Articles

About Articles The articles below are published by the Taxation Law Section of the Ontario Bar Association. Members are encouraged to submit articles. 

Editor: Michael Ding

Today
Today

Attitude Against Tax Collectors Shows No Class

  • November 01, 2011
  • John J. Tobin

Following the Canadian Medical Protective Association decision in which the CMPA was exempt from GST, several class action lawsuits were commenced by taxpayers seeking to recover erroneously collected GST from the collector.

Fair Market Value in a Restricted Market

  • November 01, 2011
  • Joshua L. Harnett

Various provisions of the Income Tax Act operate to deem transfer of property, specifically non-arm’s length transfers, to take place at the fair market value of the property.

An Update on Non-Qualifying Amalgamations After Envision

  • November 01, 2011
  • Mark Tozer

An amalgamation is defined for the purposes of subsection 87(1) as a merger of taxable Canadian corporations where all of the property, liabilities and shareholders of the predecessor corporations immediately...

Peter Sommerer v. The Queen: the Tangled Web of subsection 75(2) Unravelled

  • November 01, 2011
  • Michele Anderson

The recent decision in Sommerer v. The Queen, in particular, the interpretation of subsection 75(2) and whether it applied in the context of a fair market value sale of shares by the Appellant, one of the beneficiaries of an Austrian private foundation, to the foundation.