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A-141-74
The Queen (Appellant) (Defendant) v.
G.T.E. Sylvania Canada Limited (Respondent) (Plaintiff)
Court of Appeal, Jackett C.J., Ryan J. and Hyde D.J.—Montreal, October 8, 10, 1974.
Income tax—Provision for depreciation—Deduction from capital cost of `public grant, subsidy or other assistance"— Phrase excluding reduction in provincial income tax— Income Tax Act, s. 20(6)(h) and s. 11(1)(a).
The respondent taxpayer, by virtue of a reduction in Quebec income tax effected by the Quebec legislature for the year 1971, was liable to pay less tax to the provincial government than it would otherwise have been liable to pay. The taxpayer was assessed for Canadian income tax as having "received ... from a government ... a grant, sub sidy or other assistance" within the depreciation provisions of section 20(6)(h) of the Income Tax Act. The assessment was set aside by the Trial Division [1974] 1 F.C. 726. The Crown appealed.
Held, dismissing the appeal, the respondent was outside the relevant phrase, as it literally received nothing from the reduction in provincial tax. If the words in section 20(6)(h) were treated as broad enough to include such a reduction, the rule would include reduction effected by various allow ances in the Income Tax Act that could not be taken to have been intended without more explicit language.
INCOME tax appeal. COUNSEL:
N. A. Chalmers, Q.C., and Wilfrid Lefebvre for appellant.
Richard W. Pound and Robert Couzin for respondent.
SOLICITORS:
Deputy Attorney General of Canada for appellant.
Stikeman, Elliott, Tamaki, Mercier & Robb, Montreal, for respondent.
The following are the reasons for judgment delivered orally in English by
JACKETT C.J.: This is an appeal from a judg ment of the Trial Division allowing with costs
an appeal by the respondent from its assessment under Part I of the Income Tax Act for the 1971 taxation year.
The appeal turns upon what effect is to be given to section 20(6)(h) of the Income Tax Act, as it was in respect of that taxation year, on certain agreed facts.
20. (6). For the purpose of this section and regulations made under paragraph (a) of subsection (1) of section 11, the following rules apply:
(h) where a taxpayer has received or is entitled to receive from a government, municipality or other public authority, in respect of or for the acquisition of property, a grant, subsidy or other assistance ... the capital cost of the property shall be deemed to be the capital cost thereof to the taxpayer minus the amount of the grant, subsidy or other assistance;
Put in a nutshell, the question is whether the reduction in Quebec income tax for the year in question that was effected by the provincial National Assembly by appropriate amendment to the provincial tax statute, as a result of which the respondent was liable to pay less tax to the Government of the Province than it would otherwise have been liable to pay, resulted in the respondent having
"received ... from a government ... a grant, subsidy or other assistance"
within the meaning of those words in section 20(6)(h). In my view, the answer is in the nega tive. In so far as the reduction in tax is con cerned, the respondent literally received noth ing. If a meaning were given to the expression "received ... other assistance" broad enough to include such a reduction in tax, the ambit of the rule in section 20(6)(h) would be such as to include a reduction effected by various allow ances in the Income Tax Act itself that could not, in my view, be taken to have been intended without more explicit language. I have in mind, for example, what is commonly referred to as the "capital cost allowance" that is provided for
by section 11(1)(a) itself.'
For the aforesaid reasons, I am of opinion that the appeal should be dismissed with costs.
RYAN J. concurred.
* * *
HYDE D.J. concurred.
I wish, expressly, to reserve consideration of the accura cy of that part of the learned Trial Judge's Reasons for Judgment that reads as follows [at pages 736-737]:
Again referring to the dictionary meanings of the words "grant" and "subsidy" there is one common thread throughout, that is a gift or assignment of money by government or public authority out of public funds to a private or individual or commercial enterprise deemed to be beneficial to the public interest. Subject to minor refinements the words "grant" and "subsidy" appear from their dictionary meanings to be almost synonymous.
I am of the view that rules of interpretation or canons of construction which have been established judicially must be applied where pertinent and in or saying I do so fully cognizant that such rules, particularly the principle of ejusdem generis, are a useful servant but a dangerous master.
The ejusdem generis doctrine is as old as Bacon's maxims. That rule, which I repeat, is that where general words follow an enumeration of particular things they do not introduce changes of a different character.
In my judgment the familiar rule that where there are general words following particular and specific words all of one genus, the general words are presumed to be restricted to the same genus as the particular words,— applies to the words "grant, subsidy or other assistance" as used in section 20(6)(h) of the Income Tax Act. In this section there are the specific words "grant" and "sub- sidy" followed by the general words "or other assistance".
The fact is that the general words "or other assistance" can hardly avoid being ancillary in nature to the words "grant" and "subsidy". It seems to me that where there are ancillary words of this nature it is a sound rule not to give such a construction to the ancillary words as will wipe out the significance of the particular words which antecede them.
As I have said before the constant and dominating feature in the words "grant" and "subsidy" is that each contemplates the gift of money from a fund by govern ment to a person for the public weal. Something concrete and tangible is to be bestowed. For the reasons I have expressed the general words "or other assistance" must be coloured by the meaning of those words.
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