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CANADIANLAWYERMAG.COM/INHOUSE MAY/JUNE 2018
Complex Litigation
Forget linear
We solve problems differently
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Sponsored by
ing the system has become
increasingly complex over
the years. In fact, the Federal
Budget recognizes that the
Courts require additional
support to address a grow-
ing and increasingly complex
caseload by allocating $41.9
million over five years to the
Federal Courts, including the
Tax Court.
Gone are the days where
both parties in a dispute
jointly worked on narrowing
the underlying tax issues and
moving the matter along so as
to reach a resolution on the
merits of an appeal in a pro-
ductive and efficient manner.
Today, procedural skir-
mishes litter the playing field,
as Crown counsels have taken
a more adversarial approach
to tax litigation and have
been challenging not only
the legal bases for taxpayers'
positions, but also
the factual under-
pinnings of every
case. This makes it
extremely important
for in-house counsel
to shape responses,
even at the audit and
appeals stages, with a view to
ensuring that they are well
positioned for an appeal at
any level of the Court
system, if necessary.
Tax litigators are expe-
rienced in dealing with the
Courts in tax disputes, and
have the expertise to devise a
successful litigation strategy.
If you find your business
is under the tax microscope,
engaging an experienced
Tax Litigation and Dispute
Resolution team can help you
take control and manage the
dispute process towards the
best possible end result.
For more information,
contact Justin Kutyan,
Partner, Tax Litigation &
Dispute Resolution,
KPMG in Canada
416-777-3266
jkutyan@kpmg.ca
T
he landscape of tax litigation
has changed significantly
over the last seven years.
Canada Revenue Agency is
under increasing pressure to
generate revenues, resulting
in increased audits, heavier
information demands, larger
adjustments with corresponding interest charges,
and harsher collections actions. The enactment
of new legislation in recent years also increased
the volume and detail of disclosures to the
government, and added uncertainty on tax filing
positions.
Taxpayers are resorting to litigation more and
more to resolve their tax disputes, but navigat-
by Justin Kutyan, KPMG Law LLP
"Navigating the
system has become
increasingly complex
over the years."
