Many of the assumptions are factually correct. Some are merely argumentative window-dressing. I find assumptions (i), (j), (k) and (l) particularly unacceptable. Precisely the words in those paragraphs appear in virtually every reasonable expectation of profit case that I have heard. They represent a mindless recitation of hackneyed and stereotypical language that has nothing to do with the case. They could not conceivably have formed a factual basis for the assessments. It is obvious that whoever drafted the reply indiscriminately plucked phrases from other cases (likely Moldowan v. The Queen, 1977 CanLII 5 (SCC), [1978] 1 S.C.R. 480) that looked nice and sprinkled them into the reply as assumptions. It cannot be emphasized too strongly that in pleading assumptions in a reply that have the effect of defining the burden that lies on the appellant the respondent has a serious responsibility to set out honestly the true basis of the assessment and not concoct fanciful boilerplate.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.