The appellant appealed assessments for director's liability under the Income Tax Act and Excise Tax Act for unremitted source deductions and uncollected GST by a corporation of which he was the sole director.
The appellant argued a due diligence defence, citing a protracted legal dispute and lockout involving related operating companies.
The Tax Court of Canada dismissed the appeals, finding that the corporation in question acted merely as a conduit for the appellant's remuneration and had no assets or business affected by the lockout.
The appellant failed to take any steps to prevent or correct the failure to remit the amounts owed to the Crown.