The applicant (Banff Caribou) sought to file amended returns in order to attach letters electing to treat certain depreciable capital properties as falling into separate classes of eligible non-residential buildings pursuant to Reg. 1101(5b.1). Sadrehashemi J dismissed the application of Banff Caribou for judicial review of the Minister’s refusal to permit the filing of the amended returns on the basis that Banff Caribou’s attempt to file an amended tax return amounted to a request for the CRA to accept a late-filed election, which was contrary to the closed list of elections provided in Reg. 600. She stated (at paras. 21, 28):
I agree with the Respondent that the Applicant’s request to amend its returns amounts to a request to late-file an election under subsection 1101(5b.1). The Applicant’s only proposed amendment to its returns is to attach election letters. …
[T]he … courts have found that late-filed elections cannot be accepted for provisions not expressly listed in the ITA and the Regulations as allowing late-filed elections … .