Tax Litigation & Dispute Resolution

We help clients resolve complex tax disputes efficiently and strategically, from CRA audits to appeals before Canada’s highest courts.
Key Contacts
Haymour JehadKroft EdVirji Sophie
Signing contract

Overview

Based upon our experience in resolving and mitigating the risks of Canadian tax disputes, we provide clear and cost-effective paths to success for our clients.

Tax disputes have increasingly become a way of life for taxpayers both in Canada and beyond. In the face of intense media scrutiny relating to tax avoidance and tax evasion, the Canadian government has provided CRA with additional resources to expand CRA audits of Canadian taxpayers, to focus on cross-border transactions and to target specific types of arrangements that CRA considers offensive. Taxpayers face the ongoing challenge of defending tax positions and managing tax risk in the face of a constantly changing legislative, administrative and judicial landscape.

Bennett Jones lawyers are well positioned to provide strategic advice and support to clients in avoiding tax disputes, managing tax disputes when they arise, resolving tax disputes prior to litigation and, if necessary, litigating the disputes through the courts. We work with our clients to resolve tax disputes efficiently and effectively. Our lawyers represent clients in the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, provincial courts, the Supreme Court of Canada and in dealings with CRA, including Canadian Competent Authority.

,,Top marks… experts in both Canadian and international law, and their advice and strategy is above grade.,,

Chambers Global, Tax

Bennett Jones was founded in 1922 and has been providing Canadian tax advice to clients for decades. Members of our Tax Litigation and Disputes Resolution Group collectively offer over 150 years of experience to clients. Bennet Jones has more individuals ranked in Chambers Global with respect to Tax Litigation than any other law firm in Canada. Former Supreme Court of Canada Justice, the Honorable John C. (Jack) Major CC, QC, is Counsel to the firm and Bennett Jones lawyers have been appointed as judges of the Tax Court of Canada, the Federal Court and the Federal Court of Appeal. Ed Kroft, Q.C., has served on the Tax Court of Canada Rules Committee and the Federal Court Bench and Bar Committee. We publish Bennett Jones on Tax Disputes through Thomson Reuters and TaxNetPro.

The Bennett Jones Tax Litigation & Dispute Resolution team advises clients on tax disputes relating to issues such as the following:

  • Federal and provincial GAAR and other tax avoidance provisions;

  • Goods & Services Tax and Harmonized Sale Tax;

  • Excise Tax;

  • Transfer pricing and advance pricing arrangements;

  • Income tax treaty interpretation and competent authority requests;

  • Foreign accrual property income;

  • Financial transactions;

  • Valuation of business assets;

  • Characterization of amounts as income or capital gains;

  • SR&ED tax credits;

  • Shareholder and employee benefits;

  • Provincial capital taxes.

Cases Representative of Our Lawyers' Experience

  • Canada v. CBS Canada Holdings Co., 2020 FCA 4

  • The Mark Anthony Group Inc. v. The Queen, 2019 FCA 183

  • CBS Canada Holdings Co. v. The Queen, 2018 TCC 188

  • CIT Group Securities (Canada) Inc. v. The Queen, 2016 TCC 163 and 2017 TCC 86

  • Canada v. Repsol Canada Ltd., 2017 FCA 193

  • Transalta Corporation v. The Queen, 2012 FCA 20

  • Canada v. Global Equity Fund Ltd., 2012 FCA 272

  • Theratechnologies Inc. v. Minister of National Revenue, 2012 FC 1376

  • HSBC Bank Canada v. The Queen, 2011 TCC 37, 2010 TCC 462 and 20110 TCC 228

  • Husky Oil Ltd. v. The Queen, 2010 FCA 125

  • Lipson v. The Queen, 2007 FCA 113 and 2009 SCC 1

  • The Queen v. McLarty, 2008 SCC 26

  • MacKay v. The Queen, 2007 TCC 94 and 2008 FCA 105

  • Univar Canada Ltd. v. The Queen, 2005 TCC 723

Client Work

Aquam Holding
in its appeal to the Tax Court of Canada in Aquam Holding Corp v. HMTQ (appeal #2022-2750(IT)G)
Bleeman Holdings
in its appeal to the Tax Court of Canada in Alberta Oil and Gas Orphan Abandonment & Reclamation Association
BP
in a tax case dealing with whether certain amounts paid or payable by BP under the Sunrise Oil Sands Partnership Agreement between BP and Husky Oil Operations
ExxonMobil
in CRA tax audit matters related to deducting certain feasibility study costs
Grand Bow Petroleum
in its appeal to the Tax Court of Canada which involved the application of various anti-avoidance provisions of the Canadian Income Tax Act
Great Canadian Casinos
in a large Tax Court of Canada case dealing with the tax treatment of government assistance payments to reimburse gaming operators for capital expenditures
Lehigh Hanson Materials
in its related appeals to the Tax Court of Canada which involved cross border transfer pricing and the application of a price adjustment clause
Orphan Well Association
in its appeal to the Tax Court of Canada in Alberta Oil and Gas Orphan Abandonment & Reclamation Association
Total Energy Services
in its appeal to the Tax Court of Canada

Recognitions

ITR Americas Tax Awards
2022 Canada Indirect Tax Firm of the Year
2022 Impact Deal of the Year, Canadian Pacific Railway's historic US$31 billion merger with Kansas City Southern
Canadian Legal Lexpert Directory
Most Frequently Recommended, Litigation - Corporate Tax (Calgary)
Consistently Recommended, Litigation - Corporate Tax (Vancouver)
Repeatedly Recommended, Litigation - Corporate Tax (Toronto)
Chambers Canada
Band 2, Tax

Chambers Global
Band 2, Disputes (International & Cross Border); Tax

The Legal 500 Canada
Recommended, Tier 1, Dispute Resolution - Alberta
Recommended, Dispute Resolution - Ontario
Recommended, Tax
World Tax
Ranked (Tier 2), Tax Controversy
Ranked (Tier 2), Transactional Tax
Ranked (Tier 2), General Corporate Tax
Ranked (Tier 3), Transfer Pricing
Haymour Jehad

Jehad Haymour

Partner  •   Vice Chair, Tax Litigation and Dispute Resolution Practice

Kroft Ed

Edwin G. Kroft KC

Partner  •   Chair, Tax Litigation and Dispute Resolution Practice

Article

Bennett Jones on Tax Disputes: June 2025

June 18, 2025
Edwin G. Kroft KCAntoine MesservierAndrew Young
Edwin G. Kroft KC, Antoine Messervier & Andrew Young
Article

Bennett Jones on Tax Disputes: April 2025

April 4, 2025
Edwin G. Kroft KCAntoine Messervier
Edwin G. Kroft KC & Antoine Messervier
Article

Bennett Jones on Tax Disputes: February 2025

February 10, 2025
Edwin G. Kroft KCAndrew YoungSpencer Brown
Edwin G. Kroft KC, Andrew Young & Spencer Brown
Article

Bennett Jones on Tax Disputes: December 2024

December 9, 2024
Edwin G. Kroft KCAnna LekachAndrew Young
Edwin G. Kroft KC, Anna Lekach & Andrew Young
Article

Bennett Jones on Tax Disputes: October 2024

October 24, 2024
Edwin G. Kroft KC
Edwin G. Kroft KC
Blog

Keeping It (Not So) Simple: Streamlined Trials in Alberta

October 16, 2024
Tyler McDonoughKassandra Devolin
Tyler McDonough & Kassandra Devolin

Related Services

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The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.