In McMillian v. Her Majesty the Queen, the Federal Court of Appeal clarified the burden of proof in tax cases. We believed the decision was important and, in August 2012, we posted a blog article about the FCA’s decision. Recently, The Bottom Line (Canada’s Accounting and Finance Professionals newspaper) published an article on McMillian and asked for our reaction. We are flattered by the author’s decision to include our interpretation in the article entitled Court affirms onus of proof on taxpayer.
Tax Court of Canada decision on CRA settlement after reassessment, showing how accepted settlement terms may not end the dispute when CRA and DOJ continue pulling the file back. (Zhang v HMK)
A CRA reassessment and dispute do not start from a neutral position. They shape the dispute, now and later. This article explains how the record develops and the impact on teh range of outcomes.
CRA reassessment and notice of objection. Large corporation regime. How a failure to define the dispute can stop an appeal early or narrow what can be argued later.
A cross-border equipment rental led to a withholding tax reassessment under Part XIII. This case shows how much of the exposure can still be reduced when the structure holds.
Federal Court of Appeal decision in DAC Investment Holdings (2026 FCA 35) shows how GAAR disputes can turn on tax regime integrity rather than individual provisions.
In Bakorp, the FCA held that subsection 165(1.11) confines a large corporation’s appeal to the issues specified in its Notice of Objection, dismissing the case without reviewing the tax merits.