Royal Bank of Canada v. The King, 2024 TCC 125 -- summary under Subsection 165(1.11)

The objection of the taxpayer (RBC) referred in detail to the prior acceptance by the Minister off its input tax credit methodology as accepted for purposes of ETA 141.02(20), but did not submit that the Minister was bound by this method for its 2012 fiscal year – an argument that its counsel did not raise until the opening arguments at trial – which the Crown did not object to until the closing arguments at the end of the trial. However, its objection and notice of appeal were focused in detail on the appropriateness of the method for claiming ITCs. Smith J found that, in these circumstances, RBC’s counsel was not precluded from raising this argument by s. 301(1.2), after noting (at para. 26) that the relevant test was whether the issue was reasonably stated.