R. v. McKinlay Transport Ltd., 87 DTC 5051, [1988] 1 CTC 421 (Ont HC), aff'd 88 DTC 6314, [1988] 1 CTC 426 (Ont CA), further, aff'd 90 DTC 6243, [1990] 1 SCR 627 -- summary under Section 231.2

By services, 28 November, 2015

The recipient of a demand under s. 231(3) can successfully attack such demand before prosecution for failure to comply on a number of grounds including the following:

  1. That a reasonable time for production has not been afforded ...
  2. That the Minister is engaged in a fishing expedition and not a serious enquiry as to some taxpayer's liability.
  3. That the documents demanded are not germane or relevant to the issues between the parties.
  4. That the documents are privileged.
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