Coutre v. The Queen, 2009 DTC 1719, 2009 TCC 456 -- summary under Res Judicata

After the Tax Court issued a judgement allowing the taxpayer's appeal in respect of an assessment on him of an s. 15(1) benefit on the basis that the fair market value of the property transfers giving rise to the benefit were lower than assessed, the taxpayer launched a fresh appeal to the Tax Court on the basis that the amount of the benefit to him should be reduced by balances in his shareholder's loan account with the corporation. In finding that the doctrine of res judicata barred this second appeal, McArthur, J. noted (at para. 20) that the taxpayer "could have brought forward the argument offsetting his shareholder loans against the benefit during the first appeal."