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Decision Information

Decision Content

                                           SUPREME COURT OF NOVA SCOTIA

                                Citation: Columbia North Realty Company, Re, 2005 NSSC 212

 

                                                                                                                               Date: 20050714

                                                                                                                      Docket: S.H. 250793

                                                                                                                              Registry: Halifax

 

 

 

IN THE MATTER OF:           The Companies Act of Nova Scotia, being Chapter 81 of the Revised Statutes of Nova Scotia, 1989 and amendments thereto

 

                                                                         - and -

 

IN THE MATTER OF:           The application of Columbia North Realty Company for an Order of rectification pursuant to subsection 44(2) of the Companies Act and the inherent equitable jurisdiction of this Honourable Court

                                                                             

                                                                             

 

 

 

                                                         LIBRARY HEADING

 

 

 

 

Judge:                                   The Honourable Justice C. Richard Coughlan

 

Heard:                                   July 14, 2005 (in Chambers), at Halifax, Nova Scotia

 

Decision:                              July 14, 2005 (Orally)

 

Written Release:                 July 28, 2005            

 

Subject:                                Company Law - Application for Rectification of Articles of Association, Share Register and other actions of the Company affecting prior year’s Income Tax - Notice Required

 

Practice - Applications and Motions - Application for Rectification of Articles of Association, Share Register and other actions of the Company affecting prior year’s Income Tax - Notice required


 

 

 

Summary:                            A company applied to rectify its Articles of Association, Share Register and other actions of the Company retroactively, which would reduce the income tax payable by the company in prior years.                

 

Issue:                                    Should notice be given to Canada Revenue Agency or  Minister of National Revenue?

 

Result:                                  An order of a superior court retroactively rectifying actions of a company binds all, including the Minister of National Revenue, unless the order is appealed.  Where an order is sought which would affect the income tax payable in prior years, notice should be given to the Minister of National Revenue or Canada Revenue Agency of the application so  that the Agency or the Minister may make submissions to the court.

 

 

 

 

 

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