeal
A-122-24
Taxation
$ 0
28 March 2024