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For example, the British Columbia Supreme Court considered the Supreme Court of Canada's view in Shafron in a tax-related case, Fraser Valley Refrigeration. ...

. … [T]he memo then stated: However, if USCo does not have a PE under paragraph 3 of Article V, then all of the services rendered in Canada, including those rendered at the construction site, can be considered when making a determination under paragraph 9… I disagree with this interpretation. ...

The final version also included the stipulations that the transaction would not have been entered into by persons dealing at arm's length and the transaction "can reasonably be considered not to have been entered into primarily for bona fide purpose other than to obtain a tax benefit. ...

We understand that the incorporation of such a test into the TPRs was considered by Finance and rejected for a number of reasons. ...

FA Holdco borrows money from FA Finco in order to pay a dividend to Canco in excess of accumulated profits, with the dividend treated as a pre-acquisition surplus dividend for Canadian tax purposes… [T]he borrowed money would not likely be considered used for the purpose of earning income from the shares of FA Opco since the direct use of the borrowed money was to pay a dividend (i.e., not to earn income from the shares of FA Opco) and the "fill the hole" rule could not be relied upon to indirectly trace the borrowed money to the shares of FA Opco since the was not paid from accumulated profits…. ...

It should be noted that technically, even though the income generated from the sale of the gold recovered in the sampling operations is earned by ACO in the taxation year following that in which the expenses related to such operations were incurred, that income would nevertheless be contemplated by paragraph (k.2) and should be considered in determining the net amount of the expenses contemplated by paragraph (f) of the definition of CEE in subsection 66.1(6). ...

A1ternatively, in the event that the payment of the gain were considered to be payment of the capital gains of the trust to which paragraph (i) of the definition "disposition" in subsection 248(1) applied, $40 would be determined under j subparagraph 107(2.1)(c)(i) and no amount would be determined under sub paragraph 107(2.1)(c)(ii). ...

Although the strategy is technically defensible, GAAR needs to be considered…. ...

When a dividend is recharacterized as a capital gain and it is later determined that all or a portion of the recharacterized dividend is considered to be paid out of safe income, the recharacterized capital gain would revert to being a dividend. ...

Implicit series of transactions concept unlikely to be informed by broad Canadian domestic concept (p. 5) [T]he SCC [in Copthorne] confirmed its prior holding in Canada Trustco that it is sufficient for a later transaction to have been completed “because of” or “in relation to” an earlier transaction in order to be considered part of the same series, regardless of whether the later transaction was ever even contemplated at the time of the earlier transaction. … [I]n light of the MLI’s stated harmonization purpose, it would be unreasonable, in our view, to read into the meaning of an “arrangement or transaction” for the PPT the extended domestic meaning of a series of transactions that will likely be inconsistent with the meaning of that expression in other MLI participating jurisdictions. ...