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Tax

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Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 10:46 AM

Trumped up taxes or legal loopholes trump_tower_sm

The New York Times published an account of how Fred C. Trump, father of President Donald Trump, built his dynasty and disputes the claim about a self-made man who got started with a US$1 million loan from his father. ... [read more]

Monday, December 03, 2018 @ 12:48 PM

McInnes Cooper partner appointed to Canadian Tax Foundation board

McInnes Cooper announced that partner Jeff Blucher was recently appointed to the board of governors at the Canadian Tax Foundation. ... [read more]

Tuesday, November 27, 2018 @ 9:24 AM

B.C. launches consultation, tipline on money laundering Jonathan Reilly

The government of British Columbia is continuing its crackdown on money laundering in the province’s gaming and real estate sectors, but a lawyer is saying issues with dirty money lie outside B.C.’s hot housing market. The province’s expert panel in money laundering is holding a public consultation on how to protect the province’s real estate sector from being infiltrated by criminal elements. ... [read more]

Monday, November 26, 2018 @ 9:49 AM

Too early to tell effectiveness of Canada’s anti-tax avoidance measures, says lawyer David Rofleisch, taxpage.com

The federal government is trumpeting its progress in combating tax avoidance, but a tax lawyer is saying the moves are in their infancy and the evidence is not there yet to suggest they are working. The Department of National Revenue said better tools and approaches in compliance activities are helping the government get more data to combat people who may not be paying their proper level of tax. ... [read more]

Wednesday, November 21, 2018 @ 5:31 PM

Ottawa moves to cut business taxes and red tape, boost corporate integrity in economic update

Federal Finance Minister Bill Morneau has announced three new tax changes of note to the bar, including accelerated depreciation for new business investments in capital assets, along with more funding for the federal Public Prosecution Service of Canada (PPSC), and the introduction next year of the first Annual Regulatory Modernization Bill that will update federal regulatory requirements while removing those deemed outdated or duplicative. ... [read more]

Monday, November 19, 2018 @ 9:43 AM

The Canadian condo vendor who wasn’t lots&lotsacondos_sm.jpg

A recent Tax Court decision serves as a cautionary tale regarding the obligation to obtain a statutory declaration or affidavit concerning the residence of the vendor and the conveyance of real estate. ... [read more]

Friday, November 16, 2018 @ 11:36 AM - Last Updated: Friday, November 16, 2018 @ 4:05 PM

SCC underscores federal courts’ obligation to vindicate official language rights at hearings Suzanne Cote

Violations of language rights in court will usually require a new hearing, even if the fairness of the hearing wasn’t affected, the Supreme Court of Canada directs in a far-reaching 9-0 judgment that underscores the obligation of Canada’s federal courts to vindicate language rights, including by providing timely and effective interpretation services to litigants, witnesses and counsel at hearings. ... [read more]

Friday, November 16, 2018 @ 8:34 AM

Mens rea for tax evasion: R v. Patry tax_evader_sm

In R v. Patry 2018 BCSC 1524 the Supreme Court of British Columbia reaffirms that the proper test for the mens rea analysis for tax evasion is a knowledge-based approach and found that Patry did not have the requisite mens rea for a tax evasion conviction. The reasoning reaffirms that for purposes of the tax evasion offence under para. 239(1)(d) of the Income Tax Act the requisite threshold for a finding of mens rea is relatively high. ... [read more]

Tuesday, November 13, 2018 @ 8:35 AM

CUSTOMS AND EXCISE - Dumping and subsidies - Review or rescission of determination

Motion by the respondents, the Canada Border Services Agency (CBSA) and the Attorney General of Canada, for an order striking the application for judicial review. ... [read more]