Within the normal reassessment period, the Minister reassessed the taxpayer's 1987 taxation year to permit the deduction, at the taxpayer's request, of a loss carry back from 1988 and then, beyond the normal reassessment period but within the extended reassessment period, the Minister reassessed the taxpayer's 1987 taxation year to disallow the deduction of the loss carry back from 1988. The Tax Court had determined that the Minister was not entitled to so reassess because s. 152(4)(b)(i) only authorized a single reassessment.
The Court held (at p. 6377) "that the Minister had the power to reassess the respondent more than once beyond the normal assessment period, providing that the reassessments took place within the extended reassessment period". The phrase "at any time" when used in relation to a power to do a thing was not confined to just one execution; and although the equivalent phrase was missing from the French version of the preamble, the phrase "à un moment donné" was implicit in the French version.