Subsection 245(4)

Univar GAAR doctrine entails looking at reasonable alternative transactions

avoidance of s. 88(1)(b) where insufficient safe income was abusive

value shift transactions that permitted the absorption of a real gain by a paper loss abused the basic capital gains regime

abuse to use rollover provisions to avoid rather than defer tax

allocation of most partnership profits to a lossco that acquired its interest at year end without economic risk was vacuous and abused ss. 96(1)(f), 103(1) and 160

use of Barbados sub to engage in proprietary trading for Canadian parent misused the foreign bank exemption, whose purpose was promoting international competitiveness

no abuse where individuals used PUC thrust upon them by an arm’s length investor (through PUC averaging) to subsequently strip surplus

no abuse in non-resident investors using a s.à r.l. to avoid capital gains tax on a new Canadian exploration company

deliberate engaging of s. 55(2) to convert annual taxable dividends into annual capital gains permitting annual capital dividends would engage s. 245(2)

purpose of s. 84.1 was broader than the application of its words