Subsection 13(2)
Cases
Stephens Estate v. The Queen, 82 DTC 6132, [1982] CTC 138 (FCA)
A county sheriff who is made, in effect, an officer of the Federal Court by virtue of s. 13(2), is not thereby made a servant of the Crown in...
Subsection 17(1)
Cases
Royal Bank of Canada v. Saskatchewan Power Corp., 90 DTC 6330 (Sask QB)
The Saskatchewan Court of Queen's Bench had no jurisdiction to make a determination as to who had the right to funds already paid to Revenue...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Stare Decisis | 55 | |
| Tax Topics - Income Tax Act - Section 224 - Subsection 224(1.2) | 36 |
Section 18
Cases
MNR v. Devor, 93 DTC 5098 (FCA)
The Federal Court had no jurisdiction to declare that waivers, which allegedly had been extracted from the taxpayer under compulsion and duress,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation - Federal - Federal Court Act - Section 29 | 42 |
McCaffrey v. The Queen and the Minister of National Revenue, 93 DTC 5009 (FCTD)
The Court had jurisdiction to entertain an application seeking to prohibit the Minister from performing further audits of the taxpayer for the...
Silbernagel v. The Queen, 93 DTC 5007 (FCA)
The decision of the Minister of Communications to revoke a certification of a certified production previously given under Regulation 1104(2) could...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation - Federal - Federal Court Act - Section 28 | 71 |
Hart v. The Queen, 86 DTC 6335, [1986] 2 CTC 63, 86 DTC 6335 (FCTD)
The applicant, who was a judgment creditor of a company ("Polar"), had no standing to quash assessment and enforcement proceedings by the Minister...
Re F.K. Clayton Group Ltd., 86 DTC 6214 (FCTD)
A motion pursuant to s. 18 of the Federal Court Act to quash an application by a Departmental employee pursuant to s. 231(2) for the retention of...
Lavers v. Minister of Finance (B.C.), 85 DTC 5218, [1985] 2 CTC 19 (BCSC)
The provincial superior courts have at least coordinate jurisdiction with the Federal Court in Charter matters, and should not defer to the...
Section 18.1
Subsection 18.1(2)
Cases
R & S Industries Inc. v. Canada (National Revenue), 2016 FC 275
On September 1, 2005, the appellant (“R & S”) transferred its assets to a limited partnership (“BELP”) which was controlled by its...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 97 - Subsection 97(2) | drop-down agreement interpreted as preventing a re-allocation of boot to avoid gain | 402 |
Section 18.5
Cases
Sood v. Canada (National Revenue), 2015 FC 857
The applicant objected to the denial of his claim to the Ontario new housing HST rebate, and he then accepted a CRA offer to refund the difference...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 296 - Subsection 296(1) | settlement agreement not according with law required to be revoked | 179 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) | settlement agreement not according with law required to be revoked | 179 |
Canada (National Revenue) v. ConocoPhillips Canada Resources Corp., 2014 FCA 297, rev'g 2013 FC 1192
The taxpayer claimed that it did not learn about a reassessment allegedly mailed on November 7, 2008 until April 14, 2010. When its Notice of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 169 | appeal to Tax Court available for decision of CRA to treat a Notice of Objection as invalid | 228 |
ColasCanada Inc. v. Canada (National Revenue), 2014 DTC 5076 [at 6991], 2014 FC 452
In the course of an audit, the Minister mailed the taxpayer some draft assessments proposing to disallow certain of the taxpayer's claimed...
Newcombe v. Canada, 2013 DTC 5160 [at 6393], 2013 FC 955
The taxpayer settled an employment dispute with the Department of Justice, under which she was entitled to liquidated damages. The Department...
Canada (National Revenue) v. JP Morgan Asset Management (Canada) Inc., 2014 DTC 5001 [at 6501], 2013 FCA 250
The 2002 to 2008 taxation years of the taxpayer were assessed for its failure to withhold Part XIII tax. The taxpayer (in addition to objecting...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(8) | judicial review of Minister's decision to assess is a "tool of last resort" | 258 |
Canadian Pacific Railway Company v. Canada, 2013 DTC 5135 [at 6226], 2012 FC 1030
A contract in 1880, backed by the CPR Act in 1881, exempted the taxpayer from virtually all forms of federal, provincial and municipal taxation. ...
Danada Enterprises Ltd. v. Canada (Attorney General), 2012 DTC 5083 [at 6986], 2012 FC 403
Blanchard J. found that the taxpayer was prevented under s. 18.5 of the Federal Courts Act from challenging, before the Federal Court, the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 165 - Subsection 165(3) | amended notice of confirmation | 178 |
Greene v. MNR, 95 DTC 5078 (FCTD), aff'd 95 DTC 5684 (FCA)
The taxpayer was successful in obtaining an order of mandamus directing the Minister to carry back a large capital loss it had reported in its...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(6) | 125 |
Articles
Brent F. Murray, "JP Morgan: Can Taxpayers Use the Judicial Review Process to Challenge Tax Assessments that are Contrary to the CRA's Administrative Policies?", CCH Tax Topics, No. 2178, December 5, 2013, p. 1.
List of discretionary matters subject to judicial review applications (p. 5)
…Judicial review applications in the context of GST/HST matters...
Carman R. McNary, "A 'New Way to Challenge Decisions of the Minister of National Revenue?", CCH Federal Tax Practice News, 1 June 2009, No. 3, p. 1
Subsection 27(2)
Cases
Le Bel v. The Queen, 87 DTC 5327 (FCTD)
During the 30 day appeal period the taxpayer asked his counsel for advice as to when the appeal period expired, left town before receiving his...
The Queen v. Guaranteed Homes Ltd., 79 DTC 5136, [1979] CTC 190 (FCTD)
In order for an extension of time to be granted, the applicant must show that he had a bona fide intention to appeal during the 30-day period.
Section 28
Cases
Silbernagel v. The Queen, 93 DTC 5007 (FCA)
The only decision of the Tax Court pursuant to the informal procedure that may be reviewed under section 28 is a decision that disposes in whole...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation - Federal - Federal Court Act - Section 18 | 30 |
Rahey v. MNR, 90 DTC 6494 (FCA)
The Federal Court of Appeal was without jurisdiction to set aside the refusal of the Tax Court on an interlocutory application to vacate summarily...
Attorney General of Canada v. S.F. Enterprises Inc., 90 DTC 6195 (FCA)
A decision of a Tax Court judge that two individual taxpayers had standing was merely a preliminary ruling enabling the Court to proceed to...
E.W. Bickle Ltd. v. MNR, 79 DTC 5170, [1979] CTC 228 (FCA)
A decision of the Minister as to whether an article is exempt under subsection 29(1) of the Excise Tax Act is an administrative decision that must...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 19 - Subsection 19(5) - Canadian newspaper or periodical | 113 |
Minister of National Revenue v. Coopers and Lybrand, 78 DTC 6528, [1978] CTC 829, [1979] 1 S.C.R. 495
The following criteria were formulated for the purpose of determining whether a decision or order is one required by law to be made on a judicial...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 231.3 - Subsection 231.3(3) | 57 |
Herman v. Dep. A.G. of Canada, 78 DTC 6465, [1978] 728 (SCC)
The jurisdiction of the Federal Court of Appeal does not extend to reviewing the decision or order of a federally-appointed provincial judge under...
Section 29
Cases
MNR v. Devor, 93 DTC 5098 (FCA)
A statement of claim seeking a declaration that waivers "extracted" from the taxpayer were void and a writ of certiorari quashing the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation - Federal - Federal Court Act - Section 18 | 43 |
Laforme v. The Queen, 91 DTC 5372 (FCTD)
In dealing with the taxpayer's Statement of Claim which appealed from a decision of the Tax Court which, in turn, had quashed the appeal to that...
The Queen v. Optical Recording Laboratories Inc., 90 DTC 6647 (FCA)
The Federal Court, Trial Division did not have the jurisdiction to entertain an originating motion brought by a taxpayer under section 18 of the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 171 - Subsection 171(1) | 65 | |
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(1) | 47 |
Brydges v. Kinsman, 90 DTC 6463 (FCTD)
The Federal Court lacked the jurisdiction to entertain a motion under s. 18 of the Federal Court Act to set aside a decertification order made by...
Devor v. MNR, 88 DTC 6263 (FCTD)
An application to dismiss the taxpayer's statement of claim, advancing a plea of non est factum in relation to waivers signed by the taxpayer, was...
Danielson v. MNR, 86 DTC 6495 (FCTD)
An application for relief in the nature of certiorari to quash a determination by the Minister to assess a director pursuant to ss.227(1) and...
Bechthold Resources Ltd. v. MNR, 86 DTC 6065, [1986] 1 CTC 195 (FCTD)
An assessment can only be reviewed and set aside by way of a regular appeal, and not pursuant to an application under s. 18 of the Federal Court...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 222 - Subsection 222(1) - Tax debt | tax liability arose when designation made and before assessment | 125 |
Rich Colour Prints Ltd. v. D.MNR, [1984] 2 F.C. 246 (C.A.)
"In our opinion, section 29 clearly says that a decision which, under an Act of Parliament [here, the Customs Act], may be appealed to an...
Subsection 33(1)
Cases
Canadian Human Rights Commission v. Canadian Pacific Ltd., 88 DTC 6497 (SCC)
"The combined operation of the Federal Court Act and the Supreme Court Act is such that an application for leave to appeal from a judgment of the...
Subparagraph 46(1)(a)(v)
Cases
Farmer Construction Ltd. v. The Queen, 83 DTC 5215, [1983] CTC 198 (FCTD)
It was held that the plaintiff could call as a witness an officer of the Department of National Revenue and examine him as if he were a hostile...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Onus | 64 |
Subsection 48(4)
Cases
Sorenson v. Tax Review Board, 82 DTC 6151 (FCTD)
A proceeding against the Minister of National Revenue and the Tax Review Board is not a proceeding against the Crown.
Paragraph 50(1)(b)
Cases
Usarco Ltd. v. A.G. Canada, 80 DTC 6308, [1980] CTC 484, 80 DTC 6381 (FCTD)
The power to order a stay should only be exercised sparingly, and the possibility that expenses incurred in a proceeding may turn out to be...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation - Federal - Federal Court Rules - Rule 401(c) | 23 | |
| Tax Topics - Income Tax Act - Section 244 - Subsection 244(4) | 21 |
Subsection 53(2)
Cases
Cornforth v. The Queen, 82 DTC 6058, [1982] CTC 45 (FCTD)
Evidence to establish the existence of an oral partnership between two Quebec taxpayers was admissible, notwithstanding that establishing the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Estoppel | 45 | |
| Tax Topics - Income Tax Act - Section 96 | 100 |
Section 57
Cases
The Queen v. Fisher, 96 DTC 6291 (FCA)
The notice required by s. 57 is required even where a constitutional question is raised in an informal procedure in the Tax Court.