2 total
Respondent's motion to amend its Reply to add an alternative transfer pricing argument granted.
The Respondent moved to amend its Amended Reply to add an alternative transfer pricing argument under paragraphs 247(2)(a) and (c) of the Income Tax Act.
The Tax Court granted the motion, finding that the amendment would assist in determining the real questions in controversy and would not cause non-compensable prejudice to the Appellant.
The Appellant was awarded costs for the motion and any additional pre-trial steps required.
Summary judgment granted declaring Minister's tax reassessment for excess refund statute-barred under the Corporations Tax Act.
The moving party, Ford, sought summary judgment on its appeal of a tax reassessment by the Minister of Finance.
The Minister had issued a Notice of Assessment in 2017 seeking repayment of an excess refund of over $6.2 million from the 1999 taxation year.
Ford argued the reassessment was statute-barred under subsection 82(11) of the Corporations Tax Act.
The court agreed, finding that unlike other provisions, subsection 82(11) did not include the phrase 'at any time,' meaning the normal assessment period applied.
The court granted summary judgment in favour of Ford, declaring the reassessment statute-barred.
