Notable Cases & Transactions
From assisting small businesses to multi-national corporations, the lawyers at Thompson Dorfman Sweatman LLP represent clients in a wide array of transactions and cases. Below are some recent matters which we have been involved in.
Cases
In the case of St. Arnaud et al. v. The Queen, the CRA assessed a large group of taxpayers from across Canada on the basis that investments in Registered Retirement Savings Plans (RRSP) were not in qualified investments and that the amount of the investment was less than the fair market value, triggering a taxable income inclusion under the RRSP provisions of the Income Tax Act. While the investors thought they were purchasing valid investments, the investments were in fact worthless.
Canada v. Moss, 2001 MBCA 166 (Manitoba Court of Appeal) - appeal from the Manitoba Court of Queen’s bench allowing the first annulment of a bankruptcy by a Manitoba Court.
Bourgault Industries Ltd. v. Canada, 2007 FCA 373 (Federal Court of Appeal) - appeal from the Tax Court of Canada regarding the tax status of settlements arising out of intellectual property disputes.
Eaton v. Canada, 2008 FCA 162 (Federal Court of Appeal) - appeal from the Tax Court of Canada regarding tax treatment of a national compensation award to Federal civil servants by the Canadian Human Rights Tribunal.
Acting on behalf of a trust in an appeal to the Tax Court of Canada challenging the CRA’s use of the General Anti-Avoidance Rule (GAAR) to apply dividend income to the trust with respect to a corporate reorganization.
Representing a research organization in an appeal before the Tax Court of Canada of the CRA’s denial of scientific research and experimental development (SR&ED) tax credits for Canadian based research of internationally sponsored medical trials.
