SATNAM MAND v. HIS MAJESTY THE KING
SATNAM MAND
Law Firm / Organization
Independent
HIS MAJESTY THE KING
Law Firm / Organization
Department of Justice Canada
  • 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:

    • Dismissed the main appeal, upholding the Tax Court's findings.
    • Agreed with the parties that the Tax Court erred in the costs award.
    • Varied the Tax Court's costs award to a lump sum of $3,000.
    • Awarded costs for the appeal to the respondent, fixed at an all-inclusive amount of $2,000.
  • 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.

Federal Court of Appeal
A-1-22
Taxation
$ 2,000
Respondent
04 January 2022