The Minister's reassessment of the taxpayers' 1988 taxation year beyond the normal reassessment period, on the basis that various claimed expenses were household expenses, was not permitted. Bowman T.C.J. stated (at para. 13) that "a misrepresentation within the meaning of subparagraph 152(4)(a)(i) means a misrepresentation of fact", and that judgments as to the allocation of expenses between business and personal are not the subject of misrepresentation, that it had not been established that the taxpayers had suppressed any material facts and that the bold assertion in the Reply of the Minister that the Minister had "assumed" a misrepresentation was inappropriate where the Minister must prove a misrepresentation. He further stated:
"The precise misrepresentation alleged to have been made must be set out with particularity in the reply and proved with specificity. Three essential components must be alleged in pleading misrepresentation: (i) the representation; (ii) the fact of its having been made; and (iii) its falsity."