Canada Revenue Agency is once again seeking to throw out a lawsuit launched by businessman Irvin Leroux, the Canadian Constitution Foundation (CCF) said Wednesday.
The CCF is helping Leroux with his legal expenses as he seeks redress for alleged improprieties by the federal government's tax collector.
Leroux launched a lawsuit for misfeasance against the CRA in 2006. The CRA tried to have the case thrown out of court for various reasons in 2007, 2009 and 2010, but the B.C. Supreme Court ruled that Leroux could proceed with his case.
The CRA next tried to have the case stopped by the B.C. Court of Appeal in 2011. The appeal court likewise gave Leroux permission to proceed with an amended claim.
Now, the CRA is again alleging that Leroux's amended claim is "frivolous and vexatious," and a B.C. Supreme Court hearing will be held at the Prince George courthouse on Monday, the CCF said.
During a 1996 audit, the CRA had removed papers from Leroux's office without his consent, then lost or shredded them. It assessed him for almost $1 million in taxes, penalties and interest. The tax prosecution resolved after several years with the CRA owing Leroux a refund.
However, as a result of the CRA's actions, Leroux lost his home, his business and his life savings and he's seeking an award for damages.
Leroux and his wife, Jill Moore, owned and operated an RV park and campground near Valemount when the conflict began.
A CRA spokesperson declined to comment Wednesday because the issue remains before the court.
