Before going on to find that the Minister’s pre-approval of an ITC calculation methodology under s. 141.02(20) did not preclude subsequent reassessments to deny the zero-rated status of supplies which had been assumed under such methodology, Smith J stated (at para. 45):
I find that paragraph 141.02(31)(f) merely confirms that a financial institution has the onus of establishing that the “particular methods (…) were used consistently” during the fiscal year at issue. This creates an evidentiary burden that would likely have existed in any event given the nature of tax litigation.