Stare decisis usually applies (p. 20)
As the Court recently noted: "stare decisis is not a straitjacket that condemns the law to stasis". [f.n. 10...
Characterization of foreign entities (p. 25)
This endorsement of a foreign court's definition of a taxation law concept contrasts with Canadian...
International rules of interpretation (pp. 24-25)
[W]hen interpreting treaties, Canadian courts generally use international rules of...
OECD guidelines (p. 24)
The OECD Guidelines do, however, have persuasive force in Canada. In Glaxo [2012 SCC 52], the provision of the Income Tax...
Standard and procedure for granting leave (p. 23)
The standard [for granting leave], as explained earlier, is that of public importance. Three...
Resort to foreign judgments (p. 25)
An example concerns the interpretation of a "series of transactions" under a general anti-avoidance rule...