September 28, 2026
Section 84.1 of the Income Tax Act, the intergenerational transfer rules, has since 2024 contained a working exception for sales of a private company to a child’s corporation. Paragraph 84.1(2)(e) deems the vendor and the purchaser corporation to deal at arm’s length where the conditions of either ss. 84.1(2.31) or (2.32) are met, which switches off the deemed dividend and leaves the vendor with a capital gain eligible for the lifetime capital gains exemption — $1,275,000 for 2026. The conditions are not tax conditions. They are a statutory description of a vendor who has left the business, and the vendor’s counsel, not the accountant, is the one who has to make the client match it.
September 28, 2026
The United States has launched tariffs under the Trump regime, and possibly future regimes, to counteract its decline as the world’s leading superpower. These tariffs impact valuation of any business engaged in global trade. To value such businesses, one must consider where the business operates, and whether that jurisdiction adjusted (i.e., Australia or Ireland, etc.), complied or negotiated a deal (i.e., the EU, Japan, U.K. and others), or retaliated (i.e., China or Canada).
September 25, 2026
Barry Anthony Cullain owned one-third of an Ontario elevator maintenance business and was its vice-president of operations. The other two shareholders each held a third. While an acquisition financing was closing, they proposed to buy his shares. The financing failed. They took him off the payroll and said he had retired.
September 25, 2026
Supreme Court of Canada Justice Suzanne Côté has significantly impacted the top court’s jurisprudence and culture since her appointment almost 12 years ago, says University of Alberta constitutional law professor Gerard Kennedy.
September 25, 2026
Supreme Court of Canada Justice Suzanne Côté is thinking about what life after the bench might look like, she tells Law360 Canada. The court’s impactful and most prolific judge, who turned 68 this week with no apparent loss of drive or energy, says she is healthy and still loves the work that has earned her a reputation as a trailblazer and original thinker.
September 24, 2026
A proposal to introduce three new federal income tax brackets for high earners would generate an additional $4.5 billion in net federal revenue over the 2026-27 to 2030-31 period, according to an estimate released by the Parliamentary Budget Office on Sept. 22.
September 24, 2026
Part one of this series examined how the Federal Court of Appeal in Siam v. Canada, 2026 FCA 91 applied the Mpamugo v. The Queen, 2016 TCC 215 framework to a taxpayer’s claim that the Canada Revenue Agency (CRA) never sent his original Notice of Assessment.
September 24, 2026
I used to advise clients who were involved in shareholder disputes. I would always ask whether the shareholders had been less than angelic in their dealings with each other and the tax department. Although businesspeople tend not to judge people who only steal from the tax department to be all that bad, for the sake of simplicity I will refer to both shareholders who steal from each other, and shareholders who steal from the tax department, as crooks.
September 23, 2026
This is part one of a two-part series examining Siam v. Canada, 2026 FCA 91, in which the Federal Court of Appeal addressed a recurring evidentiary problem in tax reassessment litigation: what a taxpayer must actually prove when arguing that the Canada Revenue Agency never sent an original Notice of Assessment.
September 23, 2026
Since March 26, 2026, every reporting entity under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act must under the new s. 9.6(1.1) “ensure that the program is reasonably designed, risk-based and effective.” Its schedule entry is a very serious violation with a $20 million per violation ceiling for an entity ($4 million for a person). Little has been written about what s. 9.6(1.1) actually adds: an express program-level performance standard.