The taxpayer was unsuccessful in arguing that the March 2010 Budget's amendment to s. 56(1)(n) should not be applied retroactively to 1 January 2010, even though the legislation so requires (her stipend from McGill University for her post-doctoral fellowship was thus no longer an amount received under a qualifying educational program, because her program of study would not lead to a degree). Parliament clearly has the power to legislate retroactively. The taxpayer also argued "on fairness grounds" that the amendment should not be applied until October 2010 when McGill began to withhold income from the stipend payments. The Tax Court has no jurisdiction to suspend legislation on fairness grounds - although Boyle J indicated that the taxpayer "may wish" to pursue interest relief with CRA.
It was unnecessary to evaluate the Minister's submission that the stipend was not only not a scholarship but was employment income. Boyle J stated in obiter dicta (at para. 17):
It does not necessarily follow that because post-doctoral research is not a qualifying educational program that amounts paid to post-doctoral fellows is employment income. If the Government seeks to tax post-doctoral fellows' income as employment income, that will have to await a different case.