Those of you interested in law might like this one. My uncle owns a hardwood sawmill in Sault Ste Marie. Last August, he filed a lawsuit against the Ministry of Natural Resources in Ontario, claiming that he was being taxed illegally. You can read about the case itself here.
Today the Ontario Superior Court ruled in his favour, and the government owes him a million and change back from the taxes/charges/whatever it was that he paid.
This case was a nail-biter for my family not only because my uncle Jim's company was the plaintiff, but because my uncle Paul (a labour lawyer) and his firm were representing them.
I'm curious to know what others think of both the merits of the case and the judge's...er...judgement.
And as an aside, I hope you enjoy the unintentional hokeyness of the small-town Northern Ontario media that never fails to entertain.
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It looks like the decision isn't online anywhere yet, so I can't say too much about it.
But off the top of my head, I'm curious to know what proportion of the total revenue raised by the Province per stump was considered to be taxation. The whole amount, or just part? If the legislative source of Provincial revenue from forestry is struck down on federalist grounds (as here), it's possible the Province could just pass a retroactive royalty or licensing regime to get that revenue back. But I'd really have to read the decision for more context, and know a little more about Constitutional remedy and the law around retroactive indirect taxation.
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