Federal Court allows Akanda Innovation Inc. v. The Queen (2018 TCC 35) appeal

November 21, 2018

Akanda Innovation Inc. v. The Queen (2018 FCA 200)

On November 1, 2018, the Federal Court of Appeal concluded that the Tax Court of Canada erred in dismissing the application for an extension of time for Akanda Innovation Inc. (“Akanda”), thus allowing the appeal and setting aside the Order of the Tax Court. Issuing the order that the Tax Court should have granted, the Federal Court has allowed Akanda to bring forward an application for an extension of time in order to bring an application under Rule 140(2) to set aside two default Judgements issued on March 10, 2017.

David Chodikoff (Tax Litigation) and Jane Loyer (Corporate Tax) represented the appellant, Akanda Innovation Inc., before the Federal Court of Appeal.