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7 February 2020- 12:11am Hamilton – Tax Court of Canada finds that an overtime meal allowance qualified under s. 6(1)(b)(vii), but that a nearby location could not be used as a proxy under s. 6(6)(b)(i) Email this Content The taxpayer, when working at a remote site for his employer (e.g., providing repair services at a pulp and paper mill) was given a choice of either a living-out allowance of $135.00 daily or a daily meal allowance of $62.50 together with a room (the taxpayer chose the former), and was also provided with an additional overtime meal allowance of $40 which was paid to an employee once he had completed 10 hours of work that day while at the work site. ...

14 April 2020- 7:26am Lee – Court of Quebec finds deductible interest on a note that could be settled with property worth less than the amount owed and that the tax shelter definition is applied on a property-by-property basis Email this Content The ARQ did not lose heart with the victory by a representative investor in a tax shelter in Drouin (where CRA unsuccessfully argued that no business was carried on) and, for the same tax shelter and for the same year (as well as other years) was successful before the Court of Quebec in having most of the claimed deductions denied. ...

1 June 2020- 11:29pm Demers – Quebec Court of Appeal finds that failure to treat hockey players as employees based on flawed and non-independent legal advice was carelessness that opened up a statute-barred year Email this Content The individual taxpayer (Demers) was a director of the owner of the RadioX team, which was a minor professional hockey team. ...

15 November 2020- 10:37pm Custeau – Quebec Court of Appeal finds that Copthorne does not require the s. 248(10) “in contemplation of” test to be applied on a backwards-looking basis Email this Content When a family small business corporation (the “Corporation”) was in financial difficulty, two Quebec regional development funds agreed in 1997 and 1998 (with an objective of saving jobs) to inject equity capital in the Corporation on terms largely dictated by them. ...

25 April 2021- 11:17pm Levett – Federal Court finds that CRA had “pursued all reasonable domestic means available” before making an information request under the Swiss Treaty Email this Content The applicants (two couples and a corporation owned by one of them), whose disclosure that they had no foreign assets was doubted by CRA, brought an application to have CRA requests to the Swiss federal tax administration for information pursuant to Art. 25 of the Canada-Swiss Treaty declared invalid on the grounds that “the CRA did not exhaust all domestic avenues of compliance and did not provide full and frank disclosure to the Swiss authorities.” ...

5 August 2021- 11:49pm Deans Knight – Federal Court of Appeal finds that the object and spirit of s. 111(5) is abused on an arm’s length acquisition of “actual” (albeit, not de jure) control of a Lossco Email this Content The non-capital losses of $90M, and other tax attributes of the taxpayer, were effectively sold to arm’s length investors pursuant to transactions under which: The existing shareholders of the taxpayer exchanged their shares for shares of a “Newco” (“New Forbes”) under a Plan of Arrangement A private company “facilitator” (Matco) entered into an “Investment Agreement” with the taxpayer and New Forbes pursuant to which Matco (principally in consideration for $3M in cash) acquired a debenture of the taxpayer that was convertible into shares representing 79% of its equity shares but only 35% of its voting shares. ...

. – Court of Quebec finds that a cross-border repo was not an abuse of the s. 17 rule Email this Content The taxpayer (“KQI”), which was a Canadian operating subsidiary in a group ultimately controlled by a Finnish parent, used funds that had been borrowed by a Canadian holding company in the group and advanced to KQI as an interest-bearing loan and share subscription proceeds to purchase, for a cash purchase price of $394 million, cumulative preferred shares of “Kone USA” (a group company with an active business) from the non-resident affiliated company (“Kone BV”) to which such shares had recently been issued as a stock dividend. ...

9 October 2023- 11:32pm Québecor – Tax Court of Canada finds that a yo-yo transaction to utilize the accrued capital loss of an indirect subsidiary to step-up nil-basis shares to FMV was not a GAAR abuse Email this Content Québecor held 54.72% of the shares of another holding company (Québecor Media) which, in turn, held all the common shares of a third holding company (“366”) directly, and preferred shares of 366 through a fourth holding company (“9101”). ...

2 May 2024- 11:50pm TPine – Federal Court of Appeal indicates that it is unclear whether revised s. 152(9) precludes CRA from advancing a further argument based on a different transaction Email this Content The original Crown Reply had stated that the Minister had assessed TPine’s return to disallow a CCA deduction on the basis that the Class 10 and 16 assets in question were included in the same equipment that TPine had sold and for which it had claimed a cost-of-goods sold deduction. ...

13 May 2025- 11:26pm MedSleep – Tax Court of Canada confirms the efficacy for GST/HST purposes of an agreement between a sleep clinic and physicians for 80/20 sharing of the physicians’ fees Email this Content MedSleep, which operated sleep clinics in five provinces, received referrals from family doctors of patients with suspected sleeping disorders, who then completed a questionnaire which was reviewed by a physician assigned to the patient by MedSleep (a “sleep physician”). ...