The applicant sought an extension of time to file a notice of appeal concerning the 2005 taxation year.
The Minister confirmed the reassessment on June 22, 2022.
The applicant's agent faxed the extension application after business hours on September 20, 2023, and the registry stamped it on September 21, 2023.
The Tax Court of Canada held that under the Rules, a faxed document is deemed filed on the date stamped by the registry.
The Court also held that the confirmation was deemed sent on the date it bears.
Consequently, the application was filed one day late and was dismissed.