Tax

We provide strategic, practical tax advice that simplifies complexity, minimizes risk, and maximizes value in every transaction.
Key Contacts
Nijhawan AnuWang Julia
Writing on form

Overview

One of the main goals in a corporate transaction is to maximize profit while minimizing risk. This takes sound tax advice, given the complexities of the Canadian tax system and the range of rules and laws that govern domestic and foreign companies. Bennett Jones' corporate tax practice provides sophisticated tax planning advice and creative, incisive approaches to stewarding tax-efficient transactions and solving tax controversies (read more about our Tax Litigation & Dispute Resolution practice).

Tax is an essential element in helping clients maximize the return on their investments and operations. With that in mind, our tax lawyers are brought into transactions at the outset, and play a strategic role in the structuring and negotiation of mergers, acquisitions, divestitures, and all range of business ventures.

Our tax lawyers have a broad range of significant experience on both the Canadian and cross-border aspects of transactions in the resource, manufacturing, financial services, communications, technology, real estate, transportation, power (conventional and alternative) sectors. We advise private equity investors, pension funds and sovereign wealth funds and have been involved in the conversion of income trusts and royalty funds to corporate form.

,,The entire tax team is very strong, both technically and from a personality standpoint.,,

What Clients Say

Our experience encompasses the implementation of tax-efficient equity incentive plans, including stock options, restricted share trusts and phantom units (SARs, RSUs and DSUs). We also advise clients on employee ownership trust (EOT) structures and the opportunities for succession planning and ownership transition, having implemented one of the first EOTs in Canada. 

Our practice includes all aspects of sales tax, GST, anti-dumping and other trade and commodity taxes. This commodity tax expertise is brought to bear both in connection with transactions involving cross-border flows of manufactured goods, financial services and commodities, and in tax controversy work.

As part of our practice we deal with the Canada Revenue Agency and international tax authorities in obtaining advance income tax rulings. We are called upon frequently to advise and provide opinions on proposed changes to both federal and provincial tax legislation and to advise on the handling of tax audits, and litigate tax reassessments. We also advise corporations in connection with stock option and other equity compensation arrangements.

Members of our group are active participants and leaders in tax organizations such as the Joint Committee on Taxation of the Canadian Bar Association and the Canadian Institute of Chartered Accountants, the International Fiscal Association, the Canadian Tax Foundation and the Canadian Petroleum Tax Society. Many of our lawyers are recognized as leading practitioners in the area of corporate taxation by Lexpert, Euromoney's guides to the world's leading lawyers and Chambers Global:The World's Leading Lawyers for Business.

Client Work

Canadian Pacific Kansas City

in its historic US$31-billion cash and stock cross-border merger with Kansas City Southern

CoolIT Systems

in its US$270 million sale to KKR

Canadian Utilities

in its restructuring, co-ownership and financing arrangements with Chiniki and Goodstoney First Nations

Canadian Utilities

in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages

Flexpoint

in a structured investment and strategic partnership in Nettwerk Music Group

Heartland Generation

in its C$658 million sale to TransAlta

Hillcore

in its $392-million acquisition of Thompson Construction Group, based primarily in Edmonton

Hut 8

in its US$1-billion all-stock merger of equals with US Data Mining Group to create one of North America's leading digital asset mining businesses

Loyalty Ventures

in connection with a potential financial restructuring of LVI’s indebtedness

Nippon Steel

in its 2024 C$1.15-billion investment in Elk Valley Resources, a steelmaking coal business to be spun out as an independent public company from Teck Resources

Osisko

in its C$600-million 50-50 joint venture with a Gold Fields affiliate for ownership and development of the Windfall gold project, located in Abitibi, Eeyou Istchee James Bay

Pine Cliff

in its 2023 C$100-million acquisition of a privately held oil and natural gas producer by way of takeover bid

Questrade

in its acquisition of Flexiti Financial, a Canadian point-of-sale financing business, from CURO Group Holdings

Repsol Oil

in its US$468-million sale of all partnership interests of Repsol Canada Energy Partnership to Peyto Exploration & Development

Riverstone

in Lithium Royalty's pre-closing reorganization and C$150-million initial public offering, the largest Canadian IPO of 2023

Secure Energy

in its C$1.075-billion asset sale of certain waste management facilities

Vale

in connection with a spin-out by VCL's parent, Vale S.A.

Grantbook

in its implementation of an employee ownership trust structure under the Income Tax Act (Canada)

Cresco Labs

in its US$2-billion acquisition of Columbia Care 

Cresco Labs

in its acquisition of Tryke Companies, including the Reef Dispensary Portfolio, for US$252.5 million for Tryke operating assets plus US$30 million for Tryke real estate assets

Excellon Resources

in its $32.3-million acquisition of Otis Gold Corp by way of a Statutory Plan of Arrangement under the BCBCA

Canadian Pacific Railway

in its public offering of $300-million aggregate principal amount of 3.05% notes due 2050

Canadian Pacific Railway

in its public offering of US$500-million aggregate principal amount of 2.050% notes due 2030

United Active Living

in matters related to ownership and operations of assisting living housing projects.

Kissner Group Holdings

completed its acquisition of NSC Minerals, a market-leading provider of salt products in Western Canada and the North Central United States, from an investor group led by Altas Partners

Katanga Mining

in its $7.6-billion rights offering financing backstopped by Glencore to fund debt repayment to Glencore

Inuvialuit Development Corporation

in the merger of Canadian North and First Air (owned by Makivik Corporation), to create a Inuit-owned unified northern Canadian airline

Northern Metalic Sales

in its sale to affiliates of Side Management

Holloway Lodging Corporation

in the acquisition by Clarke of all of the issued and outstanding common shares of Holloway that it does not currently own by way of statutory plan of arrangement

Devon Canada Corporation and Devon Canada Crude Marketing Corporation

in their approx. $3.8-billion sale of substantially all of their assets to Canadian Natural Resources Limited

Zedi

in the sale of its software and automation businesses to affiliates of Emerson Electric

Bellatrix

in its recapitalization pursuant to the CBCA

Broadridge Financial Solutions

in its approximately US$300-million acquisition of RPM Technologies

CIP Capital Management

in its acquisition of People 2.0

BSM Technologies

in its approximately $117.3-million sale to Geotab by way of plan of arrangement

ATCO

completes private placement of $200M fixed-to-floating subordinated notes

Algonquin Power Utilities

registered fixed to floating subordinated notes southbound MJDS offering

Ad Hoc Committee of Unsecured Debtholders

in the US$4 billion recapitalization of Concordia International

Baker Technologies

in its business combination with Santé Veritas Holdings, Briteside Holdings and Sea Hunter Therapeutics

Recognitions

Chambers Canada

Tax

Chambers Global

Tax

Legal 500 Canada

Tax

Canadian Legal Lexpert Directory

Corporate Tax

ITR Americas Tax Awards

2022 Canada Indirect Tax Firm of the Year
2022 Impact Deal of the Year, Canadian Pacific Railway's historic US$31 billion merger with Kansas City Southern

World Tax

Ranked (Tier 1), Tax Controversy
Ranked (Tier 2), Transactional Tax
Ranked (Tier 2), Tax

Explore Our Services

Transfer Pricing

Transfer Pricing

We help businesses manage transfer pricing risks and opportunities with integrated tax and customs strategies, effective compliance and strong advocacy in audits and disputes.
Tax Litigation & Dispute Resolution

Tax Litigation & Dispute Resolution

We help clients resolve complex tax disputes efficiently and strategically, from CRA audits to appeals before Canada's highest courts.

Anu Nijhawan KC

Lead Director and Head of Tax Department

The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.