Supreme Court of Canada Dismisses Crown Appeal in Alta Energy Case

The Supreme Court of Canada has dismissed the Crown’s appeal in Canada v. Alta Energy Luxembourg S.A.R.L.(2021 SCC 49).   The Court concluded that the Minister of National Revenue did not discharge her burden of proving abusive tax avoidance in respect of the business property exemption in the Canada-Luxembourg tax treaty and that a broad assertion of “treaty shopping” does not conform to a proper GAAR analysis.  Matthew Williams and Rebecca Potter of Thorsteinssons LLP represented Alta Energy Luxembourg SARL.