Scott J. found that the Barnabe Estate principle, which allowed elections to be made by the estate of a deceased person, did not apply to a late-filed election by a corporation that had been wound up. The required T2057 form was signed only by the transferor and not by an officer of the transferee corporation. Scott J. stated (at para. 44):
It is also well established in jurisprudence that a person cannot bind a corporation after its dissolution unless the corporation is subsequently revived... .
Moreover, the applicable standard of review for a late filing under s. 85(7.1) is reasonableness, and there was nothing unreasonable about the Minister's decision to disallow a wound-up corporation from making an election that a wound-up corporation lacks the capacity to make (para. 45).