CyberSmokeBlog.blogspot.com: "Collection Agency Canada" gets smash mouth whacked!

CFT declares victory in duty of care court challenge

VANCOUVER, BC: The Canadian Taxpayers Federation (CTF) is declaring victory in the court battle to save the historic ‘duty of care’ court ruling against the Canada Revenue Agency (CRA).

This morning a panel of three judges in the British Columbia Court of Appeal accepted an agreement between Irvin Leroux and the CRA that ends the proceedings, leaving intact the ‘duty of care’ ruling achieved in the April 2014 court case between Mr. Leroux and the CRA. The CTF has been paying Mr. Leroux’s legal costs during the appeal stage in an effort to protect the ‘duty of care’ ruling.

“We are very pleased with this outcome,” said CTF Federal Director Aaron Wudrick. “Taxpayers across this country will benefit from the court saying the tax-man has to treat people fairly.”

“I'm so grateful that this 19-year battle is over and that there is now an avenue that Canadian taxpayers have to hold the CRA accountable if the CRA causes them harm or loss,” said Irvin Leroux.

Mr. Leroux had appealed a lower court decision to not award him damages, and the CRA appealed the same decision seeking court costs and the overturning of the ‘duty of care’ principle. As a result of the agreement between Mr. Leroux and the CRA, the proceedings have now concluded.

“It’s sad that Irv isn’t getting compensated for his losses, but he’s a real hero for having fought this battle for 19 years,” said CTF B.C. Director Jordan Bateman. “All taxpayers across Canada owe Irv a thank you for sticking it out for so long to get the duty of care ruling.”

That BC Supreme Court Justice Humphries had ruled the CRA owed this ‘duty of care’ to Mr. Leroux was viewed by many tax lawyers as precedent setting, as previous court cases found the CRA only owed a ‘duty of care’ to the minister of revenue. As Alison Gray, a partner with Bennett Jones wrote at the time: “for Canadian taxpayers, Leroux is a winning decision, as it reinforces the CRA’s accountability in issuing assessments, auditing and imposing penalties ... the Leroux decision provides an additional check on what can and cannot be done by employees of the CRA in the course of their duties.”