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Jared A. Mackey

Corporate Tax Lawyer at Bennett Jones Calgary

Partner

Anu Nijhawan

M&A, Corporate Financing and International Tax Lawyer at Bennett Jones Calgary

When Canadian multinationals issue discounted bonds, notes and similar obligations in a foreign currency, the tax consequences of repaying the debt are governed by subsections 39(2) and paragraph 20(1)(f) of the Income Tax Act (Canada). <a href="/People/M/Mackey-Jared">Jared Mackey</a> and <a href="/People/N/Nijhawan-Anu">Anu Nijhawan</a> explore the application and interaction of these provisions, which can give rise to unexpected results.

Tax Considerations on the Repayment of Discounted Foreign Currency Obligations

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

Associate

Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the efficacy of any such arrangement requires that no tax be payable prior to the time an individual receives a cash payout. To ensure that result, it is critical to avoid the application of the "salary deferral arrangement" rules under the Income Tax Act (Canada).

Incentivizing Employees Avoiding a Salary Deferral Arrangement

Incentivizing Employees: Avoiding a Salary Deferral Arrangement

Retirement compensation arrangements (RCAs) are, in appropriate circumstances, a useful tool for employers to provide supplemental pension benefits to employees, but such arrangements come at a cost of refundable tax under the Income Tax Act (Canada) (the ITA). The <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.budget.canada.ca/2023/home-accueil-en.html" target="_blank">2023 Federal Budget</a> (the Budget), released on March 29, 2023 (Budget Day), proposes to amend the ITA to exempt, from the refundable tax, fees or premiums to the extent paid for the purposes of securing or renewing a letter of credit or a surety bond for an RCA structured as supplement to a registered pension plan.

Supplemental Pension Plans Secured with Letter of Credit Budget Proposes Refundable Tax Relief

Supplemental Pension Plans Secured with a Letter of Credit—Federal Budget 2023 Proposes Refundable Tax Relief

The Canadian Tax Foundation's newsletter Perspectives on Tax Law and Policy (June 2022) features an article by Anu Nijhawan and Jared Mackey on <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.ctf.ca/CTFWEB/EN/Newsletters/Perspectives/2022/2/220205.aspx?_zs=J83WL1&_zl=IuCI2" target="_blank">Reimagining the Determination of Tax Avoidance</a>.

Canadian Tax Foundation Reimagining the Determination of Tax Avoidance

Canadian Tax Foundation: Reimagining the Determination of Tax Avoidance

Natalia E. Iamundo

Commercial Real Estate Lawyer at Bennett Jones Toronto

Canada&rsquo;s proptech sector is entering a new phase marked by disciplined growth, scaled AI implementation and deeper public-private collaboration. The 2026 Proptech in Canada report highlights a funding reset, a shift from AI experimentation to real-world deployment and significant government investment aimed at addressing housing affordability.

Building the Future Canadas 2026 Proptech Evolution

Building the Future: Canada's 2026 Proptech Evolution

Mark V. Lewis

Commercial Real Estate Lawyer at Bennett Jones Vancouver

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Harpreet Sidhu

Real Estate Associate

In Culos Development (1996) Inc. v. Baytalan, 2025 BCCA 265, the British Columbia Court of Appeal ordered specific performance for breach of an option to purchase, overturning the trial decision. The Court held that substantial pre-development work and limited market substitutes can establish a property&rsquo;s uniqueness, confirming that there is no presumption of replaceability in real estate disputes.

British Columbia Court of Appeal Awards Specific

British Columbia Court of Appeal Awards Specific Performance in Culos Development (1996) Inc. v. Baytalan, 2025 BCCA 265

Vincent M. de Grandpré

Intellectual Property Litigation and Strategy Lawyer at Bennett Jones Toronto

Shelby Morrison

Commercial Litigation Lawyer at Bennett Jones Toronto

A recent Federal Court of Canada decision in Alexa Translations v. Amazon highlights an alternative approach to assessing trademark damages. Recognizing the challenges of proving lost sales and goodwill impairment, the Court accepted that a reasonable royalty based on a hypothetical negotiation may be an arguable remedy. This approach could provide trademark owners with a more practical and meaningful path to compensation.

Recent Federal Court Decision Highlights Alternative Path to Proving Trademark Damages

Federal Court Decision Highlights Alternative Path to Proving Trademark Damages

Christine A. Viney

Commercial Litigation Lawyer at Bennett Jones Calgary

Margaret (Meg) Bennett

Kaamil Khalfan

The Supreme Court of Canada&rsquo;s decision in Emond v Trillium Mutual Insurance Co clarifies how insurance policies are interpreted when endorsements enhancing coverage conflict with policy exclusions. The Court confirmed that a guaranteed rebuilding cost endorsement does not extend coverage to costs expressly excluded, highlighting potential gaps for homeowners and the importance of reviewing policies holistically.

Emond Rebuilding Dreams or Interpreting Realities The Supreme Court Weighs In

Emond: Rebuilding Dreams or Interpreting Realities? The Supreme Court Weighs In

William S. Osler KC

Capital Markets, Securities, M&A and Corporate Governance Lawyer at Bennett Jones Calgary

Mia Bacic

Corporate and Securities Lawyer at Bennett Jones Vancouver

Tinashe Muzah

Articling Student at Bennett Jones in Calgary 

Articling Student

The CSA has finalized amendments and ongoing initiatives to modernize continuous disclosure for investment funds, aimed at streamlining requirements, reducing regulatory burden, and improving investor clarity.

Employee Stock Purchase Trusts: an Alternative to Restricted Stock Plans

From the Same Authors