Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41149
Glencore Canada Corporation v. His Majesty the King
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-08-16 | Close file on Leave | |
| 2024-08-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-08 | Judgment on leave sent to the parties | |
| 2024-08-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-301-21, 2024 FCA 3, dated January 5, 2024 is dismissed with costs. Dismissed, with costs |
|
| 2024-07-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-04-25, (Printed version filed on 2024-04-16) | Glencore Canada Corporation |
| 2024-04-05 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version due on 2024-04-12) | His Majesty the King |
| 2024-04-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-04-12, (Printed version filed on 2024-04-11) | His Majesty the King |
| 2024-03-06 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-03-06; | |
| 2024-03-05 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-03-07) | Glencore Canada Corporation |
| 2024-03-05 | Notice of name, (Letter Form), (Printed version filed on 2024-03-07) | Glencore Canada Corporation |
| 2024-03-05 |
Application for leave to appeal, (Book Form), Missing: -Proof of service (not opening); -Filing fees; (Rec'd 2024-03-07);, Completed on: 2024-07-03, (Printed version filed on 2024-03-07) |
Glencore Canada Corporation |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Glencore Canada Corporation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Glencore Canada Corporation
Counsel
Brandon Kain
Anu Koshal
Toronto Dominion Bank Tower
Suite 5300
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7991
FAX: (416) 868-0673
Email: rjuneja@mccarthy.ca
Party: His Majesty the King
Counsel
Peter Swanstrom
National Litigation Sector
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 256-7346
FAX: (416) 973-0810
Email: elizabeth.chasson@justice.gc.ca
Agent
Department of Justice Canada, National Litigation Sector
50 O’Connor Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Taxation — Income Tax — Calculation of income — Break fees — Appeal from taxation reassessment dismissed — Proper tax treatment of break fees — Scope of s. 12(1)(x) of Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) <br>
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 1996, Falconbridge Limited offered to acquire publicly-traded shares of Diamond Fields Resources Inc. for consideration valued at approximately $4.1 billion. A bidding auction took place and Falconbridge lost to its competitor, Inco Ltd. In connection with its offer, Falconbridge received fees from Diamond Fields totalling $101,541,987.
The applicant, Glencore Canada Corporation is a successor to Falconbridge. Pursuant to the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), Glencore received a reassessment for Falconbridge’s 1996 taxation year in which the fees, less related expenses, were included in income.
The Tax Court upheld the reassessment. Glencore appealed to the Federal Court of Appeal. It dismissed the appeal.
Lower court rulings
Appeal from taxation reassessment dismissed.
Appeal dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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