Deans Knight relates to the definition of “control” under the general anti-avoidance rule (GAAR) in section 245 of the Income Tax Act. Deans Knight marks the first application of section 245 on subsection 111(5) of the ITA, bringing the meaning of de jure control into focus.
We expect the SCC will release its decision soon.
Peter and James will publish their case summary and key takeaways related to this critical GAAR case shortly after.
Thomson Reuters will publish this article in its Tax Disputes & Resolution Centre, and we will also post it on this page.
Stay tuned for Peter's and James's upcoming article.