In recent weeks, the Federal Court of Appeal has sent two cases back to the Tax Court of Canada for rehearing. In GlaxoSmithKline Inc. v. The Queen, 2010 FCA 201 (discussed here), the Court of Appeal found that Rip C.J. erred by misunderstanding the application s. 69(2) of the Federal Income Tax Act, R.S.C. 1985, [...]

In simple terms, when related corporations trade property, services or intangibles across international borders, the outlay is referred to as the transfer price. Pursuant to s. 69(2) of the Federal Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”), the transfer price must be “reasonable in the circumstances” that would exist if the non-resident [...]

On March 9th, 2010, the Ontario Court of Appeal released its decision in Danso-Coffey v. Ontario, 2010 ONCA 171. The case deals with an individual who is named a director of a corporation without her consent or knowledge. Danso-Coffey was owned and incorporated by Ms. Danso-Coffey’s brother. Without her knowledge, she was named one of [...]

A fundamental tenet of Canadian tax law, as stated in Commissioners of Inland Revenue v. Duke of Westminster, [1936] A.C. 1 (H.L.), is that a taxpayer is entitled to make any lawful arrangement that he or she sees fit in order to reduce his or her liability to tax. The General Anti-Avoidance Rule (“GAAR”), at s. [...]

On December 4th, the Tax Court of Canada released its decision in GE Capital v. The Queen 2009 TCC 563, dealing with transfer price deductions. GE Capital was anticipated as a major decision relating to transfer pricing and inter-company financial transactions. Consequently, the court conducted a thorough analysis of the different transfer pricing methodologies and [...]

The metaphorical glass ceiling has closed in again. This time, it is the Olympic aspirations of female ski jumpers that has been crushed by a male-biased system that limits the opportunities for female advancement. Last Friday, the British Columbia Court of Appeal released its written reasons in Sagen v. Vancouver Organizing Committee for the 2010 [...]

Introduction In light of Justice Sotomayor’s recent comments during oral arguments in Citizen United v. Federal Election Commission, it may be useful to consider the state of the corporation as a distinct legal entity. On September 9, 2009, Justice Sonia Sotomayor made the following remark in her question to Mr. Abrams: “Because what you are suggesting is [...]

In the past two years, a number of major media acquisitions have transpired in Canada including CTVglobemedia’s purchase of CHUM, CanWest’s purchase of Alliance Atlantis, and Astral Media’s purchase of Standard Broadcasting. In response to this continuous consolidation, various media activist groups have emerged to voice their concerns and dissatisfaction. Among these groups is the [...]

Attention all hockey fans! The British Columbia Court of Appeal recently released a decision involving the Vancouver Canucks, a team in the National Hockey League. Blue Line Hockey Acquisition Co., Inc. v. Orca Bay Hockey Limited Partnership looks at the nature of a partnership in the context of one’s purchase of the Vancouver Canucks. In [...]

On Friday December 19, 2008 the SCC released its eagerly anticipated decision in BCE Inc. v. 1976 Debentureholders, 2008 SCC 69. I began to appreciate the magnitude of the BCE decision — which contemplated Canada’s largest ever corporate takeover — while sitting in my research librarian’s office at 4:30 pm on June 20, 2008, the [...]