◄ Back to Homepage
All times listed in Eastern time.


This event will be of interest to experienced practitioners looking for the latest insights on international and Canadian tax issues affecting large corporations, tax dispute resolution, and tax policy and administration.  The outstanding roster of speakers will address tax changes for domestic and global business in the context of challenging economic circumstances, and there will also be an opportunity to hear directly from senior government officials and judges of the Tax Court.

Day 1: Monday, October 26, 2020

CANADIAN CORPORATE TAXATION
Moderator
 Dylan Hughes, CPA, CA, MNP LLP, Calgary

11:00AM
11:45AM

Most Important Tax Cases of the Year

A panel of experts with diverse backgrounds will discuss the impact and future applications of the legal principles that have emerged from recently decided cases, from the perspective of both taxpayers and tax authorities.

Derek Innis, CPA, CA,
MNP LLP, Toronto
Michael Taylor,
Department of Justice, Vancouver
John J. Tobin,
Torys LLP, Toronto

11:45AM
11:55AM

Question/Answer Period

11:55AM
12:00PM

Break
Moderator
 Monica Biringer, Osler, Hoskin & Harcourt LLP, Toronto

12:00PM
12:45PM

Tax Considerations in Restructuring under the Companies’ Creditors Arrangement Act

The financial restructuring of a corporate debtor under the Canadian federal Corporate Creditors Arrangement Act (CCAA) gives rise to numerous procedural and substantive tax considerations. This presentation will describe the CCAA process and typical CCAA plans of arrangement to compromise claims and effect distributions to creditors and discuss selected tax issues arising thereunder. The session will address different CCAA filings, including those where the business is effectively wound up.  The tax issues to be addressed include dealing with the CRA as potential claimant, CRA income and harmonized sales tax audit and assessing practices in the context of a CCAA proceeding, and Crown priority issues.  The session will also address certain tax aspects of plan implementation such as withholding taxes on distributions and tax clearances for representatives.

Janette Pantry, CPA, CA, EY LLP, Vancouver
Carrie Smit,
Goodmans LLP, Toronto

12:45PM
12:55PM

Question/Answer Period

12:55PM
1:00PM

Break

1:00PM
1:45PM

Businesses in Financial Distress: Selected Tax Issues

Companies in financial distress must have regard to various tax issues in any effort to reorganize or restructure to improve their situation. This presentation will discuss selected tax issues in debt restructuring transactions, with a special focus on the tax considerations arising on debt for equity and/or assets and debt for debt exchanges in the context of syndicated financing arrangements. These would include working effectively with the debt forgiveness and foreclosure rules to preserve tax attributes, acquisition of control issues and consequences, and other issues relevant to creditors and shareholders.

Kim Brown,
McCarthy Tétrault LLP, Vancouver
Brian Kearl,
Dentons Canada LLP, Calgary

1:45PM
1:55PM

Question/Answer Period

1:55PM
2:00PM

 Break
INTERNATIONAL TAXATION
Moderator
Ken Buttenham, PwC Canada LLP, Toronto

2:00PM
2:40PM

Recent Developments in International Taxation

This session will address a variety of developments in international tax that are recent, other than those covered in-depth by other sessions.
There have been many important developments including:

  • the release of various US final and proposed regulations relating to the 2017 tax reform
  • US tax measures released as part of the COVID-related CARES Act
  • the adoption of CUSMA and its impact on the application of derivative benefits provisions of US tax treaties
  • various EU measures introduced or coming into force
  • administrative measures in various countries, including Canada, as well as OECD guidance, on the impact on corporate residency and permanent establishment status, among other concerns, of COVID-related travel restrictions
  • Canadian jurisprudence, including the Alta Luxembourg, Loblaw Financial and BMO decisions
  • Canadian administrative developments
  • foreign jurisprudence on various international tax topics


Jennifer Hanna, BLG LLP, Calgary
Hetal Kotecha, CPA, CA,
BDO Canada LLP, Calgary

2:40PM
2:50PM

Question/Answer Period

2:50PM
3:00PM

Break

Moderator
Angelo Nikolakakis, EY LLP, Montreal

3:00PM 
3:45PM

OECD Update


The global pandemic has highlighted the need for the continued development of BEPS 2.0, particularly Pillar One and Pillar Two. The OECD recently said that the increased use of digital services and the need to restore public finances can accelerate efforts to reach an agreement on Pillar One. They also stated that the rising pressure on public finances may strengthen the push for minimum taxation of multinational entities under Pillar Two. In light of this background, this session will focus on the progress the consultations, to see if consensus can be reached to move forward. This session may also explore the OECD guidance issues on international tax issues as a result of COVID-19 such as recommendations for temporary changes in transfer pricing.

Patrick Marley, Osler, Hoskin & Harcourt LLP, Toronto
Penelope Woolford, FCPA, FCA,
KPMG LLP, Toronto

3:45PM 
3:55PM

Question/Answer Period

3:55PM 
4:00PM

 Break

4:00PM
4:50PM

Transfer Pricing

This session will provide an update on the developments in transfer pricing, including the OECD’s updated transfer pricing guidance on financial transactions and the Canadian government’s cancellation of IC 87-2R. The session will also discuss:

  • implications of cancelling IC 87-2R;
  • an overview on the current state of affairs at multinationals;
  • techniques that can lower the financial impact on the business;
  • strategies and processes to avoid transfer pricing risk and in particular, addresses the current disruption to supply chains;
  • restructuring profit and loss allocation and cross border financial support;
  • IP agreements and advance pricing agreements;
  • reallocation of functions, assets and risk across the group; and
  • supporting comprehensive transfer pricing documentation in a rapidly changing economic environment.


Markus Navikenas, Deloitte LLP, Calgary
Kevin H. Yip, Faksen LLP, Toronto

4:50PM
5:00PM

Question/Answer Period

5:00PM

Adjournment

Program is subject to change. Please check back frequently for the most up-to-date version

Day 2: Tuesday, October 27, 2020

TAX CONTROVERSY

11:00AM
11:45AM

Judicial Review for Tax Advocates

What is the current scope for judicial review applications that challenge decisions of the Minister of National Revenue (“Minister”)? Judicial review of a Ministerial decision is available provided the application is not otherwise appealable to the Tax Court. It is not available to challenge Ministerial decisions involving the validity of an assessment, the admissibility of evidence supporting an assessment, abuse of Tax Court processes, and inadequate processes in issuing an assessment.

Recently, the Supreme Court of Canada (“SCC”) released a trilogy of decisions, including Minister of Citizenship and Immigration v. Vavilov, which have arguably provided tax practitioners with a greater scope to challenge discretionary decisions of the Minister. In those decisions, the SCC established a new rebuttable presumption, holding that challenges to administrative decisions generally will be determined on a reasonableness standard and also elevating the importance of coherent written reasons for decision.

This session will provide a comprehensive summary of the current permissible scope for judicial review challenges in tax contexts. In particular, it will:

  • review the scope for judicial review in the tax context prior to SCC trilogy;
  • consider the SCC trilogy and the key implications for judicial review in the tax context; and
  • discuss the tax cases decided after the SCC trilogy which have considered those implications


Timothy Fitzsimmons,
PwC Law LLP, Toronto
Michelle Moriartey,
Legacy Tax + Trust Lawyers, Vancouver
John A. Sorensen,
Gowling WLG (Canada) LLP, Toronto

11:45AM
11:55AM

Question/Answer Period

11:55AM
12:00PM

Break
Moderator
 Carla Lamash, Department of Justice, Edmonton

12:00PM
12:50PM

Procedural Matters in the Tax Court of Canada

This session will include a discussion of the following:

  • Pleadings advice for counsel (with specific points for taxpayer’s counsel and Crown).
  • Advocacy advice for counsel (with specific points for taxpayer’s counsel and Crown).
  • Litigation timetables and requests for extension: What works and what doesn’t.
  • Delays in executing the preliminary steps and non-respect of orders.
  • Case management is here to stay: Deal with it!
  • Multiplication of requests or motions during case management, counsel behavior during case management.
  • Settlements out of court (including how best to approach the settlement conference).
  • Parties’ behavior during settlement conferences.
  • Delays in implementing out of court settlement.
  • To adjourn or not to adjourn?
  • Numerous requests for adjournment

The Hon. Eugene P. Rossiter, Chief Justice, Tax Court of Canada, Ottawa
Nathalie Goyette,
Davies Ward Phillips & Vineberg LLP, Montreal
Matthew Williams,
Thorsteinssons LLP, Toronto

12:50PM
12:55PM

Question/Answer Period

12:55PM
1:00PM

Break

Moderator
 Brooke Sittler, Department of Justice, Saskatoon

1:00PM
1:40PM

TCC Current Developments

This session will include a discussion of the following:

  • Cost awards
  • preliminary ruling docket
  • Hot tubbing of experts
  • Litigation of group appeal


The Hon. Justice Robert J. Hogan,
Tax Court of Canada, Ottawa
Pierre-Louis Le Saunier,
Stikeman Elliott LLP, Montreal
Ken S. Skingle,
Felesky Flynn LLP, Calgary

1:40PM
1:50PM

Question/Answer Period

1:50PM
2:00PM

 Break
TAX ADMINISTRATION AND POLICY

2:00PM
2:40PM

Business Tax Reform

This panel will explore selected measures to reform business taxation in Canada. As Canada emerges from the pandemic, it is more important then ever to have a modern, understandable and predictable tax system. The panel will focus on reforms to domestic, inbound and outbound rules. They will also discuss some potential improvements to the process of making and administering tax laws.

Amanda Heale, Blake, Cassels & Graydon LLP, Toronto
Jeffrey Trossman,
Blake, Cassels & Graydon LLP, Toronto
Geoffrey S. Turner,
Davies Ward Phillips & Vineberg LLP, Toronto

2:40PM
2:50PM

Question/Answer Period

2:50PM
3:00PM

Break

3:00PM
3:45PM

Administrative Reform

This session will feature a conversation with senior officials of the CRA, sharing insights into the unprecedented government response to the COVID-19 pandemic. How did CRA respond to the challenge? What lessons can be drawn from the experience? What lasting impacts might be expected to Canadian tax administration?

Bruce Ball, FCPA, FCA, CFP, CPA Canada, Toronto
Heather L. Evans,
Canadian Tax Foundation, Toronto
Ted Gallivan,
Assistant Commissioner, Compliance Programs Branch, Canada Revenue Agency, Ottawa
Frank Vermaeten,
Assistant Commissioner, Assessment and Benefit Services Branch, Canada Revenue Agency, Ottawa

3:45PM
3:55PM

Question/Answer Period

3:55PM
4:00PM

Break

4:00PM 
5:15PM

CRA Roundtable Discussion

Stéphane Prud'Homme, Director, Reorganizations Division, Income Tax Rulings Directorate, Canada Revenue Agency, Ottawa
Catherine (Cathie) Brayley,
Miller Thomson LLP, Vancouver
Martin A.U. Sorensen,
Bennett Jones LLP, Toronto

5:15PM

Adjournment

Program is subject to change. Please check back frequently for the most up-to-date version

No content found

No content found

No content found