The taxpayer had disposed of half his interest in a rental property. His accountant informed him that a "rollover" was available for this disposition, such that he would not realize a capital gain on the disposition until he disposed of the other half. No such rollover provision in fact existed, and the Minister reassessed the taxpayer beyond the normal period.
After finding (at para. 26) that the phrase "person filing the return" referred to an authorized signatory of a taxpayer described in s. 150 rather than a person who merely prepares the return, and finding (at para. 34) that "it is not the accountant's neglect that makes it possible to disregard the limitation period," Hogan J granted the taxpayer's appeal, as he found no neglect etc. by the taxpayer, given that the taxpayer had carefully reviewed the return and asked probing questions about the "rollover." Hogan J stated (at para. 47):
The appellant knew the normal tax treatment of the transaction he had just completed. A specialist, namely his accountant, told him of another treatment, one that was more complicated but advantageous. The appellant asked some questions [in a meeting lasting more than an hour] and accepted the specialist's advice. He then reviewed the return and signed it. What more would a wise and prudent person have done?