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Federal Court of Appeal decision creates uncertainty, tax lawyers say

Monday, February 12, 2018 @ 10:48 AM | By Amanda Jerome

When tax lawyer Robert Kepes read the Federal Court of Appeal’s decision in Canada v. Oxford Properties Group Inc. 2018 FCA 30, he sighed.

Robert Kepes, Morris Kepes Winters LLP“Another GAAR [General Anti-Avoidance Rule] win for the Department of Justice and the Canada Revenue Agency [CRA],” he said, adding that he was disappointed in the ruling.

The Oxford Properties decision sprung from an appeal of a Tax Court of Canada decision in which Justice Steven D'Arcy allowed Oxford’s appeal from a reassessment of its 2006 taxation year by...