- The reasons and judgment of the Federal Court of Appeal in Glencore Canada Corporation v. Canada, 2024 FCA 3 are appealed to the Bowman Moot Court for Tax Appeals.
- The questions in issue on appeal are:
Question A
Should the Commitment and Non-Completion Fees be included in computing the taxpayer’s income under s. 3(a) of the Act
i. As income from a business or property under s. 9(1) of the Act?
ii. As income from a business or property under s.12(1)(x) of the Act?
Question B
Assuming s. 3(a), 9(1) and 12(1)(x) of the Act do not apply, does the Non-Completion Fee constitute a non-taxable capital receipt or does it give rise to a taxable capital gain to be included in computing the taxpayer’s income under s. 3(b) of the Act?
The moot problem is an actual case, and therefore the parties’ factums are to be original works, as opposed to any copy or mere imitation of existing filed court materials. - All other issues raised before the Tax Court of Canada and the Federal Court of Appeal are not appealed.
- The Moot is intended to promote advocacy pertaining to tax related issues, not to questions relating to administrative law or the standard of review. Participants are expected to make very short written submissions and refer the judges to their factum when they state orally the applicable standard of review. We have done our best to inform the judges that the standard of review is not at issue and have advised them to refrain from asking any questions pertaining to it.
- The moot problem is an actual case, and therefore the parties’ factums are to be original works, as opposed to any copy or mere imitation of existing filed court materials.
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