The Minister reassessed the taxpayer and set out precise items of income which were being disallowed as part of resource profits and, in filing a notice of objection, the taxpayer objected to the disallowance of those same items, describing them in the same fashion as the Minister. The taxpayer was precluded from later having its notice of appeal in respect of the same matter amended to include five new items of income in the computation of resource profits. However, Malone J.A. noted, obiter, (at p. 6007) that "it is arguable that there may be situations where an amendment to a notice of appeal could be permitted if the amendment goes only to quantum and does not entail the raising of a new issue".
Malone J.A. also stated (at para. 4):
The Large Corporation Rules were enacted in 1995 to discourage large corporations from engaging in a full reconstruction of their income tax returns for a particular year, after the objection or appeal process has started, based on developing interpretations and the outcome of court decisions in litigation involving other taxpayers