Tax Litigation & Dispute Resolution

Based upon our experience in resolving and mitigating the risks of Canadian tax disputes, we provide clear and cost-effective paths to success for our clients.

Tax disputes have increasingly become a way of life for taxpayers both in Canada and beyond. In the face of intense media scrutiny relating to tax avoidance and tax evasion, the Canadian government has provided CRA with additional resources to expand CRA audits of Canadian taxpayers, to focus on cross-border transactions and to target specific types of arrangements that CRA considers offensive. Taxpayers face the ongoing challenge of defending tax positions and managing tax risk in the face of a constantly changing legislative, administrative and judicial landscape.

Bennett Jones lawyers are well positioned to provide strategic advice and support to clients in avoiding tax disputes, managing tax disputes when they arise, resolving tax disputes prior to litigation and, if necessary, litigating the disputes through the courts. We work with our clients to resolve tax disputes efficiently and effectively. Our lawyers represent clients in the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, provincial courts, the Supreme Court of Canada and in dealings with CRA, including Canadian Competent Authority.

Bennett Jones was founded in 1922 and has been providing Canadian tax advice to clients for decades. Members of our Tax Litigation and Disputes Resolution Group collectively offer over 150 years of experience to clients. Bennet Jones has more individuals ranked in Chambers Global with respect to Tax Litigation than any other law firm in Canada. Former Supreme Court of Canada Justice, the Honorable John C. (Jack) Major CC, QC, is Counsel to the firm and Bennett Jones lawyers have been appointed as judges of the Tax Court of Canada, the Federal Court and the Federal Court of Appeal. Ed Kroft, Q.C., has served on the Tax Court of Canada Rules Committee and the Federal Court Bench and Bar Committee. We publish Bennett Jones on Tax Disputes through Thomson Reuters and TaxNetPro.

The Bennett Jones Tax Litigation & Dispute Resolution team advises clients on tax disputes relating to issues such as the following:

Cases Representative of Our Lawyers' Experience

• The Mark Anthony Group Inc. v. The Queen, 2017 TCC 141
• CBS Canada Holdings Co. v. The Queen, 2018 TCC 188
• CIT Group Securities (Canada) Inc. v. The Queen, 2016 TCC 163 and 2017 TCC 86
• Canada v. Repsol Canada Ltd., 2017 FCA 193
• Transalta Corporation v. The Queen, 2012 FCA 20
• Canada v. Global Equity Fund Ltd., 2012 FCA 272
• Theratechnologies Inc. v. Minister of National Revenue, 2012 FC 1376
• HSBC Bank Canada v. The Queen, 2011 TCC 37, 2010 TCC 462 and 20110 TCC 228
• Husky Oil Ltd. v. The Queen, 2010 FCA 125
• Lipson v. The Queen, 2007 FCA 113 and 2009 SCC 1
• The Queen v. McLarty, 2008 SCC 26
• MacKay v. The Queen, 2007 TCC 94 and 2008 FCA 105
• Univar Canada Ltd. v. The Queen, 2005 TCC 723