The Bowman Moot Problem 2022

(in replacement of Canada v. Cameco Corporation, 2020 FCA 112)

The reasons and judgment of the Tax Court of Canada in Agracity Ltd. v. The Queen, 2020 TCC 91 are appealed to the Bowman Moot Court for Tax Appeals.

The questions in issue on appeal are:

  1. (a) To ground an allegation of sham, must there always be an element of deceit?
    b) Assuming an element of deceit is required, what, if any, is the required level of deception?
    (c) Did the transactions entered into by AgraCity Ltd. and NewAgco Inc.  amount to a sham?

  2. (a) Do paragraphs 247(2)(a) and (c) of the Income Tax Act, RSC 1985, c 1 (5th Supp) (the “Act”) apply to re-determine the terms and conditions of the transactions at issue?
    (b) Do paragraphs 247(2)(b) and (d) of the Act apply to re-characterize the transactions at issue?

All other issues raised before the Tax Court of Canada are not appealed from.

The Moot is intended to promote advocacy pertaining to substantive tax law issues, not to questions relating to administrative law or the standard of review. Participants are expected to make very short written submissions and refer the judges to their factum when they state orally the applicable standard of review. We have done our best to inform the judges that the standard of review is not at issue and have advised them to refrain from asking any questions pertaining to it.

The moot problem is an actual case, and therefore the parties’ factums are to be original works, as opposed to any copy or mere imitation of existing filed court materials.