Part II: Discussion of the Litigation Issues
In the first part of this case comment relating to the decision of the Tax Court in On-Line Finance & Leasing Corporation v. The Queen, I discussed the leasing issues commented upon by the Court. In this second part, I describe the tax litigation issues to demonstrate how complicated transactions can result in odd outcomes when litigated—particularly, where a successful interlocutory motion has an unanticipated impact at trial. The Crown’s preliminary motion to exclude evidence (the “Preliminary Motion”) was held to apply to evidence that the Crown sought to introduce at trial. This case makes an excellent canvass of the parol evidence rule as it relates to the interpretation of contracts and breaks new ground, ruling that the Crown is bound by this rule in interpreting a taxpayer’s contract.
To read the full article, download the PDF here.
To discuss these issues, please contact the author(s).
This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.
For permission to republish this or any other publication, contact Janelle Weed.
© 2017 by Torys LLP.
All rights reserved.