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SCC takes restrictive approach to rectification

Thursday, March 16, 2017 @ 8:00 PM | By Scott Rollwagen

On Dec. 9, 2016, the Supreme Court of Canada released two companion decisions concerning when a court will step in to assist parties who have mistakenly structured transactions that trigger unanticipated and unwanted tax consequences.

In Canada (Attorney General) v. Fairmont Hotels Inc. 2016 SCC 56, the court considered the scope of the common law and equitable principles of rectification. A companion decision, Jean Coutu Group (PJC) Inc. v. Canada (Attorney General) 2016 SCC 55, considered the corresponding principles under Quebec law.

In each case, the...