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A-514-75
Vauban Productions (Appellant)
v.
The Queen (Respondent)
Court of Appeal, Pratte and Le Dain JJ. and Hyde D.J.—Montreal, April 18; Ottawa, May 7, 1979.
Income tax — Canada-France Income Tax Convention — Appeal from judgment holding contract dealing with motion, picture films to be a lease rather than contract of sale — Appellant alleging Trial Judge ignored text of agreed state ment of facts and documents — Appellant also contending that Trial Judge wrongly characterized contracts as leases rather than sales — Appeal dismissed — The Canada-France Income Tax Convention Act, 1951, S.C. 1951, c. 40, Art. 13(IV).
INCOME tax appeal. COUNSEL:
P. F. Vineberg, Q.C. for appellant.
Roger Roy and Daniel Verdon for respondent.
SOLICITORS:
Phillips & Vineberg, Montreal, for appellant.
Deputy Attorney General of Canada for respondent.
The following are the reasons for judgment rendered in English by
PRATTE J.: Counsel for the appellant attacked the judgment of the Trial Division' on two grounds.
First, he said that the Judge had ignored the text of the "agreed statement of facts and docu ments" that had been filed by the parties. This assertion is, in my view, without foundation. The statement filed by the parties summarized certain documents to which it referred and which were annexed to it. All that the Judge did was to give precedence to the text of those documents over the summary that was contained in the statement. In doing so, the learned Judge did not commit any error.
The appellant's second contention was that the Trial Judge had wrongly characterized the con
' [1976] 1 F.C. 65.
tracts entered into by the CBC and the appellant as leases rather than sales. This contention must also, in my view, be rejected.
Contrary to what was argued by the appellant's counsel, by the contracts here in question the appellant did not sell to the CBC the rights that the appellant already possessed in certain motion picture films. As the Trial Judge correctly found, the appellant's rights in those films were distribu tor's rights, whereas the rights which it granted to the CBC were user's rights. It is clear that, by those contracts, the appellant, acting as a distribu tor of certain films, agreed, in consideration of a lump sum payment, to supply for a time copies of those films to the CBC and to grant it for the same period of time the exclusive right to show them on its television network. In my view, the Trial Judge was right in holding that such a contract is "lease of motion picture films" within the meaning of paragraph IV of Article 13 of The Canada-France Income Tax Convention Act, 1951, S.C. 1951, c. 40.
For those reasons, I would dismiss the appeal
with costs.
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LE DAIN J.: I agree.
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HYDE D.J.: I agree.
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