Re Pallen Trust – Taxpayer's obtains rescission when plans scuppered by Sommerer case


Rebecca Jones' article appeared on Bill Innes on Current Tax Cases on June 23, 2015, published by Carswell Media.

The areas of rectification and rescission are closely related and are among the most important recent adjuncts to tax litigation outside the context of statutory tax appeals. The Pallen Trust decision may well be a harbinger of other areas where the courts will assist taxpayers who have inadvertently run aground on the shoals of evolving jurisprudence in the Tax Court of Canada or the Federal Court of Appeal. It is illustrative of a certain synergy between the traditional tax litigation bar and the mainstream civil litigation bar....