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DUTY OF CARE

By its very title you might imagine and that the Term "Duty of Care" has some medical implications.

It could, and it should, in our circumstances be such a thing as I have been a heart patient for many, many years and have undergone quadruple heart bypass surgery twice in my life. I'm currently awaiting both knee replacements but, because of CRA, I can't afford to take the time to have these operations.

My partner has had numerous ailments during the period of this assault by CRA which has now being going on for at least 3 years. She has been suffering from very severe medical problems and other personal. CRA behaviour takes an immense mental strain particularly with the number of separate businesses they have attacked. My partner could without doubt have been suffering from Mental exhaustion for a number of years. Unlike CRA we do not get sick leave or time off for our ailments. We have no long term disability insurance and instead get continued new deadlines which we have to meet. We have to scrupulously adhere to their deadlines but seemingly they do not. Take for example my requests for information under FOI. CRA are supposed to respond within 30 days. On my own file they are long past that time. In fact 16 times that, approximately SIXTEEN MONTHS. The Appeals are supposed to be handled expeditiously. We are now heading for TWO YEARS on some of them.

Frankly, CRA are trying to exhaust us Financially and physically. They want us to just go away one way or another , they do not care if we die of a heart attack, commit suicide or simply go bankrupt, homeless and live on welfare. IN SUMMARY THEY DO NOT CARE. The continuing harassment of our businesses is with very imaginative and must take some time but they have all the time in world. THEY HAVE 45,000 EMPLOYEES.

If I have another heart attack and pass away stop CRA would be pleased that their fight with us is over. They will just move on to the next one. If so this website will be a great testament to the actions of CRA and the grounds and basis for a substantial lawsuit against the CRA or the Government of Canada by my estate.

In any event the term "Duty of Care" is more widely used in the context of law as being specifically a remedy by which wronged people can be reimbursed for the actions of another. At the moment CRA have very little DUTY OF CARE but Case Law seems to be changing in our favour.

DUTY OF CARE needs to be written into the legislation under which CRA operates.
Neither the Excise Tax Act nor the Income Tax Act imposes a Duty of Care on CRA. The legislation should be amended to incorporate into the Statutes so that innocent parties can be compensated for losses created by CRA.  At the moment if you are totally innocent of the assessments that CIA and laid upon you, or your business, CRA have no obligation to reimburse you for the lost time, ruined health, lost assets or even death that may have occurred in dealing with Canada Revenue Agency and their Assessments. THIS IS WRONG.

The CRA, unbelievably, are not, at the moment, subject to financial penalties or other requirements to reimburse maligned taxpayers for any of their actions.

This is highly unusual and clearly and an omission from the various acts which needs to be rectified.

This means that in the case of, for example, Irvin Leroux he had eighteen years of struggling with CRA regarding false assessments and in the end he was vindicated by a British Columbia Superior Court Judge and the Tax Court of Canada. This however did not entitle him to compensation for the millions of dollars of assets that he had lost or in fact had been sold by CRA during the course of their pursuit of his businesses.
CRA simply walked away unharmed. Hardly fair. The CRA should be held accountable.
The government must ensure that government officials are responsible for their actions.

CIA employees cannot simply be allowed to make unfounded, baseless, vindictive, malicious, and frankly outrageous assessments and leave it to the taxpayer to prove himself or herself not guilty.
This is turning the law on its head.

The officials in question and or the Department and or the Federal government and/or in fact in the Provincial government in the case of HST must be made accountable financially and otherwise for any damage which is caused by in the employees and management of the Canada Revenue Agency.
This is the way it would normally work in a similar situation in the Business world. Corporations and Individuals are regularly sued, fined or even imprisoned for reckless and negligent actions. Why not the CRA and our Governments who do not supervise them?

Make ALL PARTIES HAVE A DUTY OF CARE.
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If a business person or private individual wrought this kind of incredible damage they would be severely penalized. CRA employees at THE WORST can expect to be "Pensioned Off" probably at a cost of ONE MILLION dollars or more in pension costs to the taxpayers of Canada who incidentally do not have such gold plated pension packages.