Disability Tac Credit , Canada Tax Court question

Just a quick question for the group.

I was refused the CRA Disability Tax Credit . I applied to the Canadian Tax Court to have my denial overturned, through an informal hearing , instead of a general court procedure, because my case is under 25 000.

Has anybody had any experience with this, and if so, did you represent yourself, and if so, how did you find the experience, was it impartial and fair ?

Thank you

Hi, you chose the right process. It is very important to always use the Tax Court’s informal process for most DTC claims. It is specifically designed for ease of use and you won’t have to pay the government’s legal costs if you lose. I know the court takes pride in being user friendly (as compared to other courts).

This is an actual court though, so the rules of evidence will be applied more strictly than you would see with Tribunals like CPP disability or workers compensation.

Given that you have already filed your appeal, it is critical to get any additional supporting documents to the court ASAP. Once they set your case for a hearing you will have limited ability to get in new information.

The tax court judges are professional judges and will be fair. The problem is that they will be limited in what they can do based on the evidence and case presented to them.

Don’t hesitate to reach out to us if you want to discuss it further. We can give a free case review.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.

Hello David

Thank you for your response, it was quite helpful to say the least.

You mentioned in your response , that the procedure was done before a judge, and that the informal procedure has almost the same merits as a full general hearing.

I was under the understanding , that it was done in front of a four person panel ? Prime Minister Trudeau disbanded it in 2016, but had to re instate it, due to public pressure a year later.

Could I be thinking of the panel as having jurisdiction in CCP-D case, instead of CRA cases.

Thank you
John

It is a single judge, you are thinking of the Employment insurance appeal tribunal panels that were brought back last year by the Federal Government.

Also, keep in mind that with the informal procedure that your claim is limited to a maximum of $25,000. So, if your tax credit would be more than $25,000 you would either have to agree to limit it to $25,000, or change to the general procedure.

The informal procedure is intended to be similar to a small claims court if that helps to give you an idea. It is designed to be accessible to people without lawyers. However being accessible doesn’t take away the need to make sure you present a case that the judge could approve. If you are missing key evidence the judge will feel bad for you, but will have to deny the claim.

Remember the old saying that courts are not about the truth, but rather what you can prove. You have to focus on proving things in a way that the court will accept. That is the secret in a nutshell.

David

David

As always, I have researched federal tax court case law precedents and rulings on Canlii, that have similarities to my case and I plan to use their rulings as part of my case. About 12 cases quite similar to mine,

I am aware of the difference, it according to the registry clerk, at any moment, I can upgrade my case status either up or down, or just drop it altogether at any time. The problem is, even after a FOI request, CRA will not disclose how much I would have recieved if I would have been entitled to the DTC. So I am fighting with one hand tied behind my back, since the onset.

I am by no means means a lawyer, I will present my case to the best of my abilities, and if , I don’t get a reconsideration, then

  1. I have exercised my right to a hearing on my case

  2. I have learned the intricacies of how to navigate through bureaucracies and push back.

  3. That I have nothing to lose and much to gain, so no harm trying, after all we are a country of rights and freedoms, the charter guarantees that I have the right to justice, and my right includes the ability to fair and equal justice,.

Thank you again David

When I get my revised package and go through it, to the best of my abilities , I will contact your form , for consultation

They don’t know until they do the work.
I found this:


I’m sure they overestimate the amount so they can get your business.

Thank you jammer

As always, good info, and the group can count on your wisdom.

If this is the same company I initially contact, after reading online reviews, I decided to steer,clear of this company. I am sure, they do a good job, but some of the online reviews were not flattering indee, to me it was quite frightening…

Thanks all

Hi. I too was denied when I originally applied.i did appeal it and won.

If you want to sent me a personal email feel free.

Thank you very much for your kind offer.

I will be in touch with you next week if you wish , happy thanksgiving to you and all in the room.

John

Kk sounds good.

Happy Thanksgiving to you and yours as well

Just keep in mind if you do your appeal a the tax court that is the last chance to present your case. We wouldn’t be able to help if you come to us after losing that appeal.

Hello David

I live in Toronto, what would be the best way to contact your firm. Phone, email ?

I have sent two FOI request for ALL, and so far I am finding some omissions in the material they have sent. I am going to call ATP and see what the issue is. Do,you advise seniding a third and final FOI , or should I let it go and object to any information they present to the courts to use for their case, that I don’t have ?

Should I present my case in person, or just send my complete package for your forms review ?

You may reach me at this email

Johnnyx48@gmail.com
Or
905 951 1323

I look forward to your reply

Sincerely
John