Supreme Court dismisses application for leave to appeal in Lyrtech RD Inc.
On July 9, 2015, the Supreme Court of Canada dismissed the application for leave to appeal from the decision in Lyrtech RD Inc. v The Queen, 2014 FCA 267 in which the Federal Court of Appeal upheld the Tax Court of Canada’s conclusion that for the purposes of every provision of the Income Tax Act (Canada), the existence of de jure control by one person does not preclude the possibility of another person simultaneously exercising de facto control. Although a discretionary trust owned all of the taxpayer’s voting shares and thus exercised de jure control over it, the taxpayer was found not to be a Canadian-controlled private corporation since a public company exercised a dominant economic influence, and thus had de facto control, over the taxpayer.