Category: Current Tax Cases

A Critical Analysis of the Principal Income Tax Measures from Federal Budget 2022 (and Subsequent Legislative Proposals)

Published by Thorsteinssons LLP

Authors: Gloria Wang, Sarah Faber, and Alexander Demner

Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable (“Budget 2022”) was tabled by the Federal Government on April 7, 2022 (“Budget Day”). The government…

Loblaw Financial: SCC dismisses Crown appeal and affirms importance of text and context in interpreting tax provisions

Published by Sarah Faber

On December 3, 2021, a unanimous Supreme Court of Canada (“SCC”) dismissed the Crown’s appeal in Canada v. Loblaw Financial Holdings Inc. (2021 SCC 51). In doing so, the Court held that capital contributions and corporate oversight are not relevant…

SCC Dismisses Crown Appeal in Alta Energy Case

Published by Chris Marta & Alexei Paish & Sarah Faber

Last week, the Supreme Court of Canada (“SCC”) dismissed the Crown’s appeal in Canada v. Alta Energy Luxembourg S.A.R.L. (2021 SCC 49). In doing so, the SCC wrestled with important, timely, and politically contentious questions of domestic and international…

Boguski – Crown unsuccessful in obtaining section 174 order to bind unrelated taxpayers in substantially similar transactions

Published by Gloria Wang

In Canada (National Revenue) v. Boguski, 2021 FCA 118 affirming 2018 TCC 236, the Federal Court of Appeal (the “FCA”) affirmed the decision of the Tax Court of Canada (the “Tax Court”)  to dismiss the Minister’s application for an…

Federal Court of Appeal decision in Deans Knight creates uncertainty with new test for loss utilization

Published by Natasha Kisilevsky & Jessica Guo

The Federal Court of Appeal (the “FCA”) recently released its highly anticipated decision in Canada v. Deans Knight Income Corporation, 2021 FCA 160. The case represents the FCA’s first consideration of an alleged abuse of the “control” threshold for…

Leonard – Tax Court finds that distressed-debt transaction was an adventure or concern in the nature of trade

Published by Chris Canning

The Tax Court’s decision in Leonard v. The Queen, 2021 TCC 33, analyzed the oft-discussed legal concept of “an adventure or concern in the nature of trade”, which the courts use to distinguish between transactions of a business nature…