Marshall Haughey and Wade Ritchie write in Canadian Tax Focus on "Correcting Tax Mistakes: Rescission Reborn".
They look at how in the first Canadian appellate court rescission case decided after Fairmont and Jean Coutu, the BCCA in Collins Family Trust dismissed the Crown's appeal and upheld the BCSC's rescission order. In doing so, the BCCA affirmed Re Pallen Trust—a leading rescission case decided before Fairmont and Jean Coutu—and gave new life to rescission as an equitable remedy in tax cases.
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