The Supreme Court's Decision in AES/Riopel: Comfort and caveats for rectification February 18, 2014 Heather McGeorge The Supreme Court's recent decision in AES/Riopel makes clear that a remedy similar to common law rectification is available in Quebec. Although the case focuses on the civil law, it also provides both comfort and a list of caveats for taxpayers in the common law provinces.
Reviewing Judicial Review: MNR et al v. JP Morgan Asset Management (Canada) Inc. February 10, 2014 Anjali Navkar The Federal Court of Appeal recently released reasons for this case. The detailed judgment reviews the instances in which a taxpayer may bring an application for judicial review of CRA actions before the Federal Court.
Jarvis Principles Under Siege in Piersanti v. The Queen January 13, 2014 Glen Jennings, Stevan Novoselac and John Sorensen The recent decision in Piersanti v. The Queen offers an important lesson for both tax professionals and criminal defence counsel: taxpayers who do not challenge the admissibility of evidence risk having that evidence used against them in subsequent civil tax proceedings.
Tax Court Update from the 2013 CTF National Conference January 13, 2014 John A. Sorensen A summary of the Tax Court Chief Justice's address to the attendees of the 2013 Canadian Tax Foundation national conference.
TeleTech Canada, Inc. v. Minister of National Revenue – Transfer Pricing Dispute Resolution Gone Wrong October 16, 2013 Melissa Wright This recent Federal Court decision reminds all taxpayers dealing with transfer pricing adjustments of the strict procedural requirements for initiating a competent authority relief request under the Canada-US tax treaty, and of the domestic remedies that may be available to facilitate that process.
Tax Court of Canada Issues a Comprehensive Ruling on Privilege Issues and the Appropriate Exercise of Remedies to Address Deficient Lists of Documents July 01, 2013 Doug Stewart In a recent Tax Court of Canada ruling on a motion heard in Imperial Tobacco Canada Limited v. The Queenthe Court considered a motion for an Order directing the Appellant to attend and be cross-examined on its List of Documents...
The Latest Word on the Large Corporation Rules: the TCC in Bakorp Management Ltd. July 01, 2013 Diana Yeung In Bakorp Management Ltd. v. The Queen, the Tax Court of Canada granted the Crown’s motion for dismissal of the appeal.
Case Comment: NRT Technology Corp. v. R. - Losses and Reasonable Expectation of Profit July 01, 2013 Barbara Mazur A recent decision of the Tax Court of Canada, NRT Technology Corp. v. R, confirms the use of the reasonable expectation of profit test in the context of subsection 111(5)of the Income Tax Act (Canada).
Socially Responsible Taxation: Smelling the Coffee July 01, 2013 Sabina Mexis, Pablo Caballero The recent release of millions of leaked records and thousands of names by the International Consortium of Investigative Journalists (ICIJ) exposed the millions of dollars secreted away in offshore tax havens.
Revise NRT Rules Expand Exemptions for Mutual Funds and Commercial Trusts March 01, 2013 Craig Webster, Stephanie Wong On November 21, 2012, Bill C-48, the,em> Technical Tax Amendments Act, 2012, received first reading in the House of Commons.