Digests

Decision Information

Decision Content

INCOME TAX

Corporations

Canada v. Potash Corp. of Saskatchewan Inc.

A-61-03

2003 FCA 471, Malone J.A.

8/12/03

15 pp.

Appeal from order of Tax Court Judge (T.C.J.) granting leave to respondent to amend notice of appeal--Respondent subject to rules placing requirements on large corporations objecting to assessment found in Income Tax Act (Act), ss. 165(1.11), 169(2.1)--Whether T.C.J. erred in interpretation of Income Tax Act, s. 169(2.1)--While T.C.J. erred in interpreting large corporation rules strictly, main issue meaning of words "each issue" in phrase "reasonably describe each issue to be decided" in Act, s. 165(1.11)(a)--T.C.J. held sufficient to express issue in section numbers of Act or in words taken or paraphrased from sections--While not required to describe issue exactly, large corporation required to describe issue reasonably--T.C.J.'s interpretation could stand only if language of s. 165(1.11)(a) unambiguously required it, which is not case here--Thus, T.C.J. erred in granting leave to amend notice of appeal to include items inadvertently excluded from computation of resource profits, and to make consequential amendments to quantum of relief sought--Although harsh, rule for large corporations result of Parliament's intention--Appeal allowed and respondent's motion to amend notice of appeal dismissed--Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1, ss. 165(1.11)(a) (as enacted by S.C. 1995, c. 21, s. 70), 169(2.1) (as enacted idem, s. 71).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.