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Income tax act 2026 TCC 72

Mohamed v. The King

The Tax Court dismissed an appeal for Canada Child Benefit eligibility, holding the appellant was not a protected person under IRPA and rejecting a Charter challenge.

  • Canada child benefit eligibility
  • Protected person definition
  • Serious criminality exclusion
  • Section 15 equality analysis
  • Statutory interpretation
  • Pre-removal risk assessment
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Income tax act 2026 TCC 53

Kelly v. The King

The Tax Court gave GLGI appellants a final chance to explain why their appeals should not be struck as abuse of process, with written submissions due by April 24, 2026.

  • Abuse of process
  • Group appeals
  • Donative intent
  • Judicial economy
  • Finality
  • Lead case procedure
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Tax law 2026 TCC 42

ExxonMobil Canada Resources Company v. The King

The Tax Court upheld the reassessment extension, found ExxonMobil’s feasibility study costs deductible, rejected subsection 247(2), and vacated the Part XIII assessment.

  • Deductibility of business expenses
  • Reassessment period/statute-bar
  • Section 247 transfer pricing adjustments
  • Part xiii withholding tax
  • Assignment/joint venture and privity
  • Summary judgment/non-suit
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Income tax act 2026 TCC 43

Sechelt Holdings Inc. v. The King

The Tax Court quashed Sechelt Holdings Inc.’s appeal, finding the dispute arose from a discretionary refusal to extend time for a late election, with no appealable reassessment or valid objection.

  • Late election under s.220(3.2)
  • Jurisdiction of tax court
  • Notice of assessment and objection
  • Determination vs discretionary decision
  • Judicial review
  • Tax-court-jurisdiction
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Income tax act 2026 TCC 36

Culig v. The King

The Tax Court of Canada compelled answers to four discovery undertakings, amended the timetable, and awarded costs to the Crown in a tax appeal about real estate dispositions and penalties.

  • Undertakings
  • Examination for discovery
  • Relevance of discovery
  • Case management
  • Costs
  • Penalties s.163(2) ita
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Income tax act 2026 TCC 31

Opheim v. The King

Motion to designate David Hawreluk as a sole lead case was dismissed. The Court held Rule 146.1 requires consent of each party and that the requested direction was not in the interests of justice.

  • Lead case designation
  • Rule 146.1
  • General anti-avoidance rule (gaar)
  • Case management
  • Costs
  • Lead-case-designation
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Tax law 2026 TCC 22

Marleau v. The King

The Tax Court partly allowed Barbara Marleau’s appeal, striking s. 94.1 income for 1998-2001 and allowing 2002-2010 as statute-barred, while denying 1997 and sustaining consulting income additions.

  • Statute-barred reassessment
  • Subparagraph 152(4)(a)(i) exception
  • Section 94.1 offshore investment fund property
  • Misrepresentation/neglect/carelessness
  • Reassessment procedure
  • Statute-barred-reassessment
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Income tax act 2026 TCC 16

Gao v. The King

Le tribunal a refusé de rejeter l’appel pour non-comparution, a ordonné une nouvelle découverte de l’appelant au Canada et a accordé des dépens à l’intimé.

  • Form t1135 filing obligations
  • Statute‑barred reassessment
  • Examinations for discovery
  • Dismissal for non‑compliance with procedural orders
  • Costs thrown away
  • Rule 110/116 sanctions
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Income tax act 2026 TCC 5

1478873 Ontario Inc. v. The King

Motion in a CEWS/CERS tax appeal partly granted: procedural fairness pleadings and a non-available remedy were struck, but most CERS-related facts and grounds remained.

  • Cews
  • Cers
  • Gross negligence penalty (s.163(2) ita)
  • Procedural fairness
  • Striking pleadings under rule 53(1)
  • Tax court jurisdiction
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Income tax act 2026 TCC 14

Tolley v. The King

The Tax Court dismissed Mr. Tolley’s application to extend time to object to reassessments, holding objections to the 2011 and 2012 reassessments were barred by the Act.

  • Extension of time
  • Notice of objection
  • Reassessment
  • Taxpayer relief
  • Limitation period
  • Cpp refund
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.