Canada v. CCLC Technologies Inc.
A-801-95
Strayer J.A.
19/9/96
4 pp.
Appeal from Trial Judge's finding ((1995), 103 F.T.R. 292) payments made to respondent not "assistance" within meaning of Income Tax Act, ss. 12(1)(x)(iv), 127(11.1) and 127(9)-Government of Alberta providing technology and paying money to respondent pursuant to Coal Research Agreement-Government obtaining equity interest in short term but obliged to sell interest to respondent should project prove commercially successful at price equalling return of payment plus interest-If no commercial value to project, Government entitled to nothing-In language of Act, payments amounted to grant, subsidy, forgivable loan or similar form of assistance-Nor can payments be regarded as having been made by government in acquisition of interest in property under s. 12(1)(x)(viii)-Appeal allowed-Income Tax Act, S.C. 1970-71-72, c. 63, ss 12(1)(x)(iv) (as am. by S.C. 1990, c. 45, s. 39(1)), (viii), 127(11.1), 127(9).