Digests

Decision Information

Decision Content

McGowan v. Canada

A-663-93

Stone, McDonald JJ.A.

19/5/95

5 pp.

Application for judicial review of Tax Court of Canada order -- MNR having mailed applicant notice of assessment for 1986 tax year on February 21, 1992, another notice of assessment for 1987 tax year in December 1991 -- Applicant claiming not having received either notice -- No evidence to rebut s. 244(15) presumption notice of assessment made on date mailed-Prescribed time period in which to serve Minister with notices of objection expired -- By letter dated November 2, 1992, Minister denied application for extension of time in which to serve notice of objection -- Applicant not submitting application for extension of time to Tax Court of Canada within 90 days of Minister's decision, as required by Income Tax Act, s. 166.2(1) -- Missing vital prescription period -- Applicant not presenting evidence or offering explanation to Tax Court of Canada as to why 90-day time limit could not be honoured -- Trial Judge properly rejecting application in accordance with s. 166.2(1) -- "Triggering date" for 90-day prescription period, November 2, 1992, not in dispute-Applicant not submitting application within 90 days of that date-Application dismissed -- Income Tax Act, S.C. 1970-71-72, c. 63, ss. 166.2(1) (as enacted by S.C. 1994, c. 7, Sch. II, s. 139), 244(15).

 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.