Post 25--The Taxman: A Wild Canadian Bronco (2)

I ended the last post with the promise that there was more to come about this wild Canadian taxman.  So, here goes….

In 2006, Irvin’s Member of Parliament (MP) took up his case with the Minister of National Revenue. The MP was told that the CRA does not have a mechanism to compensate wronged taxpayers!  But if Irvin would file a new lawsuit for damages, the CRA would settle out of court. So he did, expecting a settlement. 

Nope!  The CRA lawyers fought tooth and nail filing applications and appeals to have the case dismissed. It took seven long years to have it reach trial. As the CTF told it:

During these years, Irvin’s ordeal became public, touching off a groundswell of support…. He was overwhelmed by letters from other Canadian who told him of their own horror stories with the CRA and contributed money to help keep his case going. 

It became apparent that this wasn’t a one-off case of taxpayer wrongdoing by the CRA. It was much bigger than that.  It was about reining in the power of a government agency with almost unchecked power.

The Supreme Court of BC ruled that the CRA owed a “duty of care” to Irvin, i.e.” to treat him in a non-negligent manner.”  Now that sounds pretty tame  in this context, but the CRA is appealing this ruling, claiming it does not have any legal “duty” to taxpayers or that it should be held to account when it is negligent!  Can you believe it? In this civilized country?  Can you now understand why I am livid? 

The CTF has decided to take up this case. It intends to fight to protect this “duty of care” obligation on the part of CRA.  This is “about reining in the power of a government agency with almost unchecked power.” It doesn’t have the money and is appealing for donations.  You can contact them at
< admin@taxpayer.com >.  It could happen to you. Irving did not think it ever would to him either.