BRANDON OSADCHUK v. HIS MAJESTY THE KING
BRANDON OSADCHUK
Law Firm / Organization
Unrepresented
HIS MAJESTY THE KING
Law Firm / Organization
Public Prosecution Service of Canada
Lawyer(s)

Mary Softly

  • Appellant: Brandon Osadchuk appealed against a Tax Court of Canada decision which struck down his appeal related to his 2009 and 2010 income tax assessments.

  • Basis of Appeal: Osadchuk's argument was that as a "free human being," he cannot be recognized as a person under the Income Tax Act without his consent, and therefore, he is not liable to pay income taxes.

  • Tax Court's Decision: The Tax Court had dismissed Osadchuk's appeal, finding it had no reasonable prospect of success. The court identified his arguments as "Organized Pseudo-Legal Commercial Argument" (OPLCA), which are typically without merit in Canadian law.

  • Federal Court of Appeal's Ruling:

    • Confirmed the Tax Court's decision, finding no error in striking Osadchuk's appeal.
    • Rejected the appellant's argument differentiating between a human being and a natural person, citing precedent cases.
    • Emphasized that consent is not required for tax liability under Canadian law.
    • Stated that international treaties, unless implemented by statute, do not override Canadian domestic law.
  • Court's Recommendations: The court suggested that similar appeals could be summarily dismissed to save court resources.

  • Outcome: The appeal was dismissed with costs awarded in accordance with Tariff B of the Federal Courts Rules.

Federal Court of Appeal
A-270-21
Taxation
Respondent
15 October 2021