Tax Litigation and Dispute Resolution

The Tax Litigation specialty group knows that resolving a tax dispute with the tax authority can be an easy or difficult process. Much depends on the ability of the people that represent the clients’ interests. We also know that the court process is expensive and so if a tax dispute can be resolved or avoided before engaging the court process then that dispute should be settled.

Our tax litigation lawyers are dedicated to finding the ultimate solution to a client’s federal, provincial or international tax dispute problem(s).

Our tax litigators have substantive tax expertise on a broad range of complex tax matters. Our tax litigators also have an unparalleled and comprehensive understanding of the subtlety of tax procedures and the tax dispute resolution process. Our tax litigators further possess extensive knowledge and experience dealing with provincial, federal and international state tax authorities. Most importantly, our tax litigation lawyers have a proven track record of success in resolving tax disputes.

We represent all types of taxpayers embroiled in a broad range of the simple to the complex tax conflicts with tax authorities in a progressively aggressive tax enforcement environment. Our clients range from Canadian-based corporations, multinational companies with operations based in Canada, manufacturers, financial service companies, insurance companies, technology-based corporations and many more, including high net worth individuals. Since tax disputes and the associated tax litigation can be either or both civil and/or criminal in nature, we have proven and successful expertise in both the civil and criminal areas of tax law. Our tax litigators include former Department of Justice counsel in both the civil and criminal tax fields.

We can help clients manage the audit process, the Canada Revenue Agency (CRA) internal appeals process, the provincial appeals division process, and we can represent clients at all levels of court - from the provincial courts to the Supreme Court of Canada.

We have the know-how to properly prepare Notices of Objection, Notices of Appeal, respond to enquiries by the tax authorities including such statutory administrative enforcement tools as requirements for information. We can prepare Voluntary Disclosures, we can defend against charges of tax evasion and misrepresentation or other tax-related criminal charges. Whatever a client’s tax dispute resolution needs, we have the ability and capacity to spearhead a successful campaign to either resolve the tax dispute or to effectively litigate it before the courts.

We have been involved in a number of tax litigation matters including the following:

• Advocating successfully for our religious organization clients regarding an allowance available to their clergy
• Successfully appealing a personal services business reassessment of a corporation
• Successfully appealing a case where a taxpayer’s reasonable expectation of profit was at issue
• Successfully appealing cases involving personal liability of directors
• Advocating successfully with respect to provincial resource taxation
• Successfully appealing an assessment that ignored the existence of a joint venture
• Successfully advocating transfer pricing cases
• Currently advocating whether a fixed base in Canada exists with respect to a non-resident
• Successfully arranging taxpayer voluntary disclosures