Can the court fix a sum to be paid in lieu of taxation?
British Columbia, Canada
The following excerpt is from Morriss v. Prism Properties Inc., 2011 BCSC 615 (CanLII):
In Interclaim Holdings Limited v. Down, 2002 BCCA 632, Madam Justice Southin discussed circumstances where the court ought to exercise its power to fix a sum to be paid in lieu of taxation, at para. 38. She considered several factors including the amount of court time consumed factors; the additional time that would be taken before the taxing officer and potential appeals from that decision; and the taxing officer would have to learn about the litigation, about which the court already knew, which would be a “duplication of effort.”
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