On October 6, 2011, an accountant advised a farmer to transfer farm equipment and land to his corporation on a tax-deferred basis under s. 85(1).  The accountant reflected the transfer in the farmer’s accounting records and filed tax Form 2057 with the Canada Revenue Agency (CRA).  Unfortunately, the accountant failed to ask the farmer’s lawyer to prepare the relevant legal documents to implement the transaction.  When the CRA contacted the farmer in 2013 saying it wished to audit the transaction, the mistake was discovered.  Documents were thereafter prepared and executed in 2013, with an effective date of January 1, 2011.  A rectification order was then sought from Saskatchewan’s Court of Queen’s Bench to correct the effective date to October 6, 2011.  The court rectified the documents under s. 236 of The Business Corporations Act (Saskatchewan) to correct the “specified” effective date from January 1, 2011 to October 6, 2011, but refused to declare the documents “retroactively valid, binding and effective” as of that specified date.  On further appeal to Saskatchewan’s Court of Appeal (Anderson v Benson Trithardt Noren LLP, 2016 SKCA 120) – for a declaration of the “valid and binding” effective date – the Court of Appeal upheld the lower court’s refusal.  The Court of Appeal concluded that the “…documents were ultimately rectified” and “…the tax effect of the rectified corporate documents will, like the other documents, be determined by the Tax Court” (see paragraph 36).