Gallant v. The Queen, 2012 DTC 1140 [at 3233], 2012 TCC 119 (Informal Procedure)
Woods J. found that the Crown was not estopped from applying s. 118.61(4) to reduce the taxpayer's unused tuition, textbook and education tax credits, even though relevant tax form (T1 schedule 11) had failed to include that subsection in its computations and even though it appeared that many taxpayers had, because of the error in the form, avoided having their credits reduced by operation of that subsection. Estoppel can bind the Crown on a misrepresentation of fact, but not of law (para. 15). Moreover, estoppel cannot preclude an exercise of statutory duty (para. 17). Woods J. dismissed the taxpayer's appeal but recommended he apply for discretionary relief.
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|Tax Topics - Income Tax Act - Section 152 - Subsection 152(1)||105|
CRA provides an in-depth example of the s. 118.61 formula.