The ARQ assessed the taxpayer within two years of the taxpayer’s dissolution pursuant to s. 210(3) of the CBCA. Six days later, and also within the two-year period, the ARQ revived the taxpayer pursuant to s. 209 of the CBCA.
In rejecting the taxpayer’s submission that the notice of assessment should have been for a nil amount since, at the time of its issuance, the taxpayer was still dissolved, Breault JCQ adopted the proposition in Watts (2023 TCC 11) that the Minister could assess a dissolved corporation within two years of its dissolution pursuant to s. 226(2)(b) of the CBCA and, following such two-year period, could also assess it if the corporation was revived. Here, given that both the assessment and revival occurred within the two-year period, the assessment was clearly valid.