Transfer Pricing: What's New In Canada (Part II)

In Part I of this article^,1 we provided an overview of transfer pricing developments in Canada since the start of the Organization for Economic Cooperation and Development's ("OECD") project on Base Erosion and Profit Shifting ("BEPS"). In Part II of the article, we focus on the Canadian court decisions on transfer pricing cases that have been rendered during this period.  Leading up to the start of the OECD BEPS project in 2012, there had only been a few transfer pricing decisions rendered by Canadian Courts. However, since 2012, between the transfer pricing cases heard by the Tax Court of Canada ("TCC") and the cases awaiting to be heard, there would appear to be an upward trend in transfer pricing disputes being brought before the Courts.