MacArthur v. MNR, 91 DTC 957, [1991] 2 CTC 2078 (TCC) -- summary under Subsection 227.1(3)

At the closing of a sale of his shares of a corporation carrying on a restaurant business, the taxpayer tendered a resignation which was to become effective upon acceptance by the board of directors (which never occurred). The intent was that he would remain as a director until the new owner received approval from the Nova Scotia Liquor Licence Board. The taxpayer, who did not thereafter participate in any directors' meetings or in management decisions, was absolved from responsibility for the subsequent failure of the corporation to make remittances given that at the date he signed his resignation he "ceased to be a de facto Director of the Company and thereafter was not even in a position to exercise due care, diligence and skill in dealing with payroll deductions" (p. 960).