What is the limitation period for an alternative argument in a personal injury application?
Canada (Federal), Canada
The following excerpt is from Mammone v. Canada, 2019 FCA 45 (CanLII):
A further restriction is that an alternative argument cannot be advanced when it would result in a reassessment being made outside the normal reassessment period set out in subsection 152(4) (Walsh v. Canada, 2007 FCA 222 at para. 18). This restriction which is central to the present appeal acknowledges the fact that allowing the Minister to raise an argument based on a legal and factual basis that is different from the one underlying the assessment after the normal reassessment period has expired would in effect do away with the limitation period.
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