Section 157

The taxpayer, which was a Canadian-controlled private corporation, had a fiscal year-end of February 1, 1990. It was not required to pay the final instalment of its tax owing for that year until May 31, 1990 because this was the end of the third complete calendar month following its year-end). In finding that the due date instead was May 1, 1990, Décary J.A. noted that: because "year" did not refer to a calendar year, "month" should not be restricted to a calendar month; the taxpayer's interpretation had the effect of having the "following" period start 28 days after the end of its fiscal year; and "one can fairly assume that Parliament had intended the delay prescribed for the payment of the remainder of taxes be the same for all corporations" Ss.28 and 35(1) of the Interpretation Act did not apply because there was a contrary intention as referred to in subsection 3(1) of the Interpretation Act.