After having filed returns for 1998-2001 that were essentially correct, the taxpayer submitted fraudulent T1 Adjustment Requests. Bocock J found that the Minister was justified in assessing s. 163(2) penalties for the misrepresentations on the Requests, and for assessing such penalties beyond the normal reassessment period.
The taxpayer's principal argument was that a T1 Adjustment Request is not a "return, form, certificate statement or answer" under the Act, as all these words have specific meanings. Bocock J stated (at para. 22):
The use of this [T1 Adjustment Request] "form", although not officially prescribed under the Act, is a fast, convenient and accepted method by which taxpayers make application for a determination under subsection 152(4.2) of the Act. To suggest that [we] should not consider this "application" as a "form" containing "statements" ... is not legally supportable.