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‘Duty of Care’: Holding the Taxman to Account
News Analysis
With tax season approaching and people and businesses across the country preparing to file their taxes, past cases involving taxpayers’ grievances are giving rise to questions about tax collectors’ reciprocal obligation to Canadians: their “duty of care” to provide fair treatment.
In a case in Quebec, a Revenu Québec error led to 16 years of loss and suffering by a restauranteur cumulating now in a lawsuit seeking compensation that he hopes the Supreme Court will hear.
The provincial tax collector had in 2004 wrongly accused restaurant owner Gary Chionis and his wife Isabelle Desbiens of failing to report $1 million in sales. They won their court challenge in 2012 and were refunded the money they had thus far paid to CRA and Revenu Québec. But by then they had accumulated $350,000 in debt to accountants and lawyers.