New trial ordered for Surrey limo driver acquitted of tax charges

Jaswinder Sedhu found not guilty in May, but decision overturned this week in B.C. Supreme Court.

A man who was acquitted of 11 charges of failing to comply with notices to file tax returns for his Surrey limousine company will now face a new trial.

An earlier provincial court judgement that found Jasvinder Sedhu not guilty was overturned Dec. 17 in B.C. Supreme Court.

Sedhu, who was sole director of Baja Limousine Ltd. between 1998 and 2009, was served with 11 notices from the Canada Revenue Agency (CRA) to file his tax returns in October 2009, after it was discovered he hadn’t filed taxes for 10 years. He was told there would be no extensions and after 90 days had passed, the CRA concluded he had not filed.

He was criminally charged in July 2011.

Three months later, most of the tax returns were filed, and as of May 2013 (when he was found not guilty), all of the tax returns had been filed.

The provincial court judge’s initial ruling acquitted Sedhu on the basis that the 90-day notice issued by the CRA wasn’t a “reasonable” amount of time to comply.

The Crown appealed the decision, arguing the trial judge erred in finding the Crown had to prove the given time frame was reasonable.

B.C. Supreme Court Justice James Williams granted the appeal, ordering a retrial.

He noted the Crown was not required to prove the time frame was reasonable, and was only required to prove the identity of the accused, the jurisdiction, service of the notice and failure of the accused to comply.

“It is an error of law to hold that the ‘reasonableness of time’ is an essential element of the offence that the Crown must prove beyond a reasonable doubt,” wrote Williams in his decision. “This was the basis of the trial judge’s decision in the Provincial Court. The finding was incorrect and the decision cannot be upheld.”

 

Surrey North Delta Leader

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Guildford’s Winter Festival raises nearly $7K for Surrey Memorial Hospital

Funds raised through two weekends of skate rentals, on-site donations

Woman in Fraser Health region confirmed as sixth COVID-19 case in B.C.

Woman remains in isolation as Fraser Health officials investigate

Court awards Surrey Costco shopping cart collector $583K after car pins him

Kurtis Ryan Burdeniuk, 22, was retrieving carts when driver backed into him in the parking lot, pinning him

Royal Canadian circus coming back to Cloverdale

June dates for rebranded circus in year of expansion into U.S.

Committee that replaced Surrey’s Public Safety Committee seven months ago has never met

Surrey mayor dissolved safety committee in July 2019, replaced it with Interim Police Transition Advisory Committee

Blair says RCMP have met Wet’suwet’en conditions, calls for end to blockades

The Wet’suwet’en’s hereditary chiefs oppose the Coastal GasLink project

Woman missing out of downtown Maple Ridge

Police seek public’s help locating Atefeh Jadidian

Petition seeks to remove local police department from Lindsay Buziak murder case

American woman starts online petition in hopes of helping Buziak family

Health officials confirm sixth COVID-19 case in B.C.

Woman remains in isolation as Fraser Health officials investigate

Study says flu vaccine protected most people during unusual influenza season

Test-negative method was pioneered by the BC Centre for Disease Control in 2004

Saskatchewan and B.C. reach championship round at Scotties

British Columbia’s Corryn Brown locked up the last berth in Pool B

‘Chain reaction pile up’ closes southbound traffic on Coquihalla Highway

Black Press Media has reached out to RCMP, paramedics for details

Exploding enrolment prompts opening of second TWU campus in Richmond

Langley’s faith-based Trinity Western University opens a second campus in Richmond

Fraser Valley seniors’ home residents go without meds for a night due to staff shortage

Residents speak out about staff shortages that are leading to serious safety concerns

Most Read