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Subscribe to this list via RSS Blog posts tagged in Legal Capacity

The recent decision of the Federal Court of Canada (the “FC”) in Canada v. Toronto Dominion Bank, 2018 FC 538, (“TD Bank”) could make it much more difficult for business owners to get personal loans and mortgages.

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CRA assessments can have devastating financial consequences that commonly push taxpayers into bankruptcy.  In considering bankruptcy, the taxpayer should take into account the extent to which the bankruptcy will impose limitations on the taxpayer’s ability to contest the assessment itself.  Section 71 of the Bankruptcy and Insolvency Act (BIA) specifies that a bankrupt ceases to have any capacity to deal with its “property”, which is a broadly defined term and has the effect of virtually eliminating the bankrupt’s ability to maintain legal actions.  The extent to which the BIA has a limiting effect on a bankrupt taxpayer’s ability to contest an assessment in the Tax Court of Canada (“TCC”) was at issue in the decision in Schnier (2015 TCC 160).

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