The Respondent moved to amend its replies in two appeals to add a repricing argument under section 247(2) of the Income Tax Act, while the Appellant moved to stay a third related appeal pending a judicial review application.
The Tax Court dismissed the Respondent's motion to amend without prejudice, finding that the proposed amendment pleading a zero percent interest rate between arm's length parties disclosed no reasonable prospect of success and lacked necessary factual particulars.
The Court also dismissed the Appellant's motion for a stay, concluding that the interests of justice favoured having all related appeals proceed together.
