Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses malicious prosecution.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Tony Samaroo and his wife ran a business in Nanaimo, BC. They were accused of the Canada Revenue Agency of scheming $1.7 million from their business over the course of several years.
After the trial for tax evasion, they were acquitted and they brought a subsequent lawsuit against the Canada Revenue Agency alleging that there had been a malicious prosecution against them. That lawsuit was dismissed and that finding was upheld at the Court of Appeal.
Is the standard for proving that a prosecution is malicious too high in the context of tax evasion cases so as to make it impossible for anyone who is subjected to a potentially malicious prosecution for tax evasion to be successful?
Watch the video for more.
