Vern Krishna

Professor Krishna joined the Faculty of Common Law in 1981 and teaches taxation, business law, Financial Skills for Lawyers, and corporate finance. Krishna is a graduate (B.Com.) of the University of Manchester (UK) in economics and business; he holds an M.B.A. and LL.B. from the University of Alberta; and he obtained an LL.M. from Harvard University and a Diploma in Comparative Law from Cambridge University in the United Kingdom. He is a member of the Ontario Bar and is Of Counsel, KPK Law LLP.

Krishna is a member of the Order of Canada (2004).  He was appointed Queen’s Counsel (1989) by the Government of Canada, elected a Fellow of the Royal Society of Canada (1992), and a Fellow of the Certified General Accountants of Canada (1989). He received a LL.D. (hc) from the Law Society of Upper Canada in 2004, the 125th Canada Medal (1993), and the Queen’s Diamond Jubilee Medal (2013) from the Governor General of Canada.

Krishna has been active in both of his professions – law and accounting. He was elected a Bencher of the Law Society of Upper Canada [now the Law Society of Ontario] in 1990 and served as its elected head [Treasurer] from 2001 to 2003. He was elected President of the Certified General Accountants Association of Ontario in 1995.

Krishna is the author of seventeen texts in tax, international tax, and business law (see sidebar "Books") and numerous articles and case comments. His writings are frequently cited by the Supreme Court of Canada (see below). He served as a Commissioner on the Ontario Securities Commission from 1995 – 1998, 2010 – 2013, and was a Visiting Scholar in International Tax at Harvard Law School from 1998 to 1999. 

Lexpert’s Directory of Best Lawyers in Canada lists Professor Krishna in the areas of:

Income Tax, and Trusts & Estates.

Professor Krishna is mentioned in Who’s Who Canada

• Treasurer (President) of the Law Society of Upper Canada 2001 - 03
• President, Certified General Accountants Association (Ontario) 1995 - 96
• Member of Minister of Revenue’s Appeals Advisory Committee 1997 - 99
• Managing Editor, Canadian Corporate Law Reporter, LexisNexis, Toronto.
• Managing Editor, Canadian Current Tax, LexisNexis, Toronto.
• Managing Editor, Canada’s Tax Treaties,LexisNexis, Toronto
• Managing Editor, Ontario Law Reports, LexisNexis, Toronto
• Director of Public Accountants Council of Ontario 2005 – 2008

Professional Honours

• Indo-Canadian Chamber of Commerce
  Professional Man of the Year     2002
• CGA Ontario Ivy Thomas Award    2005
   (for public and community service)
• CGA Canada John Leslie Award    2006
• Citations by Supreme Court of Canada

Citations by Supreme Court of Canada http://www.canlii.org

http://scc.lexum.org/en

[As of April 2024]

1.    Deans Knight Income Corp. v. Canada, 2023 CarswellNat 1620, 2023 SCC 16, 2023 CSC 16 (Supreme Court of Canada) (Taxpayer’s engaged in reorganization to deduct business losses by narrowly circumventing the text of subsection 111(5) of the Act, while defeating  the object, spirit, and purpose of the provision, which was to prevent corporations from being acquired by unrelated parties to deduct their unused losses against income from another business for benefit of new shareholders. Transactions were abusive such that GAAR applied to deny tax benefits despite compliance with s. 111(5) of Act. [Krishna, Vern. Fundamentals of Canadian Income Tax, vol. 1, Personal Tax, 2nd ed. Toronto: Thomson Reuters, 2019. Krishna, Vern. The Fundamentals of Income Tax Law. Toronto: Carswell, 2009.

2.    Canada Alta Energy Luxembourg S.A.R.L., [2021] SCC 49 (Case # 39113) (Burden of proof in proving “abusive tax avoidance” in GAAR assessment. GAAR cannot be used to fundamentally alter the criteria under which person is entitled to treaty benefits. In treaty interpretation must implement the true intention of the parties. Avoidance transaction did not defeat or frustrate the object, spirit, or purpose of the treaty provisions.)

3.    Canada v. Loblaw Financial Holdings Inc., 2021 SCC 5- Krishna, Vern. Income Tax Law, 2nd ed. Toronto: Irwin Law, 2012.; Halsbury’s Laws of Canada: Income Tax (International), 2019 Reissue, contributed by Vern Krishna. Toronto: LexisNexis, 2019.

4.    MacDonald v. Canada – 2020 SCC 6 – 2020-03-13 – Krishna, Vern. Income Tax Law, 2nd ed. Toronto: Irwin Law, 2012. […] The taxpayer’s conduct is generally more revealing than “ex post facto declarations” of the taxpayer (Vern Krishna, Income Tax Law (2nd ed. 2012), at p. 161. 22.

5.    1068754 Alberta Ltd. v. Québec (Agence du revenu) – 2019 SCC 37 – 2019-06-27 – Krishna, Vern. Income Tax Law, 2nd ed. Toronto: Irwin Law, 2012. L’Heureux, Nicole, et Marc Lacoursière. […] [7] Unlike other provinces, Quebec does not have an agreement with the federal government to collect either personal income or corporate taxes (V. Krishna, Income Tax Law (2nd ed. 2012), at p. 13).

6.    Jean Coutu Group (PJC) Inc. v. Canada (Attorney General) – 2016 SCC 55 – [2016] 2 SCR 670 – 2016-12-09 Krishna, Vern. Income Tax Law, 2nd ed. Toronto: Irwin Law, 2012. V. Krishna, Income Tax Law (2nd ed. 2012), at pp. 473 and 475.

7.    SCR | RCS [2016] vol 2 – 2016-12-09 Toronto: Thomson/Carswell, 2004. – 496 Krishna, Vern. […] Krishna, Vern. Income Tax Law, 2nd ed. Toronto: Irwin Law, 2012. Lluelles, Didier, et Benoît Moore. […] Krishna, Vern. Income Tax Law, 2nd ed., Toronto, Irwin Law, 2012. Lluelles, Didier, et Benoît Moore.

8.    SCR | RCS [2013] vol 3 – 2013-12-23 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto : Thomson/Carswell, 2006. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006.

9.    Quebec (Agence du revenu) v. Services Environnementaux AES inc. – 2013 SCC 65 – [2013] 3 SCR 838 – 2013-11-28 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006. […] with s. 86 of the Income Tax Act and the corresponding provisions of Quebec’s Taxation Act. At the time of the agreement of wills, the ACB was at the very least determinable by means of accepted accounting principles and practices (V. Krishna, The Fundamentals of Canadian Income Tax (9th ed. 2006), at pp. 1206 7).

10.    SCR | RCS [2013] vol 2 – 2013-07-26 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto : Thomson/Carswell, 2006. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006.

11.    Daishowa Marubeni International Ltd. v. Canada – 2013 SCC 29 – [2013] 2 SCR 336 – 2013-05-23 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006. […] on a yearly basis and add back to income the deducted amounts at the time of the sale to provide a more accurate picture of its profit from year to year, as I have explained above, the Income Tax Act does not permit that approach; see V. Krishna, The Fundamentals of Canadian Income Tax (9th ed. 2006), at pp. 171-72.

12.    Fundy Settlement v. Canada – 2012 SCC 14 – [2012] 1 SCR 520 – 2012-04-12 – Krishna, Vern. The Fundamentals of Income Tax Law. Toronto: Carswell, 2009. […] Professor V. Krishna in The Fundamentals of Income Tax Law (2009), noted, at p. 85, that the policy reason for this is to ensure that a person who enjoys the legal, political, and economic benefits of associating with Canada will pay their appropriate share for the costs of this association.

13.    Copthorne Holdings Ltd. v. Canada – 2011 SCC 63 – [2011] 3 SCR 721 – 2011-12-16 – Krishna, Vern. The Fundamentals of Income Tax Law. Toronto: Carswell, 2009. […] Professor Krishna refers to stated capital as “the amount of money that a shareholder ‘commits’ to the corporation” (p. 610). […] [78] Where the PUC of a corporation diverges from the stated capital it is “because of subsequent adjustments for tax purposes” (Krishna, at p. 621).

14.    SCR | RCS [2009] vol 1 – 2009-05-29 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto : Thomson/Carswell, 2006. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006…

15.    Lipson v. Canada – 2009 SCC 1 – [2009] 1 SCR 3 – 2009-01-08 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 9th ed. Toronto: Thomson/Carswell, 2006. […] In Canada, the unit of taxation is the individual: “Each individual is a taxpayer in his or her own right” (Krishna, at p. 16; see also Thibaudeau v. Canada, [1995] 2 S.C.R. 627, at para. 93). […] It can only be relied upon by the Minister to address abusive tax avoidance when a relevant specific anti-avoidance rule in the Act does not apply (see also V. Krishna, The Fundamentals of Canadian Income Tax (9th ed. 2006), at p. 1018).

16.    Redeemer Foundation v. Minister of National Revenue – 2007-05-10 – The motion to strike the affidavit of Vern Krishna is dismissed and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A 551 05, 2006 FCA 325, dated October 10, 2006, is granted with costs to the applicant in any event of the cause. […] La requête en radiation de l’affidavit de Vern Krishna est rejetée et la demande d’autorisation d’appel de l’arrêt de la Cour d’appel fédérale, numéro A 551 05, 2006 CAF 325, daté du 10 octobre 2006, est accordée avec dépens en faveur de la demanderesse quelle que soit l’issue de l’appel.

17.    SCR | RCS [2006] vol 2 – 2006-12-21 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto: Carswell, 2004. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto : Carswell, 2004. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, PAGE vol. 1, 6th ed.

18.    Imperial Oil Ltd. v. Canada; Inco Ltd. v. Canada – 2006 SCC 46 – [2006] 2 SCR 447 – 2006-10-20 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto: Carswell, 2004. […] In the context of debts issued and repayable in Canadian dollars, each branch of s. 20(1) (f) has a clear application and together they encompass what are generally referred to as original issue discounts (see V. Krishna, The Fundamentals of Canadian Income Tax (8th ed. 2004), at pp. 353 and 722).

19.    SCR | RCS [2006] vol 1 – 2006-06-23 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto: Carswell, 2004. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto : Carswell, 2004. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto: Carswell, 2004.

20.    Placer Dome Canada Ltd. v. Ontario (Minister of Finance) – 2006 SCC 20 – [2006] 1 SCR 715 – 2006-05-25 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto: Carswell, 2004. […] This is the same burden that applies under the Income Tax Act, s. 152(8) : see V. Krishna, The Fundamentals of Canadian Income Tax (8th ed. 2004), at p. 35; Johnston v. M.N.R., [1948] S.C.R. 486.

21.    SCR | RCS [2005] vol 1 – 2005-06-10 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto: Thomson/Carswell, 2004. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto : Thomson/Carswell, 2004. […] (2001), 20 C.J.Q. 7 Kernochan, John M. “Statutory Interpretation: An Outline of Method” (1976), 3 Krishna, Vern.

22.    Tsiaprailis v. Canada – 2005 SCC 8 – [2005] 1 SCR 113 – 2005-02-25 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 8th ed. Toronto: Thomson/Carswell, 2004. […] As noted by Abella J., it was defined in London and Thames Haven Oil Wharves, Ltd. v. Attwooll, [1967] 2 All E.R. 124 (C.A.), and subsequently adopted in a number of Canadian cases: see V. Krishna, The Fundamentals of […] 51 The need to compartmentalize global payments into their constituent portions to determine which are taxable was explained by Professor V. Krishna in The Fundamentals of Canadian Income Tax (8th ed. 2004)

23.    Jarvis – 2002 SCC 73 – [2002] 3 SCR 757 – 2002-11-21 – Supreme Court Judgments Krishna, Vern. The Fundamentals of Canadian Income Tax, 6th ed. Scarborough, Ont.: Carswell, 2000. […] (See also in this regard: McKinlay Transport, supra, at pp. 636 and 648; V. Krishna, The Fundamentals of Canadian Income Tax (6th ed. 2000), at p. 22.) […] According to one expert, it is now the CCRA’s standard practice to use s. 487 of the Criminal Code rather than s. 231.3 of the ITA : see Krishna, supra, at p. 810.

24.    SCR | RCS [2002] vol 3 – 2002-11-21 – Krishna, Vern. The Fundamentals of Canadian Income Krishna, Vern. The Fundamentals of Canadian Income Tax, 6th ed. […] Transport, supra, at pp. 636 and 648; V. Krishna, (Voir aussi à ce sujet l’arrêt McKinlay Transport, The Fundamentals of Canadian Income Tax (6th ed. précité, p. 636 et 648; V. Krishna, The Fundamentals […] In this con-sion visant à inciter les contribuables à déclarer leurs nection, Krishna writes at p. 772, the “system is revenus » : Krishna, op. cit., p. 767.

25.    SCR | RCS [2002] vol 2 – 2002-06-21 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 6th ed. Scarborough, Ont.: Carswell, 2000. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 6th ed. Scarborough, Ont. : Carswell, 2000. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 2000. Laddie, Hugh, et al.

26.    Stewart v. Canada – 2002 SCC 46 – [2002] 2 SCR 645 – 2002-05-23 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 6th ed. Scarborough, Ont.: Carswell, 2000. […] 21 It well accepted that the Canadian tax system adopted the concept of “source” from the English taxation statutes, and that the Act has always referred to income from various “sources”: see V. Krishna, The Fundamentals of Canadian Income Tax (6th ed. 2000), at pp. 102-3. […] As well, business income is generally distinguished from property income on the basis that a business requires an additional level of taxpayer activity: see Krishna, supra, at p. 240.

27.    Ludco Enterprises Ltd. v. Canada – 2001 SCC 62 – [2001] 2 SCR 1082 – 2001-09-28 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 6th ed. Scarborough, Ont.: Carswell, 2000. […] The common feature of all the definitions of income, whether derived from tax law, economic theory, or the dictionary, is that “income” is a measure of gain: see V. Krishna, The Fundamentals of Canadian Income Tax (6th ed. 2000), at pp. 97-100.

28.    SCR | RCS [2001] vol 2 – 2001-09-28 – Sherbrooke : Revue de droit de l’Université Krishna, Vern. The Fundamentals of Canadian Income Tax, 6th ed. […] Krishna, Vern. The Fundamentals of Canadian Income Krishna, Vern. The Fundamentals of Canadian Income Tax, 6th ed. […] à toutes les définitions de V. Krishna, The Fundamentals of Canadian revenu, qu’elles proviennent du droit fiscal, de la Income Tax (6th ed. 2000), at pp. 97-100. théorie économique ou du dictionnaire, est que le « revenu » est une mesure des gains réalisés par le contribuable : voir V. Krishna, The Fundamentals of Canadian…

29.    SCR | RCS [1999] vol 3 – 1999-12-16 – In Brian G. Hansen, Vern Krishna, and James A. Rendall, contributing eds., Canadian Taxation. […] In Brian G. Hansen, Vern Krishna, and James A. Rendall, contributing eds., Canadian Taxation. […] In Brian G. Hansen, Vern Krishna, and James A. Rendall, contributing eds., Canadian Taxation.

30.    65302 British Columbia Ltd. v. Canada – [1999] 3 SCR 804 – 1999-11-25 – In Brian G. Hansen, Vern Krishna, and James A. Rendall, contributing eds., Canadian Taxation. […] Krishna, Vern. “Public Policy Limitations on the Deductibility of Fines and Penalties: Judicial Inertia” (1978), 16 Osgoode Hall L.J. 19. […] As Professor Vern Krishna has noted, although concluding that certain fines and penalties should not be deductible, the dilution argument may be […]

31.    SCR | RCS [1998] vol 1 – 1998-09-17 – Authors Cited Doctrine citée Krishna, Vern. “Share Capital Structure of Closely Held Krishna, Vern. […] Krishna, Vern, and J. Anthony Van Duzer. “Corporate Krishna, Vem, and J. Anthony Van Duzer. […] Scarborough, Ont.: Nelson Canada, 1992 Krishna, Vern. “Share Capital Structure of Closely Held Private Corporations” (1996), 7 Can. Curr.

32.    Neuman v. M.N.R. – [1998] 1 SCR 770 – 1998-05-21 – Krishna, Vern. “Share Capital Structure of Closely Held Private Corporations” (1996), 7 Can. Curr. […] Krishna, Vern, and J. Anthony Van Duzer. “Corporate Share Capital Structures and Income Splitting: McClurg v. Canada” (1992-93), 21 Can. Bus. L.J. 335. […] Professor V. Krishna, in an article entitled “Share Capital Structure of Closely Held Private Corporations” (1996), 7 Can. Curr.

33.    Canderel Ltd. v. Canada – [1998] 1 SCR 147 – 1998-02-12 – This principle emphasizes that receipts and expenditures which produce the net income are to be properly “matched” in the same period: [V. Krishna, The Fundamentals of Canadian Income Tax (4th ed. 1993)], at p. 279.

34.    Bulletin of October 3, 1997 – 1997-10-03 – Vern Krishna, Q.C. Koskie-Minsky v. (26202) Her Majesty The Queen (F.C.A.)

35.    SCR | RCS [1997] vol 2 – 1997-09-23 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 5th ed. Scarborough: Carswell, 1995. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 5th ed. Scarborough: Carswell, 1995. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, La Forest, Anne Warner.

36.    Hickman Motors Ltd. v. Canada – [1997] 2 SCR 336 – 1997-06-26 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 5th ed. Scarborough: Carswell, 1995. […] Where a business does not have a profit, however, it must have a “reasonable expectation of profit”, to be determined by an application of the Moldowan test (see Krishna, supra, at p. 261). […] As Professor Vern Krishna notes in The Fundamentals of Canadian Income Tax (5th ed. 1995), income such as rents may be either property income or business income.

37.    SCR | RCS [1996] vol 1 – 1996-04-3 – Krishna, Vern. “Characterization of Wrongful Dismissal Krishna, Vern. […] Krishna, Vern. The Fundamentals of Canadian Income Krishna, Vern. The Fundamentals of Canadian Income Tax, 4th ed. […] In Brian G. Hansen, Vern Krishna, and James A. Rendall, contrib: Hansen, Vern Krishna, and James A. Rendall, contributing eds., Canadian Taxation.

38.    Schwartz v. Canada – [1996] 1 SCR 254 – 1996-02-22 – In Brian G. Hansen, Vern Krishna, and James A. Rendall, contributing eds., Canadian Taxation. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 4th ed. Scarborough, Ont.: Carswell, 1992. […] In Brian G. Hansen, Vern Krishna, and James A. Rendall, contributing eds., Canadian Taxation.

39.    Tennant v. M.N.R. – [1996] 1 SCR 305 – 1996-02-22 – Krishna, Vern. “Interest Deductibility: More Form over Substance” (1993), 4 Can. Curr. […] XXII. As Professor Krishna comments in “Interest Deductibility: More Form over Substance” (1993), 4 Can. Curr. […] I note the comments of Professor Krishna, supra, at p. C18, in this regard: […]

40.    Friesen v. Canada – [1995] 3 SCR 103 – 1995-09-21 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 4th ed. Scarborough, Ont.: Carswell, 1993. […] For the most part, the Act does not recognize “unrealized” or “paper” gains or losses: Krishna, supra, at pp. 278-79. […] This principle emphasizes that receipts and expenditures which produce the net income are to be properly “matched” in the same period: Krishna, supra, at p. 279.

41.    SCR | RCS [1994] vol 1 – 1994-04-28 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 4th ed. Scarborough, Ont.: Carswell, 1993. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 4th ed. Scarborough, Ont.: Carswell, 1993. […] L. Rev. 648 Krishna, Vern. The Fundamentals of Canadian Income Tax, Lachs, Manfred.

42.    Cunningham v. Wheeler; Cooper v. Miller; Shanks v. McNee – [1994] 1 SCR 359 – 1994-03-17 – Krishna, Vern. The Fundamentals of Canadian Income Tax, 4th ed. Scarborough, Ont.: Carswell, 1993. […] As a result of the injury, the plaintiff receives damages to replace the income, but the damages, unlike the income, are not taxable: Cirella v. The Queen, [1978] 2 F.C. 195 (T.D.); V. Krishna, The Fundamentals of Canadian Income Tax (4th ed. 1993), at pp. 315-16.

43.    SCR | RCS [1993] vol 4 – 1993-12-16 – Canada Supreme Court Reports – In Brian G. Hansen, Vern Krishna, and James A. Rendall, eds Essays on Canadian Taxation. […] Krishna, Vern. “Perspectives on Tax Policy”. In Brian G. Hansen, Vern Krishna, and James A. Rendall, eds., Essays on Canadian Taxation. […] Krishna, Vern. «Perspectives on Tax Policy». In Brian G. Hansen, Vern Krishna, and James A. Rendall, eds., b Essays on Canadian Taxation. Vern Krishna, Q.C. Borden Ladner Gervais v. (30664) Minister of National Revenue (F.C.)

44.    Symes v. Canada – [1993] 4 SCR 695 – 1993-12-16 – Supreme Court Judgments In Brian G. Hansen, Vern Krishna, and James A. Rendall, eds., Essays on Canadian Taxation. […] Krishna, Vern. The Fundamentals of Canadian Income Tax, 4th ed. Scarborough, Ont.: Carswell, 1992. […] Krishna, Vern. “Perspectives on Tax Policy”. In Brian G. Hansen, Vern Krishna, and James A. Rendall, eds., Essays on Canadian Taxation.

45.    SCR | RCS [1984] vol 1 – 1984-06-21 – See: Vern Krishna, Step cependant d’avis que les arrêts récents de la Transactions: An Emerging Doctrine or an Exten-J Chambre des lords établissent une doctrine d’opé-sion of the Business Purpose Test? […] Voir Vern Krishna: Step Transactions: An Emerging Doctrine or an Extension of the Business Purpose Test?

46.    Stubart Investments Ltd. v. The Queen – [1984] 1 SCR 536 – 1984-06-07 – Other academic commentators, however, view the recent decisions of the House of Lords as establishing a step transaction doctrine which “places a severe limitation on the Westminster principle See: Vern Krishna, Step Transactions: An Emerging Doctrine or an Extension of the Business Purpose Test?

Books Published

• Canadian Taxation, Richard De Boo Limited, Toronto:
  • 1st ed.  1979
  • 2nd   1981
• The Taxation of Capital Gains, Butterworths, 1983.
• The Fundamentals of Canadian Income Tax, Carswell Legal Publishers, Toronto:
• Tax Avoidance: The General Anti Avoidance Rule, Carswell Legal Publishers, Toronto, 1989
• Canadian International Taxation, Carswell Legal Publishers, Toronto: 1995
• Canada’s Tax Treaties, Butterworths, 1996
• The Essentials of Income Tax Law, Irwin Law, 1997
• The Canada - US Tax Treaty, Lexis Nexis, Canada, 2005
• The Canada – UK Tax Treaty, Lexis Nexis, Canada, 2006
• The Canada – India Tax Treaty, Lexis Nexis, Canada, 2007
• Halsbury’s Laws of Canada (Personal Taxation), 2021
• Halsbury’s Laws of Canada (Corporate Taxation), 2022
• Halsbury’s Laws of Canada (International), 2023
• Financial Skills for Professionals (Irwin Law)

Books and Looseleafs

• Essays on Canadian Taxation, (Co-editor) Richard De Boo (1978).
• Canadian Taxation, (Co-editor) Richard De Boo Ltd. (1981).
• The Taxation of Capital Gains, 251 pps. (Butterworths, 1983).
• The Fundamentals of Canadian Income Tax, (Carswell Thomson Professional Publishers,
  Toronto), (5th Ed. 1995).
• Tax Avoidance: The General Anti-Avoidance Rule, 188 pps. (Carswell Legal Publishers,
  Toronto) 1990.
• Canadian International Taxation, Carswell Legal Publications, Toronto, 1995 (Looseleaf)
• Canada's Tax Treaties, Butterworths Canada, 1996 (Looseleaf)

• Using Beneficial Ownership to Prevent Treaty Shopping
• Withholding Rates Chart
• OECD Model Tax Convention
• OECD and UN Models Compared
• 2008 Update to the OECD Model
• Australia US Treaty
• Withholding Tax Rates In Treaty Countries
• Australia Canada Treaty
• 2008 Update to the OECD Model

• “The International Income Taxation of Electronic Commerce”, Certified General Accountants Association of Canada, 1999
• “Selective Tax Breaks”, (1998-99), 9 Can. Current Tax, No. 11, August 1999
• “Rocky Stock Markets”, (1998-99), 9 Can. Current Tax, No. 10, July 1999
• “Limited Liability Partnerships”, (1998-99), 9 Can. Current Tax, No. 9, June 1999
• “Tax Rage”, (1998-99), 9 Can. Current Tax, No. 8, May 1999
• “Taxation of Personal Injury Awards”, (1998-99), 9 Can. Current Tax, No. 6, March 1999
• “Bribery and Corruption” (1998-99), 9 Can. Current Tax, No. 6, March 1999
• “The Distinction Between Business and Personal Expenses”, (1998-99), 9 Can. Current Tax, No. 3, December 1998
• “Foreign Income Reporting Requirements”, (1997-98), 8 Can. Current Tax, No. 12, September 1998
• “The Elusive Interest Deduction”, (1997-98), 8 Can. Current Tax, No. 9, June 1998
• “Taxation of Electronic Commerce”, (1997-98, 8 Can. Current Tax, No. 6, March 1998.
• “Offshore Trusts”, (1997-98), 8 Can. Current Tax, No.  5, February 1998.
• “Purposive Interpretation as a Weapon Against Tax Avoidance”, Canadian Current Tax, Vol. 8, No. 2, November 1997
• "Avoiding Double Taxation" "Une Sarl Aux Etats-Unis", CGA Magazine, October 1994, p. 45.
• "Moving the Goal Posts on Interest Deductibility", CGA Magazine, April 1994, p. 30.
• "Corporate Share Capital Structures and Income Splitting: McClurg v. Canada", Canadian Business Law Journal, Vol. 21, No. 3 (March 1993).
• "Developments in the Law of Income Taxation:  The 1986-87 Term" (1988), 10 Supreme Court Law Review, p. 297;
• "Developments in the Law of Income Taxation:  The 1985-86 Term" (1987), 9 Supreme Court Law Review, p. 487;
• "Determining the `Fair Value' of Corporate Shares", Canadian Business Law Journal, Vol. 13, No. 2, p. 123 (1987);
• "Determining the Value of Company Shares", The Company Lawyer, Vol. 8, No. 2, p. 66 (1987);
• "A Law That Taxes Our Understanding", Canadian Lawyer, December 1986, p. 10;
• "The Settlement Privilege", Canadian Current Tax, Volume 6, No. 9, June 1996
• "Tax Rates and Bracket Creep", Canadian Current Tax, Volume 6, No. 6, March 1996
• "Administrative Concessions on Non-Taxable Perks", Volume 6, No. 6, March 1996
• "Corporate Taxation in the NAFTA Countries", CGA Magazine, February 1996 p.45
• "Resulting Trusts", Canadian Current Tax, Volume 6, No. 5, February 1996
• "The Taxation of Relocation Payments", Canadian Current Tax, Volume 6, No. 4, January 1996
• "Corporate Taxation in the NAFTA Countries" Three Parts in CGA Magazine, December 1995 - February 1996
• "The High Cost of Tax Financing", Canadian Current Tax, December 1995, Volume 6, No. 3
• "The Netherlands as an Offshore Centre", Canadian Current Tax, December 1995, Volume 6, No. 3
• "First GAAR Case an Easy Win for Revenue" Canadian Current Tax, October 1995, Volume 6, No. 1
• "Jersey the Oldest Tax Haven", Canadian Current Tax, September 1995, Volume 5, no. 12
• "What Constitutes a Business?" Canadian Current Tax, Canadian Current Tax, Volume 5, No. 9
• "The Long Arm of Section 160", CGA Magazine, May 1995, p. 32
• "New Directions in Tax Interpretation", Canadian Current Tax, February 1995, Volume 5, No. 5
• "Child Support Payments Not Deductible without Custody", Canadian Current Tax, January 1995, Volume 5, No. 4
• "Spousal Cohabitation", Canadian Current Tax, December 1994, Volume 5, No. 3
• "Income Taxation of Individuals in NAFTA Countries", Two Parts in CGA Magazine, February - March, 1995
• "Surrogatum Principle Applies to Employment Source Income", Canadian Current Tax, October 1994, Volume 5, No. 1
• "Avoiding Double Taxation" "Une Sarl Aux Etats-Unis", CGA Magazine, October 1994, p. 45
• "Supreme Court Restores Balance in Statutory Interpretation", Canadian Current Tax, Vol. 4, No. 21 (September 1994)
• "Update on International Taxation", Canadian Current Tax, Vol. 4, No. 21 (September 1994)
• "United States Supreme Court Upholds Unitary Taxation", Canadian Current Tax, Vol. 4, No. 20 (August 1994)
• "The Scope of Employment Benefits", Canadian Current Tax, Vol. 4, No. 18 (June 1994)
• "Retiring Allowances", Canadian Current Tax, Vol. 4, No. 17 (May 1994)
• "Moving the Goal Posts on Interest Deductibility", CGA Magazine, April 1994, p. 30
• "Income Splitting Corporate Structures", Canadian Current Tax, Vol. 4, No. 15 (March 1994)
• "Does Supreme Court Expand Deductibility of Business Expenses in Symes?", Canadian Current Tax, Vol. 4, No. 14 (February 1994)
• "Carrying On Business In The United States: Choice of Form of Organization", Canadian Current Tax, Vol. 4, No. 13 (January 1994)
• "Residence for United States Income Tax", Canadian Current Tax, Vol. 4, No. 12 (December 1993)
• "Cross Border Pensions", Canadian Current Tax, Vol. 4, No. 10 (October 1993)
• "Stock Options Exercised After Becoming Non-Resident", Canadian Current Tax, Vol. 4, No. 9 (September 1993)
• "International Employment Income", Canadian Current Tax, Vol. 4, No. 8 (August 1993)
• "Liability of Shareholders for Corporate Taxes", Canadian Current Tax, Vol. 4, No. 7 (July 1993)
• "GAAR and the Purification of Corporations for the Capital Gains Exemption: Part I", Canadian Current Tax, Vol. 4, No. 6 (June 1993)
• "Interest Deductibility: More Form Over Substance", Canadian Current Tax, Vol. 4, No. 5 (May 1993)
• "Corporate Share Capital Structures and Income Splitting: McClurg v. Canada", Canadian Business Law Journal, Vol. 21, No. 3 (March 1993)
• "House of Lords Permits Use of Parliamentary Materials in Statutory Construction", Canadian Current Tax, Vol. 4, No. 3, (March 1993)
• "Using the Capital Gains Exemption for Matrimonial Settlements", Canadian Current Tax, Vol. 4, No. 2 (February 1993)
• "Converting Salary into Management Fees", Canadian Current Tax, Vol. 4, No. 1 (January 1993)
• "Personal Liability of Shareholders for Unpaid Corporate Taxes", Canadian Current Tax. Vol. 3, No. 22, p. C 81 (October 1991)
• "Corporate Share Capital Structures and Income Splitting", Canadian Current Tax, Vol. 3, No. 20 (August 1991).
• "Dividend Sprinkling Strategies", CGA Magazine, July 1991, Vol. 25, No. 7, p. 49.
• "Who Benefits? Taxation of Shareholder Benefits", CGA Magazine, January 1991, Vol. 25, No. 1, p. 45.
• "Supreme Court of Canada Strikes a Blow for Taxpayers, Canadian Current Tax, Vol. 3, No. 12 (December 1990) p. J-55.
• "How Do Anti-Avoidance Rules Affect Pension Plans?" Benefits Canada, November 1990, Vol. 14, No. 9, P. 13.
• "Shareholder Benefits", Canadian Current Tax, Vol. 3, No. 10 (October 1990) p. C-33.
• "Guardian of the Law: The GST General Anti-Avoidance Rule", CGA Magazine, September 1990, Vol. 24, No. 9, p. 61.
• "Tax Act Provides Incentives for Charitable Donations" Law Times, June 18, 1990.
• "Step Transactions and the GAAR", CGA Magazine, July 1990, p. 34 (Part I); and August 1990, p. 25 (Part II).
• "Transferring Assets to Avoid Taxes Can Harm Innocent Third Parties", Law Times, April 23, 1990.
• "Matrimonial Settlements Pose Taxing Problem", Law Times, April 9, 1990.
• "To Love, Honor or Pay", CGA Magazine, April 1990, p. 28.
• "Structuring Matrimonial Settlements", Canadian Current Tax, Vol. 3, No. 3 (March 1990) p. J-19.
• "Deducting Those Exotic Convention Expenses", Law Times (Feb. 4, 1990).
• "Income Splitting Still Attractive Option for Taxpayers", Law Times (February 19-25, 1990) p. 18.
• "The Power of Influence", CGA Magazine, February 1990, p. 48.
• "Spousal Payments", CGA Magazine, Sept. 1989, Vol. 23, No. 9, p. 44.
• "Lump Sum Matrimonial Settlements May Be Tax Deductible", Canadian Current Tax,
• Vol. 2, No. 32, August 1989.
• "Look at Leasing"/Credit-Bail, CGA Magazine, July 1989, p. 15.
• "Off-Shore Business Centres: The Barbados International Business Company", Canadian Current Tax, May 1989, Vol. 2, No. 29.
• "Tax Havens: Black Sheep or Sleeping Beauties?" Canadian Current Tax, Vol. 2, No. 27 (March 1989).
• "Federal Court Relaxes Rules on Deductibility of Fines and Penalties", Canadian Current Tax, Vol. 2, No. 20, p. J99 (1988).
• "GAAR: The Ultimate Tax Avoidance Weapon", Canadian Current Tax, Vol. 2, No. 16, p. C75 (1988).
• "Shareholder Agreements (Inter vivos)", CGA Magazine, November 1988, p. 21.
• "Developments in the Law of Income Taxation: The 1986-87 Term" (1988), 10 Supreme Court Law Review, p. 297.
• "Take a Break and Save Tax Dollars", Canadian Lawyer, November 1988, p. 39.
• "Hard Times for Middle Incomes?", Canadian Lawyer, February 1988.
• "Buy-sell Shareholders' Agreements", CGA Magazine, March 1988.
• "Canadian Income Taxation: A Brief History", CGA Magazine, May 1988.
• "How to Make Your Interest Tax Deductible", Canadian Lawyer, May 1988.
• "Developments in the Law of Income Taxation: The 1985-86 Term" (1987), 9 Supreme Court Law Review, p. 487.
• "Determining the 'Fair Value' of Corporate Shares", Canadian Business Law Journal, Vol. 13, No. 2, p. 123 (1987).
• "Extending Time to File Notice of Appeal", Canadian Current Tax, Vol. 2, No. 8 (1987).
• "Illegal Search & Seizure: What Do We Do With the Tainted Fruit", Canadian Current Tax, Vol. 2, No. 7 (1987).
• "Obtaining Extension of Time to File Notice of Objection: The Palm Tree Begins to Wither", Canadian Current Tax, Vol. 2, No. 4 (1987).
• "Importing a Non-Resident Corporation's Losses", Canadian Current Tax, Vol. 2, No. 4.
• "Income Tax Considerations Excluded in an Accounting for Profits", Canadian Current
• Tax, Vol. 2, No. 2 (1987).
• "The Meaning of 'Minus' in Tax Law", Canadian Current Tax, Vol. 2, No. 2 (1987).
• "Determining the Value of Company Shares", The Company Lawyer, Vol. 8, No. 2, p. 66 (1987).
• "Stock Option Plans", Canadian Current Tax, Vol. 1, No. 36 (1986).
• "Taxation of Employee Benefits", Canadian Current Tax, Vol. 1, No. 35 (1986).
• "A Law That Taxes Our Understanding", Canadian Lawyer, December 1986, p. 10.
• "Windfall Gains and Inducement Payments", Canadian Current Tax, Vol. 1, No. 33 (1986).
• "Sale of Franchises: Receipts on Account of Eligible Capital Property or Income from Business", Canadian Current Tax, Vol. 1, No. 32 (1986).
• "Meaning of 'Allowance'", Canadian Current Tax, Vol. 1, No. 30 (1986).
• "Indirect Payments and Transfers of Income", Canadian Current Tax, Vol. 1, No. 28 (1986).
• "The Demise of the Strict Interpretation Rule", Canadian Current Tax, Vol. 1, No. 28 (1986).
• "Charitable Donations: What is a 'Charitable Purpose'?", Canadian Current Tax, Vol. 1, No. 32 (1986).
• "Deductibility of Legal and Accounting Fees in Defending Tax Evasion Charges", Canadian Current Tax, Vol. 1, No. 26 (1986).
• "Charitable Donations: What Constitutes a 'Gift'?", Canadian Current Tax, Vol. 1, No. 3 (1985).
• "Notice of Objection: Extension of Time for Ignorance of the Law", Canadian Current Tax, Vol. 1, No. 23 (1985).
• "Common Law Piercing of the Corporate Veil To Individual Shareholders", Canadian Current Tax, Vol. 1, No. 22 (1985).
• "Minimum Tax: Is the Light Worth the Candle?", Ontario Lawyers Weekly (1985) 5 Ont. Lawyers Wkly, No. 9, 6.
• "Payments In Kind and Barter", Canadian Current Tax, Vol. 1, No. 20 (1985).
• "Farm Losses - Chief Source of Income", Canadian Current Tax, Vol. 1, No. 19 (1985).
• "Re Campeau Family Trust: Two Wrongs Make a Right", Estates and Trusts Quarterly, Vol. 7 (1985), p. 65.
• "The Taxation of Damages", Canadian Current Tax, Vol. 1, Nos. 18 and 19 (1985).
• "Corporate Share Structures and Estate Planning", Estate and Trusts Quarterly, Vol. 6 (1982-84), p. 168.
• "The Demise of the Business Purpose Test", Canadian Current Tax, Vol. 1, No. 9 (September 1984).
• "Characterization of 'Income from Business and 'Income from Property"' Canadian Current Tax, Vol. 1, No. 8 (August 1984).
• "Liability of Directors for Corporate Taxes", Canadian Current Tax, Vol. 1, No. 6 (June 1984).
• "Is There a Choice of Methods in Accounting for Interest Expenses", Canadian Current Tax, Vol. 1, No. 5 (May 1984).
• "Step Transactions: An Emerging Doctrine or an Extension of the Business Purpose Test", Canadian Current Tax, Vol. 1, No. 4 (April 1984).
• Comment on Bronfman Trust v. The Queen, Estates and Trusts Quarterly, Vol. 6, 1982-84, p. 247.
• "Employee Benefits", Canadian Current Tax, Vol. 1, No. 2 (February 1984).
• "Testamentary Transfers of Capital Property Between Spouses: When Does Property 'Vest Indefeasibly'?", Canadian Current Tax, Vol. 1, No. 1 (January 1984).
• "Illegally Obtained Evidence and the Canadian Charter of Rights and Freedoms", Canadian Current Tax, October 1983, Issues 41 and 42.
• "Personal services business income: the 'incorporated' employee / Revenus tires d'une entreprise de services personnels: L'employe 'constitue en societe',
• " CGA Magazine, Vol. 17, No. 10, October 1983.
• "Alimony Payments: 'Payable on a Periodic Basis"', Canadian Current Tax, October 1983, Issues 39 and 40.
• "Search and Seizure", Canadian Current Tax, September 1983, Issues 35 and 36.
• "Corporate Share Structures and Estate Planning", Estates and Trusts Quarterly, Vol. 6, 1982-84, p. 168.
• "Interest expenses/Frais d'interet", CGA Magazine, Vol. 17, No. 7, July 1983.
• "Deductibility of Interest Expense", Canadian Current Tax (Butterworths) July 1983.
• "Taxing farm property/L'imposition de biens agricoles", CGA Magazine, Vol. 17, No. 6, June 1983.
• "Testamentary Transfers of Capital Property Between Spouses"/Les transferts de biens a un conjoint: Les regles d'attribution, CGA Magazine, Vol. 17, No. 4, April 1983.
• "Property Transfers Between Spouses: The Attribution Rules"/des transferts de biens a un conjoint: Transferts par testament, CGA Magazine, Vol. 17, No. 3, March 1983.
• "Inter-Vivos Transfers of Capital Property Between Spouses"/des transferts de biens a un conjoint: transferts entre vifs, CGA Magazine, Vol. 17, No. 2, February 1983.
• "Recent Changes in the Taxation of Employees", Canadian Current Tax (Butterworths, January 1983).
• "Income From Office and Employment", Materials on Canadian Income Tax, 5th Ed., Richard De Boo Ltd., (1983).
• "The Determination of Capital Gains", Canadian Current Tax (Butterworths, December 1982).
• "Inter-vivos Transfer of Farm Property by a Farmer to His Child ", Canadian Current Tax (Butterworths, December 1982).
• "Transfer of Shares of the Capital Stock of a Small Business Corporation", Canadian Current Tax (Butterworths, December 1982).
• "Charities and Political Activities", Canadian Taxation, Vol. 3, No. 3 (Fall 1981).
• "A Framework for the Formulation of Income Tax Policy", Canadian Taxation, Richard De Boo Ltd. (1981).
• "The Measurement of Income: General Principles", Canadian Taxation, Richard De Boo Ltd. (1981).
• "Universality and Selectivity in Tax-Transfer Programs", Canadian Taxation, Vol. 2, No. 3 (Fall 1980).
• "Taxation of Private Corporations and Their Shareholders", Canadian Income Tax (Butterworths, 1980).
• "Taxation of Corporations and Their Shareholders", Canadian Income Tax (Butterworths, 1980).
• "Capital Gains", Canadian Income Tax (Butterworths, 1979).
• "Taxation of Public Corporations and Their Shareholders", Canadian Income Tax (Butterworths, 1979).
• "Intra-Family Property Transfers: Income Tax and Estate Planning Aspects, Tax Planning and Management, Canadian Income Tax (Butterworths, 1979).
• Case Annotation on Cirella v. The Queen, Vol. 4 C.C.L.T., p. 66 (May 1978).
• "Tax Factors in Personal Injury and Fatal Accident Cases: A Plea for Reform", Osgoode Hall Law Journal, Vol. 16, No. 3, p. 723 (November 1978).
• "Public Policy Limitations on the Deductibility of Fines and Penalties: Judicial Inertia", Osgoode Hall Law Journal, Vol. 16, No. 1, p. 19 (June 1978).
• "Tax Planning for Dispositions of Depreciable Property at Death", Alberta Law Review, Vol. xv, No. 2, p. 313 (1977).
• "Characterization of Wrongful Dismissal Awards for Income Tax", McGill Law Journal, Vol. 23, No. 1, p. 43 (1977).
• Case Comment on Mastronardi v. The Queen, 76 D.T.C. 6306, Estates and Trusts Quarterly, Vol. 3, No. 4 (March 1977).
• "Spousal Trusts", Nova Scotia Law News, Vol. 3, No. 4, p. 5 (Feb. 1977).
• "Intra-Family Property Transfers", Nova Scotia Law News, Vol. 3, No. 2, p. 2 (Oct. 1976).
• "Taxation of Personal Injury Awards: A Wiry Methuselah", Dalhousie Law Journal, Vol. 3, No. 2, p. 385 (Oct. 1976).
• "Tax Consequences of Compensation Policies", Alberta Law Review, Vol. xiii, No. 2, p. 111 (1975).
• "Corporate Distributions to Stockholders", Alberta Law Review, Vol. xii, No. 3, p. 301 (1974).
• "An Analysis of General Movements in Stock Prices", Journal of Business Administration, Vol. 4, No. 1, p. 35 (U.B.C., Fall, 1972).