◄ Back to Homepage
All times listed in Eastern time.
Online registrations are now closed for this event. Please contact conferences@ctf.ca for any inquires.


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

10:55AM
11:00AM

Opening Remarks

Heather L. Evans, Executive Director & CEO, Canadian Tax Foundation
 

Moderator

Dylan Hughes, CPA, CA, MNP LLP, Calgary

11:00AM
11:50AM

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

11:50AM
11:55AM

Question/Answer Period

Moderator

Monica Biringer, Osler, Hoskin & Harcourt LLP, Toronto

11:55AM
12:45PM

Tax Considerations in Restructuring under the Companies’ Creditors Arrangement Act

The financial restructuring of a corporate debtor under the Canadian federal Companies’ Creditors Arrangement Act (CCAA) gives rise to numerous procedural and substantive tax considerations. This presentation will describe the CCAA process and typical CCAA plans to compromise claims and effect distributions to creditors.  The session will also address alternative procedures and relevant tax considerations. In addition, the session will address issues encountered in CCAA filings including interest deductibility, the tax consequences of settling interest, the tax considerations of co-borrower arrangements, and the implications of a CCAA proceeding on a corporation’s tax obligations including addressing recent cases related to Crown priorities.

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

12:45PM
12:50PM

Question/Answer Period

12:50PM
1:10PM

Break

Moderator

Joan E. Jung, TEP, Minden Gross LLP, Toronto 

1:10PM
1:55PM

Businesses in Financial Distress: A Debt Forgiveness Primer

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

1:55PM
2:00PM

Question/Answer Period

INTERNATIONAL TAXATION

Moderator

Ken Buttenham, PwC Canada LLP, Toronto

2:00PM
2:45PM

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

2:45PM
2:50PM

Question/Answer Period

2:50PM
3:10PM

Break

Moderator

Angelo Nikolakakis, EY LLP, Montreal

3:10PM 
3:55PM

OECD BEPS 2.0 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

3:55PM 
4:00PM

Question/Answer Period

Moderator
Dominic Bédard-Lapointe, Department of Justice, Montreal 

4:00PM
4:55PM

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, Fasken LLP, Toronto

4:55PM
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

Moderator
Laura M. Peach, Legacy Tax + Trust Lawyers, Vancouver 

11:00AM
11:50AM

Judicial Review for Tax Advocates

This session will provide a comprehensive review of judicial review in a tax context in light of recent SCC jurisprudence. In particular, it will:

•  review fundamental matters, including: differentiating between disputing discretionary decisions and assessment litigation; jurisdictional questions; grounds for review; and standards of review generally;

•  consider the SCC trilogy (Bell Canada, NFL and Vavilov) and the key implications for judicial review in the tax context, including the presumption of reasonableness, elements of reasonableness and statutory interpretation issues; and

•  discuss post-trilogy tax and customs cases to seek to illustrate how the principles have been applied in practice, with prognostications about further developments in the law.


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

11:50AM
11:55AM

Question/Answer Period

Moderator

Carla Lamash, Department of Justice, Edmonton

11:55AM
12:45PM

Procedural Matters in the Tax Court of Canada – How to Advance a Tax Appeal

This session will include a discussion of the following:

•  Litigation timetables and requests for extensions: What works and what doesn’t!
•  Delays in executing 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 behaviour during case management
•  To adjourn or not to adjourn
•  Late settlements
•  Rule 58
•  Litigation of group appeals
•  Pleading advice for counsel
•  Advocacy advice for counsel

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

12:45PM
12:50PM

Question/Answer Period

12:50PM
1:10PM

Break

Moderator

Brooke Sittler, Department of Justice, Ottawa

1:10PM
1:50PM

Tax Court of Canada Current Developments 

This session will include a discussion of the following:

•  Settlement conferences (fast-track and standard)
•  Implementation of out-of-court settlements
•  Preliminary ruling docket
•  Expert witnesses
•  Litigation in the COVID era
•  Costs awards


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

1:50PM
1:55PM

Question/Answer Period

TAX ADMINISTRATION AND POLICY

Moderator
Anu Nijhawan, Bennett Jones LLP, Calgary

1:55PM
2:35PM

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

2:35PM
2:40PM

Question/Answer Period

2:40PM
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
3:50PM

Question/Answer Period

3:50PM
4:05PM

Break

4:05PM 
5:20PM

CRA Roundtable Discussion


Yves Moreno, Acting Director, International Division, Income Tax Rulings Directorate, Canada Revenue Agency, Ottawa
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

5:20PM

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

No content found