Kostiuk v. Canada
T-2887-89
Strayer J.
17/12/92
9 pp.
Appeal from reassessment of income taxes owed by plaintiff's father in respect of 1978-1981 taxation years -- Reassessment made under Income Tax Act, s. 160(1) on transfer of one-half section of land in Saskatchewan to plaintiff for consideration less than fair market value -- Separation agreement executed between plaintiff's parents -- Transfer of property registered on March 23, 1982, title issued to plaintiff -- Enforcement action taken by defendant against plaintiff under s. 160(1) for income tax owed by father -- S. 160(1)(c) added in 1983, only applicable to transfers of property after November 12, 1981 -- Issue whether transfer to plaintiff prior to November 12, 1981 -- For purposes of s. 160(1), land transferred to plaintiff when separation agreement executed by father on September 8, 1981 -- Separation agreement transfer "either . . . indirectly, by means of a trust or by any other means whatever" within meaning of s. 160(1) -- As of signing of separation agreement, father holding transferred property in trust for plaintiff[cad 211]Property transferred prior to November 12, 1981 -- Appeal allowed -- Income Tax Act, S.C. 1970-71-72, c. 63, s. 160(1)(c) (as enacted by S.C. 1980-81-82-83, c. 140, s. 107).