Appellant
Respondent
Case Background: Satnam Mand appealed against the Tax Court of Canada's order which dismissed his appeals for the 2007 and 2008 taxation years and awarded costs of $7,500 to the respondent.
Key Issue: The central issue was whether timely notices of objection had been served for the 2007 and 2008 taxation years, a prerequisite for filing a valid appeal under the Income Tax Act.
Tax Court's Findings: The Tax Court preferred the respondent's evidence over the appellant's, concluding it was more likely that Mand did not properly serve the notices of objection in a timely manner.
Appeal's Focus: The appeal was centered on whether the Tax Court committed an error in law or a palpable and overriding error of fact or mixed fact and law.
Costs Award Error: Both parties agreed that the Tax Court erred in law by making a costs award without hearing from them on the issue.
Federal Court of Appeal's Decision:
Conclusion: The appeal was allowed only to the extent of varying the Tax Court's order on costs, maintaining the dismissal of Mand's appeals for the taxation years in question.
Court
Federal Court of AppealCase Number
A-1-22Practice Area
TaxationAmount
$ 2,000Winner
RespondentTrial Start Date
04 January 2022Download documents