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Apr 22, 2022

Federal Court Dismisses Motion to Strike Judicial Review Application on Voluntary Disclosure

Louise R. Summerhill and Monica Carinci

On March 13, 2022, a prothonotary of the Federal Court of Canada dismissed the Crown’s motion to strike the judicial review application of Milgram Foundation (the “Foundation”). The Foundation made a voluntary disclosure to the Canada Revenue Agency, which resulted in assessments for certain years. After the CRA agreed to the voluntary disclosure and the process was complete, the CRA engaged in a second audit, which resulted in additional assessments. The Foundation applied for judicial review of the Minister’s decision to renege on the agreement, on the basis that: the decision is fundamentally unfair; an abuse of process; a departure from established administrative practices; and a violation of the Foundation’s legitimate expectations. The Crown brought a motion to strike the application, which was dismissed. The prothonotary held that the Foundation’s judicial review application was not bereft of success, as it consists of cognizable administrative law claims properly before the Federal Court.

Aird & Berlis represented the Foundation with a team including Louise Summerhill and Monica Carinci.

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