Ian Gamble has been selected for inclusion in Best Lawyers in Canada in the practice area of Tax Law. Ian has also been listed in the Guide to the World’s Leading Tax Advisers and has previously been noted as among the Top 10 tax advisors in Canada by the International Tax Review. Read complete profile »
In Inter-Leasing, Inc. v. Ontario (Revenue), 2014 ONCA 575, rev’g 2013 ONSC 2927, the Ontario Court of Appeal (OCA) upheld an internal group financing arrangement which eliminated provincial income tax on interest paid by Alberta-based companies (Alberta Cos) to…
In 2014-0523041C6, the CRA was asked whether a US Limited Liability Limited Partnership (LLLP) should be treated a foreign partnership, a foreign corporation, or some other type of arrangement (for Canadian tax purposes). The CRA applies a two-step process…
In C.A.E. Inc. v. Canada, 2013 FCA 92, the Federal Court of Appeal (FCA) said that the change-in-use rules in s. 13(7) and s. 45(1) should apply when property, initially held as inventory, begins to be used as depreciable property…
In McLarty v. The Queen, 2014 TCC 30, the Crown took another run at a tax-structured acquisition of seismic data, having previously lost at the Supreme Court of Canada in respect of a reassessment of the same taxpayer for…
In Henco Industries Limited v. The Queen, 2014 TCC 192, a company carried on the business of developing land for sale in Caledonia, Ontario. In 2006, certain members of local Aboriginal groups occupied the area, which made continuation of…
In Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, the Supreme Court of Canada reaffirmed that the doctrine of terra nullius – no one owned the land prior to European assertion of sovereignty – never applied in Canada: the…
When a Canadian company (Canco) receives a pre-acquisition surplus dividend (Pre-Acq Dividend) from a foreign affiliate (FA), s. 92(2) reduces Canco’s tax basis (ACB) in the FA shares. However, this ACB adjustment does not apply if Canco holds FA through…
In Lucie Descarries v. The Queen, 2014 TCC 75, the Tax Court of Canada (TCC) held that one result of the taxpayer’s share transactions was to indirectly extract from her company, on a tax-free basis, value that had accumulated…
In Gerbro Inc. v. The Queen, 2014 TCC 179, the Tax Court of Canada (TCC) examined two tests for an implied waiver of solicitor-client privilege: (1) when a communication between solicitor and client is legitimately “brought into issue in…
In The Queen v. Spruce Credit Union, 2014 FCA 143, the Federal Court of Appeal (FCA) upheld the trial judge’s key findings of fact (a) that certain dividends were paid by a deposit insurance corporation (DIC) to credit unions…