78. Canada (Attorney General) v. British Columbia Investment Management Corp. 2019
Update: 2023-01-29
Description
Canada (Attorney General) v. British Columbia Investment Management Corp.
The federal government couldn’t force a BC Crown corporation to pay GST on its own property, but it still had to pay because BC agreed, the Supreme Court has ruled.
Date: December 13, 2019
Neutral Citation: 2019 SCC 63
Breakdown of the decision:
- Majority: Justice Andromache Karakatsanis dismissed both the appeal and cross-appeal (Justices Abella, Moldaver, Brown, Rowe, and Martin agreed)
- Dissenting in part: Chief Justice Richard Wagner said BCI had to pay GST on services for the property in the trust and would have allowed the appeal on the immunity issue
On appeal from the Court of Appeal for Ontario
Lower court rulings:
- Declaratory judgment (Supreme Court of British Columbia)
- Appeal (Court of Appeal for British Columbia)
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