Articles

On April 12, 2012, the Supreme Court of Canada issued its decision in Fundy Settlement v. Canada, finding that the relevant trusts were resident in Canada rather than Barbados.

On November 8, 2011, Canada and Barbados signed a protocol amending the tax treaty between the two countries. Finance Canada’s announcement of the Protocol focused on the improved exchange of information provisions, but there are other changes worthy of note.

On January 26, 2012 the Supreme Court of British Columbia released its decision in McPeake v. Canada (Attorney General).

On December 16, 2011, the Supreme Court of Canada released its decision and reasons in Copthorne Holdings Ltd. v. Canada.

Following the Canadian Medical Protective Association decision in which the CMPA was exempt from GST, several class action lawsuits were commenced by taxpayers seeking to recover erroneously collected GST from the collector.

Various provisions of the Income Tax Act operate to deem transfer of property, specifically non-arm’s length transfers, to take place at the fair market value of the property.

An amalgamation is defined for the purposes of subsection 87(1) as a merger of taxable Canadian corporations where all of the property, liabilities and shareholders of the predecessor corporations immediately...

On July 1, 2010, the provinces of British Columbia and Ontario became subject to the harmonized sales tax under the Excise Tax Act.

A recent case has given hope to taxpayers who want to seek relief from accrued interest and/or penalties that have roots in a taxation year many years past.

The recent decision in Sommerer v. The Queen, in particular, the interpretation of subsection 75(2) and whether it applied in the context of a fair market value sale of shares by the Appellant, one of the beneficiaries of an Austrian private foundation, to the foundation.