Many Questions (and a Few Possible Answers) About the Application of Rectification in Tax Law
Date:
December 15 2006
Although the equitable doctrine of rectification is quite old, it has only recently come to the fore in Canadian tax law. The case that brought it to the attention of most tax professionals was the Ontario Court of Appeal’s decision in Juliar. In this article, Joel Nitikman explores the limits of the doctrine of rectification as it applies to Canadian tax law. In particular, he attempts to determine whether rectification is confined to “classical” situations in which the parties agreed on a particular word but wrote down another, or whether it extends to situations in which the parties agreed to use the very word that was written down but were mistaken as to its legal effect or consequences.
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