Tax Court judge properly advising taxpayer it was not role of Tax Court to provide legal advice

Federal appeal | Tax | Income tax | Administration and enforcement

Taxpayer received nil assessments. Tax Court of Canada quashed taxpayer’s appeal because no tax, interest or penalty was assessed under federal income tax law. Taxpayer appealed. Appeal dismissed. Unless taxpayer challenged taxes, interest or penalties assessed, there was nothing to appeal. No relief could be provided from Tax Court from notification that no tax was payable, even if there may have been federal tax owing or amount was payable under provincial law. Tax Court did not breach principles of natural justice and procedural fairness, as judge properly advised taxpayer that it was not role of Tax Court to provide her with legal advice.

Segura Mosquera v. Canada (2018), 2018 CarswellNat 5272, 2018 CarswellNat 5788, 2018 FCA 170, 2018 CAF 170, D.G. Near J.A., Yves de Montigny J.A., and Judith M. Woods J.A. (F.C.A.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Ontario Superior Court confirms License Appeal Tribunal cannot award punitive damages

Ontario Superior Court grants extension for service of expert reports in medical negligence case

Ontario Court of Appeal denies builder's request for a trial on damages in a real estate dispute

Liberal MPP’s bill aims to ‘depoliticize’ and clear backlog from Ontario’s tribunal system

Ontario Superior Court awards damages after real estate deals fail due to broker's conflicting roles

Ontario Superior Court rejects jury trial in motor vehicle accident case due to procedural delays

Most Read Articles

Liberal MPP’s bill aims to ‘depoliticize’ and clear backlog from Ontario’s tribunal system

Ontario Superior Court awards damages after real estate deals fail due to broker's conflicting roles

Ontario Superior Court rejects jury trial in motor vehicle accident case due to procedural delays

Ontario Court of Appeal denies builder's request for a trial on damages in a real estate dispute