The taxpayer successfully appealed from reassessments denying the deduction of interest by it on a participating bond for its 1987 and 1988 taxation years, but did not file objections or waivers with respect to reassessments denying the deduction of interest on the bond for its 1989-1991 taxation years.
After finding that s. 152(4.3) did not permit the Minister, in giving effect to the successful appeal of the taxpayer for the 1987 and 1988 taxation years, to allow the deduction of participating interest for the 1989 to 1991 taxation years, Evans J.A. rejected a submission that s. 165(1.1) permitted the taxpayer to object to the Minister's reassessments for the 1989 to 1991 taxation years (in which the deduction of additional non-capital losses was allowed) on the basis that such reassessments had not also allowed the deduction of participating interest for the 1989 to 1991 taxation years. Evans J.A. stated (at p. 5089) that
"The right to object under subsection 165(1.1) does not extend to an objection to a reassessment under subsection 152(4.3) when the reason for the objection could not have been the subject of a reassessment under subsection 152(4.3) ... [T]hat there is no sufficiently close relationship ... between the change in Sherway's balance in 1987-88 and the deductibility of participating interest in 1989-91."