Woods J. found that a reassessment made beyond the limitations period is void rather than voidable. Therefore, the taxpayer was under no duty to file an objection. She stated (at para. 62):
In my view, Canadian Marconi is strong authority that an out-of-time reassessment is void absent an allegation of fraud or misrepresentation. There is no such allegation in this case.
She also noted obiter that she questioned the common agreement of the parties that "a so-called nil assessment is still an assessment for purpose of the Act," and noted that in Interior Savings Credit the Court had stated that "an assessment which assesses no tax is not an assessment."