Chia-yi Chua is Senior Counsel in the firm’s National Tax Group. His practice focuses on complex tax litigation and tax disputes calling on imaginative and creative solutions.

Chia-yi has acted for corporate taxpayers in all of Canada’s significant industries, including the financial services, telecommunications, resource, retail, hospitality and transportation sectors. He has represented these clients at every level of court including the Supreme Court of Canada. In October 2023, he was invited to join the litigation team to prosecute a complex and longstanding tax dispute in Africa.

Chia-yi has been recognized for his market-leading practice having been ranked in the top-tiers of international directories.

Chia-yi is recognized by Chambers Global: The World’s Leading Lawyers for Business as one of Canada’s leading tax litigation lawyers, “praised for his skills in strategy and his ability to explain complex issues to clients” and clients say “he really understands and listens to what the client is saying and also provides…options on how to proceed”;

He has been consistently listed as a leading lawyer in Chambers Canada as one with a “stellar reputation in the tax litigation field in Canada”;

Legalese’s Tax Directors Handbook has described him as a “dedicated and highly analytical lawyer”;

He has been BV® Distinguished™ Peer Review Rated by Lexis/Nexis Martindale-Hubbell for his legal skills and professional ethics;

Chia-yi is recognized in the Legal 500 Canada guide and is consistently recognized in Best Lawyers in Canada, as one of Canada’s leading tax lawyers;

He is listed in The Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, as a leading lawyer in the areas of corporate tax litigation and commodity tax/customs; and

Finally, he is recognized as a leading lawyer in the current editions of the International Tax Review’s Tax Controversy Leaders and Indirect Tax Leaders guides.

Chia-yi regularly addresses the Tax Executives Institute, Inc. to present on current tax litigation topics. He is a frequent speaker at conferences of auditors and appeals officers, and addresses Tax and Finance departments of top North American corporations.

Chia-yi earned his JD from Osgoode Hall Law School and was called to the Ontario and British Columbia bars in 1995 and 1997, respectively. He is also a key member of the firm’s Asia Practice Group.

In 2009, he was named as one of Canada’s Top 25 immigrants, in the inaugural National Canadian Immigrant Magazine award.

Currently serves as the Republic of Singapore’s Honorary Consul-General in Toronto.

Chia-yi’s notable cases include:

McNeely v. The Queen, 2020 TCC 90, aff’d at 2021 FCA 218 – are D2L employees stock trust distributions caught by the ITA para. 6(1)(g) or the prescribed trust rules.

Fairmont Hotels Inc. v. Canada (Attorney General), 2014 ON SC 7302 (CanLII), aff’d at 2015 ONCA 441 (CANLII), rev’d at [2016] 2 SCR 720 - when is rectification of corporate resolutions appropriate?

President’s Choice Bank v. The Queen – sales tax case dealing with brand loyalty program and tax treatment of credit card services. Federal Court of Appeal (under reserve)

Prévost Car Inc. v. Her Majesty the Queen [2010] 2 F.C.R. 65, aff’g 2008 D.T.C. 3080 (T.C.C.) – Tax treaty meaning of “beneficial owner”

The TDL Group Co. v. Her Majesty the Queen 2015 TCC 60 – interest deductibility in context of related party cross-border financing for Canadian business icon, Tim Horton’s

Knights of Columbus v. Her Majesty the Queen, 2008 D.T.C. 3648 (T.C.C.) – Meaning of “permanent establishment” under the Canada – U.S. Tax Treaty

Procter & Gamble Inc. v. Ontario, [2007] O.J. No. 4441 (O.C.A.), aff’g [2006] O.J. No. 3467 (Ont. S.C.J.) – Rental of pallets by a manufacturer not subject to sales tax

Tele-Mobile Co. Partnership et al. v. Canada (Revenue Agency), 2010 FC 839, rev’d at 2011 F.C.A. 89 – prohibiting Ministerial action at pre-assessment stage

Club Intrawest v. Her Majesty the Queen (Tax Court of Canada, 2016 TCC 149 and 2017 FCA 151) – important judicial guidance on the principles of agency law and its application of taxes

Nestle Canada Inc. v. Her Majesty the Queen, 2017 TCC 33 – Promotional allowance

Vision TV: Canada’s Faith Network el al, (Court File #: CV-09-379352), July 21, 2009 (Ont. S.C.J.) – Declaration of Trustees and Trust

Toronto Blue Jays Baseball Club et al v. Ontario, [2005] O.J. No. 485 (C.A.) rev’g (2004) 238 D.L.R. (4th) 536 (S.C.J.), leave to appeal to the S.C.C. dismissed [2005] S.C.C.A. No. 181 – Away venues are not “permanent establishment[s]” of Ontario professional sports team (payroll tax)

Knights of Columbus v. Her Majesty the Queen, (Court File #: 2007-2033(IT)G), May 9, 2007 (T.C.C.) – Motion to consolidate 2 tax appeals

Procter & Gamble Inc. v. Ontario, 2009 CanLII 9475 (Ont. S.C.J.), aff’d at 2010 ONCA 149

IBM Canada Ltd. v. Ontario, [2007] O.J. No. 273 (Ont. S.C.J.) – Trial relating to the exclusion of expatriates’ remuneration from a taxpayer’s payroll tax base

IBM Canada Ltd. v. Ontario, [2006] O.J. No. 1624 (Ont. S.C.J.); and Bell Canada v. Ontario, [2006] O.J. No. 1522 (Ont. S.C.J.)– Conversion of Application to a Trial

Bell Canada v. Ontario, [2006] O.J. No. 2399 (Ont. S.C.J.) – Onus of proof in a tax appeal

Bell Canada v. Ontario, IBM Canada Ltd. v. Ontario and Procter & Gamble Inc. v. Ontario [2006] O.J. No. 1011 (Ont. Div. Ct.), aff’g (2005) 79 O.R. (3d) 143 (S.C.J.) – Effective use of court procedures on disputes involving questions of law

Bell Canada v. Ontario, [2005] O.J. No. 4111 (Ont. S.C.J.); Maple Leaf Sports & Entertainment Ltd. v. Ontario, [2005] O.J. No. 4111 (Ont. S.C.J.); Toronto Blue Jays Baseball Club v. Ontario, [2005] O.J. No. 4111 (Ont. S.C.J.); CIBC World Markets v. Ontario, [2005] O.J. No. 4111 (Ont. S.C.J.) – Minister cannot assess taxpayers relying on purported contracts not sanctioned by the law (sales tax)

SRI Realty Inc. v. Scotts Restaurants Inc., Court File No. 02-CV-236071CMI, October 4, 2002 (S.C.J.) – Rectification under the Ontario Land Titles Act

Ontario Hydro v. Ontario, (1999) 44 O.R. (3d) 1 (C.A.), leave to appeal to the S.C.C. dismissed [1999] S.C.C.A. No. 375 – Determining the scope of the Minister’s power to determine “fair value” (sales tax)

Extendicare International v. Ontario, (2000) 47 O.R. (3d) 1 (C.A.) – Lease termination payments not subject to retails sales tax

Progressive Packaging Ltd. v. Ontario, [1999] O.J. No. 3613 (C.A.) aff’g [1998] O.J. No. 4798 (Ont. Ct. Gen. Div.) – Remuneration paid from or through an Ontario permanent establishment to non-Ontario employees subject to payroll tax

Teck Corporation v. Ontario, (1999) 124 O.A.C. 58 – Inactive mine does not qualify as “existing mine for expansion exemption” (mining tax)

Toronto and Region Conservation Authority v. Ontario, (1999) 9 M.P.L.R. (3d) 312 (Ont. S.C.J.) – Meaning of “local board” and scope of Ministerial discretion in paying rebates (sales tax)

Wildenburg Holdings v. Ontario, 132 O.A.C. 216, aff’g (1998) 98 D.T.C. 6462 (Ont. Ct. Gen. Div.) – Debts held to be assumed by corporate partners (not partnership) hence ITA s.18(4) thin capitalization rules apply (corporations tax)

Upper Lakes Shipping v. Ontario, (1998) 107 O.A.C. 155, leave to appeal to the S.C.C. dismissed [1998] S.C.C.A. No. 89 – Use of GAAP to interpret meaning of “earned capital or any other surplus” (capital tax)

1. Roth Construction Limited v. Ontario, (1999) 99 D.T.C. 5791 (Ont. S.C.J.), aff’d (2001) O.A.C. 366 – Fees paid to Alberta management company with Ontario permanent establishment held not to be in respect of services “normally” performed by employees of the Alberta permanent establishment (capital tax)

Glen Styres v. Ontario, [1999] PTR 4131 (C.A.) rev’g [1998] O.J. No. 6382 (Ont. Ct. Gen. Div.) – Determining the true owner of seized tobacco products (tobacco tax)

PUBLICATIONS

Chia-yi has either authored or co-authored the following:

The Impact of Expanded CRA Audit Powers on TCC Appeals, Canadian Tax Focus, Volume 12, Number 3, August 2022

Modern Tax Warfare: How to Fight the CRA, International Tax Review, March 1, 2012

Risky Business – The CRA Audit Story, Tax Executive Institute Toronto Chapter’s Inaugural Newsletter, Volume 1, Issue 1, September 2011

The Risky Business of Canadian Tax Audits, International Tax Review, June 1, 2011

Velcro: The Undaunted Crown, Canadian Tax Highlights, Vol. 19, No. 4, April 2011

Enlightening Power: (Huppe v. The Queen), CCH Tax Topics, No. 2033, February 2011

Trends In Sales Tax Litigation, Canadian Tax Foundation Conference Report, 2008

1. Innes, C. Chua, R.B. Bissell, Federal Tax Practice (Toronto: CCH, 2007)

Taxation of Private Corporations and Their Shareholders, Fourth Edition (2010), Bleiwas and Hutson (eds.)

“Lipson v. R.: The Shuffle of Cheques, Decks and Equity”, Tax Litigation Journal, Vol. XVI, No. 2, May 2009, p. 983

“Wait, Don’t Strike Those Assumptions!”, (CCH Tax Topics, No. 1908, October 2, 2008)

Limit the Uncertainty, CA Magazine, April 2006

“Back to Reality: The Future of Binding Agreements in Canada” (2006), Vol. 41 (7) Tax Notes International 623

Costing Nothing to Put a Twinkle in Someone’s Eye – The Johnson & Johnson Decision, OBA Taxation Law Newsletter Volume 13, No. 4, May 2003

Ontario Tax Cases – The Good, the Bad and the Ugly, Ontario Bar Association Tax Law Update, Vol. 12, No. 3, March 2002

Collateral Damage – Attacking Ontario Tax Assessments, Tax Litigation Journal, Vol. X, No. 3, 2002, p. 634

Little Label, Lumber Loosely Linked – Comment on the Canadian Forest Products case, B.C. Tax Reporter No. 418, April 2001

Reborn Free: Tax Status After Amalgamation, Ontario Tax Reporter, No. 465, February 2001

Find Your Remedy Elsewhere! – Comment on the Waters case, B.C. Tax Reporter, No. 414, December 2000

When Time Began – Comment on the Carlson case, Canadian Tax Highlights, Vol. 8, No. 11, November 2000

The Exorbitant Price of Losing a Test Case: the QEW 427 Costs Award, Ontario Tax Reporter, No. 461, October 2000

SPEAKING ENGAGEMENTS

Chia-yi has spoken alone or with others on the following:

Tax Executives Institute Montreal Chapter, March 2021

Tax and Law Groups of large Canadian public companies on market-place relevant topics and developments in Canadian tax

The Anatomy of a Tax Dispute Tax Executives Institute - 50th Annual Canadian Conference, Ottawa, Ontario, May 3, 2015

Rectification – Practical Issues: 63rd Annual Conference of the Canadian Tax Foundation, Montreal, Quebec, November 29, 2011

Tax Executives Institute Tax Litigation Day, Toronto, Ontario, 2011 and 2014

McCarthy Tétrault’s Managing and Winning Tax Disputes Seminars (June 2011, October 2011 and March-April 2012)

Treaty Shopping, Osgoode Hall Law School International Tax Seminar, Toronto, Ontario, March 31, 2011

Practical Considerations on the Law of Privilege, Association of Corporate Counsel Calgary Chapter, Calgary, Alberta, May 13, 2015

Trends in Sales Tax Litigation: 60th Annual Conference of the Canadian Tax Foundation, Calgary, Alberta, November 2008

2006 Canadian Tax Course, Tax Executives Institute, Toronto, Ontario, September 21, 2006

Annual Ontario Day, Tax Executives Institute, Toronto, Ontario, 9 consecutive years (2000 – 2008)

Provincial Payroll Taxes – Ignore Them At Your Own Peril, Tax Executives Institute – 35th Annual Canadian Conference, Hull, Québec, May 8, 2001

When and How to Fix Mistakes, Tax Executives Institute – 39th Annual Canadian Conference, Gatineau, Québec, May 3, 2005

Effectively Managing CRA Audits, Canadian Life and Health Insurance Association Inc., Ottawa, Ontario, May 16, 2012

CRA Requirements: Can the Pendulum Swing Back In Favour of the Taxpayer, Canadian Life and Health Insurance Association Inc., Collingwood, Ontario, May 18, 2011

Notices of Objection: From Drafting to Resolution, Canadian Tax Foundation, Toronto, Ontario, April 3, 2012

Mock Trial, Tax Executives Institute – 40th Annual Canadian Conference, Gatineau, Québec, May 9, 2006

Recent Jurisprudence, Canadian Institute of Chartered Accountants – Annual Commodity Tax Symposium, Ottawa, Ontario (2004, 2011)

Canadian Tax Foundation, Young Practitioners Seminar, Toronto, Ontario, October 31, 2006

CCH Corporate Tax Update Webinar, Toronto, Ontario, December 11, 2007

Income Taxes, CICA National Conference Toronto, Ontario, September 20, 2006

Brain Drains and Gains: Cross-Border Relocation Law, Canadian Bar Association Ontario Chapter, Toronto, Ontario, June 15, 2001

Effectively Managing a CRA Audit, Institute of Law Clerks of Ontario’s 25th Conference, Niagara Falls, Ontario, May 28, 2015

PROFESSIONAL AFFILIATIONS

Member, Advocates’ Society

Member, Canadian Tax Foundation

Member, Canadian Bar Association

Member, Ontario Bar Association (Taxation Section)

Speakers Bureau, Passages to Canada

Member, Canadian Consular Corps of Toronto