In dealing with proposed assessments of the taxpayers beyond the normal reassessment period, Bowman C.J. stated (at para. 7):
"If the otherwise statute-barred 2001 reassessments cannot be justified under subsections 152(4) and (4.01), the 2003 reassessments in response to the Notices of Objection must also fall. The reason is self-evident: assume a statute-barred assessment is issued and the taxpayer objects on the basis that the assessment is out of time. Could the Minister of National Revenue cure the defect by issuing a reassessment in response to the objection under subsection 165(3) and rely on subsection 165(5)? The question answers itself."