A Tale Of Two Taxpayers: The Wealthy Client

By Dale Barrett – Managing Partner at Barrett Tax Law, Founder of Lawyers & Lattes Legal Cafe, Author of Tax Survival for Canadians: Stand up to the CRA, Editor of the Family Law and Tax Handbook, and Tax Columnist at the Lawyer's Daily. Originally published by The Lawyer's Daily.

Unlike a superior court, which can make an equitable decision — a decision based on fairness — the Tax Court of Canada is not a court of equity. It must apply the law and the facts and arrive at a decision that the judge believes to be a correct application of the law to the facts. It's a one-size-fits-all approach. It's consistent. And although not equitable to a particular taxpayer, the law is typically applied equally between them. It's designed this way.