How has the Court of Appeal overturned a deemed dismissal of an appeal brought by a respondent who alleges that she made a mistake with respect to her husband's tax liability?
Canada (Federal), Canada
The following excerpt is from Stover v. The Queen, 2016 CCI 235 (CanLII):
In Rutledge v. R., 2004 FCA 88 (CanLII), Justice Létourneau restored the deemed dismissal of the respondent’s appeal and stated that: 19. No allegation of fraud was made by the respondent in the present case. She still lives with her husband. The respondent alleges her own mistake with respect to her husband's tax liability as the fact which led to the dismissal of her appeal. That was obviously not a fact arising after the judgment. Furthermore, it was not, in my view, a fact that could not have been discovered sooner with reasonable or due diligence: . . .
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