The Aubrey Dan Family Trust (ADFT) brought a summary judgment motion to allow its income tax appeal for the 2007 taxation year and vacate a reassessment issued by the Minister of Finance.
The motion focused on whether the reassessment was issued outside the statutory limitation period and, if so, whether the limitation period was properly waived.
The court found that the original notice of assessment triggered the normal reassessment period, which expired before the reassessment was issued.
However, the court also found that the T2029 waiver form signed by ADFT was valid under the Ontario Income Tax Act, deeming it a prescribed form and thus effectively waiving the limitation period.
Consequently, ADFT's motion for summary judgment was dismissed.