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Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Partner

Andrew Young

Tax Lawyer at Bennett Jones Toronto

Associate

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

This January 2026 edition of Bennett Jones on Tax Disputes highlights recent Canadian tax litigation, including key decisions on directors&rsquo; liability limitation periods, arrears interest on reassessments, and compliance orders. The featured cases emphasize the courts&rsquo; focus on statutory interpretation, procedural fairness, and taxpayer diligence, while offering practical guidance for managing dispute risk and financial exposure.

Bennett Jones on Tax Disputes Issue 40 January 2026

Bennett Jones on Tax Disputes: January 2026

Wesley R. Novotny

Corporate Tax Lawyer at Bennett Jones Calgary

Wade Ritchie

Tax Lawyer at Bennett Jones Calgary

Zachary Thacker

Canada has proposed amendments to its employee ownership trust (EOT) rules that improve clarity, reduce risks from disqualifying events, and expand access to the C$10 million capital gains deduction. These changes make EOTs a more practical and attractive succession planning tool for business owners.

New Legislative Proposals Boost the Appeal of Employee Ownership Trusts

Greg M. Johnson

Energy Tax & Corporate Lawyer | M&A, Reorganizations & PE

Brendan Sigalet

Part II focuses on the practical application of the Clean Technology, Clean Hydrogen, Clean Technology Manufacturing and Clean Electricity ITCs—many of which were enacted in 2024 through Bill C-59 and Bill C-69. The authors also examine the soon-to-be-legislated EV supply chain ITC

Climate Change Initiatives

Climate Change Initiatives: Selected Recent Changes and the Application of Existing Tax Principles to Clean Energy—Part 2

Wesley Novotny, Wade Ritchie and Zachary Thacker write in <a rel="noopener noreferrer" href="https://www.law360.ca/ca/employment/articles/2300571/a-new-chapter-in-business-succession-the-emergence-of-employee-ownership-trusts" target="_blank">Law360 Canada</a> on Employee Ownership Trusts and the benefits they offer to employees and business owners.

A New Chapter in Business Succession The Emergence of Employee Ownership Trusts

A New Chapter in Business Succession: The Emergence of Employee Ownership Trusts

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Samantha Weng

Real Estate Lawyer at Bennett Jones Toronto

This blog examines how shifting market conditions in Toronto and the GTA are reshaping the delivery of affordable housing, including recent changes to inclusionary zoning. It highlights key public and private sector initiatives&mdash;such as Housing Now, Toronto Builds, and innovative financing models&mdash;that are advancing new supply despite economic challenges. The piece also explores how stakeholders are adapting strategies to balance policy goals with market realities.

Affordable Housing in Challenging Times

Affordable Housing in Challenging Times: Market Update and Insights from Active Projects in Toronto and the GTA

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Makda Yohannes

Commercial Litigation Lawyer at Bennett Jones Toronto

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

Artificial intelligence is increasingly used to generate music and curate playlists, raising new questions about copyright protection under Canadian law. This blog examines whether AI-generated songs and playlists can qualify as copyright-protected works or compilations, and how courts may assess originality and human authorship. It also outlines practical considerations for artists, platforms and organizations using AI tools in the creative process.

Copyright in Compilations AI Generated Music and Playlists Under Canadian Law

Copyright in Compilations: AI‑Generated Music and Playlists Under Canadian Law 

Emma Danaher

Associate 

As artificial intelligence tools become more autonomous, they are creating new legal risks, including the potential for AI-generated defamation. This article explores how Canadian courts may assess liability when AI agents publish harmful or false statements, and why companies deploying these tools must implement strong governance, safeguards and oversight. It also examines how existing Canadian defamation principles may apply to emerging AI technologies.

When AI Speaks for Itself How AI is Reshaping Defamation Risk

When AI Speaks for Itself: How AI is Reshaping Defamation Risk

Jehad Haymour

Tax Litigation Lawyer at Bennett Jones Calgary

Sophie Virji

Anna Lekach

The Tax Court of Canada allowed ExxonMobil Canada Resources Company&rsquo;s appeal in a significant transfer pricing dispute concerning the deductibility of feasibility study costs related to a proposed Alaska-to-North America natural gas pipeline project. The Court found that the costs were incurred for the purpose of earning income and rejected the Minister&rsquo;s transfer pricing adjustments and Part XIII tax assessment. The decision provides important guidance on transfer pricing analysis, the application of the OECD Guidelines and the evidentiary role of expert testimony in tax disputes.

ExxonMobil Wins in Tax Court in Transfer Pricing Dispute

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Helen Cassie

Associate at Bennett Jones Vancouver

This first installment in a three-part series examines the federal government&rsquo;s creation of Build Canada Homes (BCH) and the policy shift toward a more delivery-oriented role in housing development. It situates BCH within current market conditions and outlines how the new Crown corporation is intended to accelerate affordable housing supply through partnerships with the private and non-profit sectors.