Category Archives: Cases

Quotes

Posted on January 31, 2012 by John Loukidelis

I’ve been quoted a couple of times recently in tax-related stories in The Lawyers Weekly, most recently in a story on Johnson v R, 2011 TCC 540, which I wrote about here.

Posted in Cases, Miscellaneous | 1 Comment

Corollary

Posted on January 3, 2012 by John Loukidelis

In Vankerk v R, 2006 FCA 96 (which I wrote about here), the Court held that a taxpayer could not deduct a loss incurred in connection with an “investment” in a business that turned out to be a fraud. A … Continue reading →

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Fuzzy logic

Posted on December 12, 2011 by John Loukidelis

Is a gain realized on a sale of real property a capital gain or must it be fully included in income, perhaps because the sale was in connection with an “adventure in the nature of trade”? One might think that … Continue reading →

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Acting in concert

Posted on November 21, 2011 by John Loukidelis

Two unrelated individuals each own 50% of a corporation. If the daughter of one of them is an employee of the corporation, does she deal with it at arm’s length for the purposes of subsection 5(2) of the Employment Insurance … Continue reading →

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Disbursement headache?

Posted on November 4, 2011 by John Loukidelis

The following article will appear in an upcoming issue of the HLA Journal.

Posted in Cases, Miscellaneous | 1 Comment

160 and Knowledge

Posted on October 6, 2011 by John Loukidelis

For the purposes of section 160 of the Income Tax Act, it does not matter whether the transferor or transferee knows that the transferor owes tax at the time of the transfer. What they intend to accomplish by making the … Continue reading →

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Measuring Employment Benefits

Posted on October 5, 2011 by John Loukidelis

If you teach at a private school, and the school offers your children discounted tuition as part of your compensation package, what is the value of the benefit that must be included in your income for the purposes of the … Continue reading →

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Gifts and Family Law

Posted on September 23, 2011 by John Loukidelis

When the patriarch or matriarch of a family decides to implement a freeze it is quite common for him or her to insist that the gift of the growth shares be excluded from net family property for the purposes of … Continue reading →

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Buckingham

Posted on September 6, 2011 by John Loukidelis

For those of us who defend director liability cases, R v Buckingham, 2011 FCA 142, is a must-read.

Posted in Cases, Corporations, Individuals | 1 Comment

Nullity

Posted on August 24, 2011 by John Loukidelis

I’ve said it before, and I’ll say it again: the procedural rules for tax disputes are strict: they do not leave room for what is “fair”. In Hess v. R, 2011 TCC 387, the taxpayer, it might have been argued, … Continue reading →

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