Canada (The King) v. MICROBJO PROPERTIES INC., 2023 FCA 157 -- summary under Subsection 45(2)

In rejecting the taxpayers’ submission that the introduction of s. 160(5) confirmed its narrow reading of s. 160(1), Noël C.J. stated (at para. 62) that “[n]ew enactments cannot be presumed to alter the state of the law or involve a declaration as to the previous state of the law” and “that the amendment, as it relates to the precise issue with which we are concerned, can only be read as a measure that confirms the prior state of the law.”