1057513 Ontario Inc. – Federal Court of Appeal states that RDTOH is not reduced by unclaimed dividend refunds

The taxpayer was ineligible for dividend refunds for various years because it did not file the returns claiming the dividend refunds within three years of the taxation year ends in question.

However, Webb JA stated obiter that the unclaimed refunds did not reduce the taxpayer's refundable dividend tax on hand. This comment is consistent with Tawa, MSH and Ottawa Ritz (the latter also a decision of Webb) in the Tax Court and is inconsistent with the CRA position (see 2012-0436181E5).

Neal Armstrong. Summaries of 1057513 Ontario Inc. v. The Queen, 2015 FCA 207 under s. 129(1) and s. 129(3).