Close X
Sunday, November 24, 2024
ADVT 
National

CRA Wins Appeal Against B.C. Couple Who Alleged 'Malicious' Tax Evasion Probe

Darpan News Desk The Canadian Press, 10 Apr, 2019 07:02 PM

    VANCOUVER — The British Columbia Court of Appeal has set aside a $1.7-million damage award to a Vancouver Island couple who a lower court had said were ruined through the "malicious" actions of the Canada Revenue Agency.


    Tony and Helen Samaroo were operating a restaurant, night club and motel in Nanaimo in 2008 when they were charged with 21 counts of tax evasion for allegedly skimming $1.7 million from their businesses.


    They were acquitted of all charges in provincial court in 2010 in what the judge hearing the case agreed amounted to the Crown using "voodoo accounting" to support its case, and the couple then sued for malicious prosecution.


    A B.C. Supreme Court judge ruled last year that the Samaroos were the victims of an "egregious" prosecution based on an unfounded theory and suspicion about the alleged tax evasion.


    But in a decision released Tuesday on behalf of the three-judge panel, Justice David Harris says the trial judge was wrong to base his analysis on the idea that tax evasion can't be proven without also proving exactly how it was done.


    As a result, Harris says the judge dismissed some relevant evidence as "mere hypothesis," instead of recognizing there was a reasonable and probable cause to launch a case.


    Because the analysis was faulty, Harris says it's unnecessary to look at whether the trial judge erred in his conclusion that the Crown was motivated by malice or the investigator for the Canada Revenue Agency acted for an "improper purpose."


    "When the correct legal test is applied properly to the elements of the offence, with a correct onus of proof in a claim of malicious prosecution, and viewing the issue objectively, the Samaroos cannot succeed in showing that there was an absence of reasonable and probable cause to initiate and continue the prosecution," the decision says.

    MORE National ARTICLES

    Sukhmander Singh Owner Of Truck In Broncos Crash Pleads Guilty To Safety Charges, Fined $5K

    The owner of the transport truck involved in the deadly Humboldt Broncos bus crash has admitted he did not follow provincial and federal safety rules.

    Sukhmander Singh Owner Of Truck In Broncos Crash Pleads Guilty To Safety Charges, Fined $5K

    Public Art 'Fixture' In Downtown Nanaimo, B.C., Stolen: RCMP

    NANAIMO, B.C. — RCMP say a piece of public art that was a fixture in downtown Nanaimo, B.C., has been stolen.

    Public Art 'Fixture' In Downtown Nanaimo, B.C., Stolen: RCMP

    B.C. Seaplane Company's Plan For Electric Fleet Is Set For Take Off

    VANCOUVER — A seaplane company in British Columbia says it is partnering with an engineering firm with the goal of becoming the world's first all-electric airline.

    B.C. Seaplane Company's Plan For Electric Fleet Is Set For Take Off

    Ridge Meadows RCMP Looking For Man Accused Of Offering Ride To 12-Year-Old Girl

    Police are asking for the public's help in identifying a man who allegedly offered a 12-year-old girl a ride home near a school in Maple Ridge, B.C.

    Ridge Meadows RCMP Looking For Man Accused Of Offering Ride To 12-Year-Old Girl

    Pedestrian Killed In Coquitlam, B.C., Crash Identified As 13-Year-Old Girl

    COQUITLAM, B.C. — Police say a 13-year-old girl was the pedestrian who died after a collision on Monday at an intersection in Coquitlam, B.C.    

    Pedestrian Killed In Coquitlam, B.C., Crash Identified As 13-Year-Old Girl

    BC Coroners Service To Hold Public Inquest Into Teen's Overdose Death

    VICTORIA — The BC Coroners Service says it has scheduled a inquest into the overdose death of a Victoria teenager last year.

    BC Coroners Service To Hold Public Inquest Into Teen's Overdose Death