The taxpayers ran a commercial fishing business. Because a substantial portion of that business was operated on a cash basis, a CRA auditor used a net worth assessment to determine that the taxpayers' income was under-reported. One of the three taxation years was beyond the normal assessment period, and the Minister assessed penalties under s. 163(2).
Tardif J agreed with the Minister's income adjustments (subject to small corrections) but not with the penalties or out-of-period reassessment. The net worth assessment was warranted in the circumstances, and it had been performed soundly. However, there was no evidence of dishonesty or negligence. Moreover, a disparity between the taxpayers' reported income and the amount determined under the net worth assessment did not in itself prove misrepresentation.