The following excerpt is from Canada (Minister of National Revenue) v. Maciver, 1999 CanLII 8523 (FC):
That case was decided under the pre-1988 version of subsection 225.2(2), but it remains the test under the current version: Deputy Minister of National Revenue v. Atchison, 1989 CanLII 2896 (BC SC), [1989] 1 C.T.C. 342 (B.C.S.C.).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.