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James Roberts

Partner, Tax Litigation

James is a tax litigator powered by his desire to help companies expand and thrive.

James represents private companies and high-net-worth individuals in all aspects of tax litigation. He has appeared at the Tax Court of Canada and the Federal Courts.  

Some recent highlights in James’ tax litigation practice include the following: 

  • Successfully resolved a multi-million-dollar tax dispute for a privately owned and managed international company. James used a litigation strategy that led to a 94 per cent reduction of the disputed amount and yielded a significant litigation ROI.  
  • Met or surpassed the target outcome zone in all matters settled in 2022.  
  • Resolved a tax dispute about non-compliance with foreign reporting requirements, leading to a reduction of over $3M in penalties.  
  • Convinced the CRA to completely abandon its stance on the main intent of a substantial capital investment, saving the taxpayer more than $2M and several years of potential litigation. 
I’m a Senior VP who has previously hired large law firms. I was referred to Counter to fix a tax dispute from the sale of an investment property I co-owned with two non-residents. I wish I hired Counter sooner.

- David Cuddy, Senior Vice-President, Finance & Business Operations, CFL 

Natalie, James and Jennifer have been wonderful to work with for our numerous legal cases. They understand there’s a job to be done and they get it done with minimal fuss and detailed written follow-up.

- Verified Client Feedback for the Legal 500: 2024 Elite Tax Boutique Award

Counter delivered superior communication, high-quality submissions and a great result.

- Laura Couvrette, CPA, CA, Fuller Landau LLP 

James started his career at Counter Tax Litigators as a summer student in 2016. Since starting at Counter, James has earned his tax and litigation expertise. Leading tax publications publish his tax dispute insights, and he has helped some of Canada’s top private companies win their tax disputes.  

Outside of work, James enjoys spending time with his wife and child. He is also an avid sports fan.

Latest Insights

Tax Disputes & ITC Claim Protection When Suppliers Fall Short

Nov 17, 2023

Deans Knight Will Have a Serious Impact on Tax Planning & Tax Disputes

Sep 7, 2023

Mining in the Tax Court: Glencore’s Challenge to Exclude Fees from Taxable Income

Jul 5, 2023

Management Services, Personal Motives, and the Pursuit of Profit: Brown v. Canada

May 8, 2023

Tax Disputes in the Mining Industry: Tax Credit Eligibility Related to CEO Salaries and Other Executives

Mar 15, 2023

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Management Services, Personal Motives, and the Pursuit of Profit: Brown v. Canada

May 8, 2023 – How the FCA Evolved the Source-of-income Test and Applied Its Decision in Paletta

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Insights

Tax Disputes & ITC Claim Protection When Suppliers Fall Short

Tax Disputes & ITC Claim Protection When Suppliers Fall Short

November 17, 2023 - The Tax Court of Canada’s recent ruling in Fiera Foods Company v. HMK1 has significant implications for businesses claiming Input Tax Credits (ITCs) under the Excise Tax Act (ETA).

Deans Knight Will Have a Serious Impact on Tax Planning & Tax Disputes

Deans Knight Will Have a Serious Impact on Tax Planning & Tax Disputes

September 07, 2023 - Section 111 of the Income Tax Act (“ITA”) allows taxpayers to carry losses back and forward to offset income in different taxation years. However, subsection 111(5) restricts non-capital loss...

Mining in the Tax Court: Glencore’s Challenge to Exclude Fees from Taxable Income

Mining in the Tax Court: Glencore’s Challenge to Exclude Fees from Taxable Income

July 05, 2023 - Key Points in Glencore The case involves an appeal against a reassessment under the Income Tax Act, where the Minister of National Revenue assessed as income certain fees Falconbridge received due...

When Insurance Premiums Lead to Unwanted Shareholder Benefits

When Insurance Premiums Lead to Unwanted Shareholder Benefits

June 08, 2023 - Management M.-A. Roy Inc. v. HMK (“Gestion Roy”) centers around whether an Opco’s decision to pay insurance premiums, with two Holdcos as the policy owners, gives rise to a shareholder benefit under...

Counter Partners' Update Chapter on Corporate Residence Disputes & Strategies

Counter Partners' Update Chapter on Corporate Residence Disputes & Strategies

May 23, 2023 - We’re delighted to announce our newly updated chapter on Corporate Residence & Tax Disputes in Canada (2023), published by Thomson Reuters, is now available.

Management Services, Personal Motives, and the Pursuit of Profit: Brown v. Canada

Management Services, Personal Motives, and the Pursuit of Profit: Brown v. Canada

May 08, 2023 - Thompson Reuters considers the authors “leading tax experts and litigators”. The authors agreed to grant TR partial rights to this work. This article first appeared in TR’s Tax Dispute and Resolution...

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