Canada: CRA GAAR committee documents compelled – Superior Plus Corp v the Queen

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Canada: CRA GAAR committee documents compelled – Superior Plus Corp v the Queen

kroft.jpg

richardson.jpg

Ed Kroft, QC


Casey Richardson-Scott

The Tax Court of Canada recently considered a taxpayer's entitlement to access records and information during the examination for discovery process regarding the Canada Revenue Agency (CRA) decision to apply the general anti-avoidance rule (GAAR). In Superior Plus Corp v the Queen 2015 TCC 132, the taxpayer had appealed an assessment based, in part, on the decision of the CRA to apply the GAAR to a conversion of an income trust to a Canadian corporation. The taxpayer brought a motion to compel the CRA to answer questions that were refused during examination for discovery, to produce un-redacted copies of certain documents, and to produce documents for which production was refused outright, all pertaining to the CRA's decision to apply GAAR in the circumstances and to the underlying policies in the Income Tax Act (Canada) (ITA) that the CRA determined had been abused. The CRA had principally refused to answer the questions and produce the documents at issue on the basis of relevance.

In its decision, the Tax Court of Canada emphasised that the relevance threshold at the discovery stage is low. The court ultimately ordered that a majority of the refused questions be answered, and that a majority of the refused documents be produced in un-redacted form. Specifically, the court ordered that questions regarding the following be answered:

  • Facts, information or knowledge contributing to the Attorney General's position to be taken at trial;

  • Facts, information or knowledge regarding the Department of Finance's considerations as to whether to make a subsequent amendment to the ITA retroactive; and

  • The Attorney General's understanding of the policy regarding loss trading under the ITA, as well as the policy underlying the introduction of the SIFT conversion rules.

The court further ordered that the following types of documents be produced in un-redacted form:

  • GAAR committee meeting notes and minutes;

  • Memoranda to file written by CRA auditors;

  • Emails between CRA officials and auditors regarding the GAAR and loss trading; and

  • Memoranda to the GAAR committee from the Aggressive Tax Planning division of the CRA.

In summary, the Superior Plus Corp. decision appears to permit taxpayers to access GAAR committee communications, meeting minutes, and memoranda. The decision may help to encourage CRA transparency in the discovery process, particularly in matters concerning the GAAR or perhaps even when taxpayers seek such information through Freedom of Information processes.

Ed Kroft, QC (ed.kroft@blakes.com) and Casey Richardson-Scott (casey.richardsonscott@blakes.com), Toronto

Blake, Cassels & Graydon

Tel: +1 416 863 2500/+1 604 631 5200 and 1 416 863 4024

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

The private equity-backed deal hands Grant Thornton immediate and impressive US scale, but World Tax data suggests the firm still has work to do to gain recognition
From Instagram content to £100m transactions, the founder of Thomas & Co International discusses building a modern tax and accounting firm for business founders
Growing GAAR scrutiny is driving taxpayers to look beyond legal form and demonstrate the commercial rationale underpinning tax-efficient structures
Pillar two has been clients’ ‘biggest headache’ but also a driver of growth for MHA, which believes it has the edge over its big four rivals
Public country-by-country reporting is exposing multinational tax data to investors, journalists and competitors, creating fresh risks for businesses
Pillar two compliance is creating unprecedented data demands for multinational tax departments, making closer collaboration with FP&A teams essential for accurate reporting and audit readiness
Among the arrivals is Andrew Howell, who leaves scandal-hit PwC Australia after representing PepsiCo in a high-profile TP dispute
ITR's podcast examines whether the big four have overarching cultural issues and assesses the competitive threat of technology-backed transfer pricing firms
The UK advisory firm has seen its global revenues expand by £27.2m following its listing and acquisition of Baker Tilly South-East Europe
Tax-trained John Sams, previously the firm’s CFO and COO, was appointed after a rigorous process, KPMG said
Gift this article