Ahmar v. Canada, 2020 FCA 65

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2020 FCA 65
Date25 March 2020
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8 practice notes
  • DIRECTORS' LIABILITY IN CANADIAN TAX LAW: CRITICALLY ANALYZING THE DUE DILIGENCE STANDARD.
    • Canada
    • University of British Columbia Law Review Vol. 55 No. 3, December 2022
    • December 1, 2022
    ...all the interest and penalties for which the directors were vicariously liable). (111) See ibid at paras 41-43. See also Ahmar v Canada, 2020 FCA 65, as an example where the director injected his own money into the company, including maxing out his lines of credit at para 7. The Federal Cou......
  • Keybrand Foods Inc. v. Canada, 2020 FCA 201
    • Canada
    • Court of Appeal (Canada)
    • November 19, 2020
    ...is asking this Court to reweigh the evidence and come to a different conclusion. This is not the role of this Court (Ahmar v. Canada, 2020 FCA 65, at para. 28). [74] In any event, there was sufficient basis for the Tax Court Judge to reach the conclusion that he did. It should also be noted......
  • Ambs v. The Queen, 2020 TCC 62
    • Canada
    • Tax Court (Canada)
    • July 20, 2020
    ...56. The principles enunciated in Buckingham are summarized in Balthazard v The Queen, 2011 FCA 331, ¶32. See also Ahmar v The Queen, 2020 FCA 65, ¶15, 18 & 24. [29]   Buckingham, supra note 25, ¶49. But note that, on March 27, 2020, as part of the federal government&......
  • Hirjee v. The King, 2023 TCC 4
    • Canada
    • Tax Court (Canada)
    • January 12, 2023
    ...[7] 2011 FCA 142, 2011 CarswellNat 1295, at para 42 (“Buckingham”). [8] 2011 FCA 142 (“Balthazard”). [9] 2020 FCA 65 (“Ahmar”). [10] 2004 SCC 68 (“Peoples”). [11] RSC 1985, c C-44 [12] Buckingham at paras 34 and 38. [13] Buckingham at ......
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4 cases
  • Keybrand Foods Inc. v. Canada, 2020 FCA 201
    • Canada
    • Court of Appeal (Canada)
    • November 19, 2020
    ...is asking this Court to reweigh the evidence and come to a different conclusion. This is not the role of this Court (Ahmar v. Canada, 2020 FCA 65, at para. 28). [74] In any event, there was sufficient basis for the Tax Court Judge to reach the conclusion that he did. It should also be noted......
  • Ambs v. The Queen, 2020 TCC 62
    • Canada
    • Tax Court (Canada)
    • July 20, 2020
    ...56. The principles enunciated in Buckingham are summarized in Balthazard v The Queen, 2011 FCA 331, ¶32. See also Ahmar v The Queen, 2020 FCA 65, ¶15, 18 & 24. [29]   Buckingham, supra note 25, ¶49. But note that, on March 27, 2020, as part of the federal government&......
  • Hirjee v. The King, 2023 TCC 4
    • Canada
    • Tax Court (Canada)
    • January 12, 2023
    ...[7] 2011 FCA 142, 2011 CarswellNat 1295, at para 42 (“Buckingham”). [8] 2011 FCA 142 (“Balthazard”). [9] 2020 FCA 65 (“Ahmar”). [10] 2004 SCC 68 (“Peoples”). [11] RSC 1985, c C-44 [12] Buckingham at paras 34 and 38. [13] Buckingham at ......
  • Donaldson v. The King, 2022 TCC 159
    • Canada
    • Tax Court (Canada)
    • December 9, 2022
    ...whole, is precisely designed to avoid such situations. … [50] The Federal Court of Appeal sounded a similar note in Ahmar v Canada, 2020 FCA 65 where Justice Mactavish, on behalf of the Court, confirmed the continuing relevance of the Buckingham principles: [23] The Tax Court further......
3 firm's commentaries
  • GST/HST Remittance Deferral: Interest-Free "Loans" May Trigger Personal Liability
    • Canada
    • Mondaq Canada
    • May 30, 2020
    ...3. Excise Tax Act, RSC 1985, c E-15, s 222(1) (HST Act). 4. HST Act, s 323(1). 5. HST Act, s 267.1, 272.1, 324. 6. HST Act, s 323(3). 7. 2020 FCA 65 8. Ahmar, para 23. 9. Ahmar, para 6, 7. About BLG The content of this article is intended to provide a general guide to the subject matter. Sp......
  • Tax Foresight Correctly Predicts The Case Outcome Of Ahmar V. Canada
    • Canada
    • Mondaq Canada
    • May 19, 2020
    ...Canada, 2020 FCA 65 is an appeal from the Tax Court's decision to hold the taxpayer, who was the sole director and shareholder of a corporation, personally liable for the corporation's HST debt. The background facts involve a deal that was negotiated between the taxpayer's corporation, whic......
  • Will CRA Pursue Directors For Deferred GST/HST?
    • Canada
    • Mondaq Canada
    • June 16, 2020
    ...Travellers Security Charge Act, (iii), Excise Act, 2001, and (iv) Softwood Lumber Products Export Charge Act, 2006. 4. See Ahmar v Canada, 2020 FCA 65. 5. This may occur because the corporation is or soon will be insolvent, or because the corporation simply does not have sufficient cash to ......
1 books & journal articles
  • DIRECTORS' LIABILITY IN CANADIAN TAX LAW: CRITICALLY ANALYZING THE DUE DILIGENCE STANDARD.
    • Canada
    • University of British Columbia Law Review Vol. 55 No. 3, December 2022
    • December 1, 2022
    ...all the interest and penalties for which the directors were vicariously liable). (111) See ibid at paras 41-43. See also Ahmar v Canada, 2020 FCA 65, as an example where the director injected his own money into the company, including maxing out his lines of credit at para 7. The Federal Cou......

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