MNR v. Foot, 64 DTC 5196, [1964] CTC 317 (Ex Ct), briefly aff'd 66 DTC 5072 (SCC) -- summary under Subparagraph 152(4)(a)(i)

The taxpayer, who underreported his income in his returns but pleaded (p. 5197) that "he honestly believed in the truth of the information contained therein" at the time he filed them, was validly reassessed by the Minister beyond the six-year limitation period referred to in s. 42(4) of the 1948 Act, which permitted the Minister to reassess at any time where the taxpayer had "made any misrepresentation or committed any fraud in filing the return". Dumoulin J. stated (at p. 5198) "that 'any misrepresentation' is synonymous with the expression 'incorrect' in the Income or Tax Act (the predecessor of s. 42(4)). He also stated (at p. 5199) that "reticence can constitute misrepresentation in circumstances where there is a duty on the representor to state certain matters, if they exist, and where, therefore, the representee is entitled as against the representor to infer the non-existence of such matters from the representor's silence as to them".