The owners of MGM Restaurant were awarded almost $1.7 million by the Supreme Court of B.C. in a lawsuit against the Canada Revenue Agency. (BLACK PRESS file photo)

Nanaimo restaurant owners awarded $1.7M in lawsuit

Supreme Court of B.C. justice finds CRA investigators were gleeful about anticipated prosecution

The owners of a restaurant in Nanaimo were awarded almost $1.7 million by the Supreme Court of B.C. in a lawsuit against the Canada Revenue Agency.

In a ruling Friday, Justice Robert Punnett found the CRA “vicariously liable” for the conduct of an investigator in prosecuting Tony and Helen Samaroo for tax evasion and found that the CRA’s conduct was “high-handed, reprehensible and malicious.”

In 2008, the Canada Revenue Agency issued an indictment against the the MGM Restaurant for allegedly skimming $1.7 million between 2004-2005 via incomplete reporting of sales summaries. However, the Samaroos were acquitted in 2011 after they were able to plausibly explain their bookkeeping.

In e-mailed communications during the investigation leading up to that trial, CRA employees joked about potential news coverage of a guilty verdict and whether it would “call for a guillotine.”

The Samaroos commenced their lawsuit in 2012, positing that CRA employees initiated a prosecution “without reasonable and probable grounds and with malice,” according to last week’s judgment. The defendant argued that there was no evidence to suggest that there wasn’t “reasonable and probable cause” for prosecution, “nor is there evidence that the defendants acted for a purpose other than to place the case before the court for adjudication.”

Punnett wrote in his judgment that after CRA employees “looked forward with unprofessional glee to the plaintiffs’ anticipated conviction and sentencing and their resulting ruination.”

Tony and Helen Samaroo, who no longer live together, were awarded $300,000 each in punitive damages and were awarded $750,000 in punitive damages and $347,732 in legal expenses.

The justice noted that “no amount of punitive damages will cause the CRA financial hardship.”

Just Posted

Cram the RCMP cruiser for the Penticton food bank

RCMP cruisers will be at the Real Canadian Superstore parking lot

Open burning permitted again in Kamloops Fire Centre

Low fire rating prompts decision throughout Kamloops Fire Centre

Spirit North funding annoucement now expected any day

Indigenous Services Canada annouces new timeline for funding annoucement

Man with Penticton connection convicted of manslaughter

Shayne McGenn found guilty in apartment killing of David Delaney

Rookie Penticton Vees player Niedermayer following in his father’s skates

One of the newest members of the Penticton Vees has plenty of hockey history

Who’s running in Penticton’s election?

Candidates for the Penticton municipal and school board election

Woman who helped kidnap Elizabeth Smart released from prison

Smart was 14 years old when she was snatched from her Salt Lake City home in 2002 by street preacher Brian David Mitchell

New York books editor out after backlash over Jian Ghomeshi essay

Ian Buruma, who was appointed as editor of the New York Review of Books in late 2017, no longer works for the publication

B.C. couple plans sustainable, zero-waste life in the Shuswap

Plan includes building a tiny house before the snow flies

Housing slowdown forecast to cool B.C. economy

Conference Board says pipeline, trade uncertainty affecting investment

B.C. hockey product eyes shot at Olympic spot with China

Fletcher is one of 24 who travelled to Shenzhen, China for the first official Olympic dev camp.

Are you feeling lazy? That’s OK – it’s just science

UBC study shows that humans are hardwired to prefer being sloth-like

LETTER: Who do we blame for the tragedy of Marrisa Shen’s death?

The B.C. girl was killed in a Burnaby park last July

Most Read