SR&ED claims of the taxpayer for various projects had been denied. The Crown now sought to amend its Reply to allege that the work conducted was in the field of psychology rather than dermatology and make related submissions.
Before allowing these amendments, Jorré J referred to the statement in Continental Bank that “[t]he Crown is not permitted to advance a new basis for reassessment after the limitation period has expired.” He then (at para. 28) stated (without need to refer to s. 152(9)) that:
In this case, based on the pleadings, the foundation or main constitution element of the assessment is that certain activities do not constitute scientific research or experimental development within the meaning of the Income Tax Act. The proposed amendments involve adding factual allegations in support of that. The proposed amendments do not constitute a new or additional basis of assessment.