What is the test for establishing purpose or intention in a transaction where there is no compelling case law?
Canada (Federal), Canada
The following excerpt is from Groupe Honco Inc. v. Canada, 2013 FCA 128 (CanLII):
Furthermore, where purpose or intention is to be ascertained, it must not be supposed that courts will be satisfied with only the taxpayer’s statements, ex post facto or otherwise, as to the subjective purpose of a particular transaction (Symes v. Canada, 1993 CanLII 55 (SCC), [1993] 4 S.C.R. 695 at para. 68).
It was certainly open to the Judge to draw a negative inference from the absence of key witnesses or relevant documents such as Old Supervac’s amended financial statements (Judge’s Reasons at para. 23; Diaz v. Canada, 2013 FCA 11 at para. 3).
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