The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Constitutional law; provincial powers; indirect taxes; Constitution Act; Chadha; Kingstreet; Canfor


 

Passing-on no defence; unlawfully collected taxes must be refunded, Supreme Court rules

Governments must refund money they collect through unconstitutional taxes, and cannot rely on the so-called ""passing-on"" defence to avoid repayment, the Supreme Court ruled in January 2007.The court's rejection of the passing-on defence may have major implications in private litigation, particularly competition (antitrust) cases. [more] Full article