After there was an acquisition of control of a predecessor of the taxpayer ("Holdco") on October 16, 1987 (thereby giving rise to a new taxation year on that date). A return for Holdco was filed for the period October 1, 1987 to September 30, 1988. Later, counsel for the taxpayer prepared and filed three income tax returns for the period October 1, 1987 to October 15, 1987; October 16, 1987 to October 31, 1987; and November 1, 1987 to September 29, 1988 (being one day before the amalgamation of Holdco and another corporation giving rise to their continuation as the taxpayer).
O'Connor TCJ. found that the first single return did not entail an adoption by Holdco of a September 30 year end given that it was erroneous as it included two taxation years, and exceeded 53 weeks.