Fiscal chaos RIP (Lionel Smith, 11 Jan 2007)

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Sender:	Lionel Smith
Date:	Thu, 11 Jan 2007 12:06:26 -0500
Re:	Fiscal chaos RIP

Released this morning is Kingstreet Investments Ltd. v. New Brunswick (Department of Finance), 2007 SCC 1, in which the SCC decides that a claim for restitution of ultra vires taxes is not a claim in unjust enrichment at all, but purely a matter of public law, which has its own principles.

Whether or not that is going a bit far, we see that the fiscal chaos doctrine has been rejected, and so also has the defence of passing on. Good news for the little guy.

Lionel

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