Windrim v. The Queen, 91 DTC 5221, [1991] 1 CTC 271 (FCTD) -- summary under Principal Residence

By services, 28 November, 2015

The taxpayer, who purchased 17.6 acres of land knowing that it could not be subdivided, and who lived on the land for several years in a mobile home, was not entitled to claim the principal residence exemption with respect to more than the two hectares allowed by the Minister, because the mobile home as a supposed "housing unit" "simply had no identifiable subjacent or contiguous land" (p. 5227) given that the mobile home was not required to be affixed to any given portion of the land, and because, unlike the Yates case, when the taxpayer bought the lot he did not wish it to be subdividable, but instead "knowingly and quite intentionally bought a grandiose lot with its little trout-stocked lake, its ridge with a view of the sea, its forest and its forest trails" (p. 5227).

Muldoon J. also noted that "the meaning of 'enjoyment/jouissance' eschews all connotation of 'hedonism or volupté'" (p. 5226).

Words and phrases
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
338144
Extra import data
{
"field_legacy_header": "<strong><em><a name=\"Windrim\"></a>Windrim v. The Queen</em></strong>, 91 DTC 5221 (FCTD)",
"field_override_history": false,
"field_sid": "",
"field_topic_category": ""
}