Imperial Oil Ltd. v. Canada, 2004 DTC 6702, 2004 FCA 361, rev'd 2006 SCC 46 -- summary under Interpretation Bulletins, etc.

By services, 28 November, 2015

After noting that in the case before him the Crown was challenging the deduction under s. 20(1)(f) of amounts paid as a result of foreign currency appreciation whereas CRA had allowed deductions under that provision based on appreciation of commodities in commodity-based loans, LeBel J. stated (at para. 59):

"However much they are to be deplored, inconsistent administrative practices are not the determinative factor in statutory interpretation. We must nevertheless return to the statute itself and to the scope of its application in respect of the specific transactions at issue in these appeals ... . If an interpretation is wrong, it does not make law."

Note
rev'd on other grounds 2006 SCC 46
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