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The Federal Court partly struck an amended claim alleging CRA discrimination, keeping potential contract and negligent misrepresentation claims while striking fraudulent misrepresentation, section 6 Charter, and systemic relief claims.
It was not plain and obvious that the Crown's tax shelter allegation had no reasonable prospect of success because the statutory definitions do not expressly require that the person making the statements act on behalf of the vendor; therefore the Tax Court erred in striking those parts of the Reply and the Crown must be permitted to file an amended Reply to clarify its legal reasoning.
Source excerpt
The court struck a civil claim against the Attorney General of Canada and CRA employees, holding the defamation claim was absolutely privileged and the rest disclosed no reasonable cause of action.
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