Peter Macdonald

Peter’s practice focuses on tax litigation, with particular focus on transfer pricing, international tax and tax structuring matters. He was extensively involved as counsel in the recent Cameco Corporation case, the largest transfer pricing case decided by the Tax Court of Canada, and recently heard at the Federal Court of Appeal. He also appeared recently at the Federal Court and Federal Court of Appeal as counsel regarding the ability of the Canada Revenue Agency to compel oral interviews of taxpayers during an audit.

Peter has significant experience representing clients during tax audits and objections, including making successful submissions on behalf of clients to the Transfer Pricing Review Committee.  As part of transfer pricing files, Peter has experience with advising clients concerning audit and litigation strategies, competent authority applications and collections matters.


Representative Work

  • Cameco Corporation

    Cameco Corporation in its successful dismissal of CRA appeal by the Supreme Court of Canada

  • Canada v. Cameco Corporation, 2020 FCA 112 – Successful transfer pricing appeal to the Tax Court of Canada and Federal Court of Appeal relating to Cameco’s international sales structure and product sales
  • Canada (National Revenue) v. Cameco Corporation, 2019 FCA 67 – Successful defence against requirement from Canada Revenue Agency attempting to compel oral interviews during transfer pricing audit
  • A Canadian communications corporation in an administrative transfer pricing audit including interviews with the Canada Revenue Agency
  • Two Canadian retail corporations in respect of audits by the Canada Revenue Agency under its hybrid debt structure transfer pricing project
  • A major Canadian bank in a transfer pricing appeal to the Tax Court of Canada in respect of its international insurance activities
  • A Canadian property development company in an appeal to the Tax Court of Canada in respect of the deductibility of a management services fee
  • A French industrial company in a transfer pricing objection concerning the imposition of transfer pricing penalties
  • Imperial Oil in an application to the Federal Court of Canada relating to remission of tax in respect of the Syncrude Project
  • A Canadian life insurance corporation in an appeal to the Tax Court of Canada involving the tax treatment of costs incurred during the demutualization process
  • A Canadian communications corporation in an administrative objection to the Canada Revenue Agency regarding the sale of shares of a foreign affiliate
  • A Canadian food corporation in multiple internal reorganizations designed to enhance tax efficiency
  • Jubilant Organosys, an Indian pharmaceutical corporation in a $255 million acquisition of the shares of DRAXIS Health Inc.
  • Limited Brands, an American retail corporation, in a $628 million acquisition of the shares of La Senza Corporation

Latest Insights

  • Osler Update Feb 23, 2024

    OECD releases transfer pricing guidance on a simplified and streamlined approach (Amount B of Pillar One)

    The OECD has released its first transfer pricing report on Amount B of Pillar One, which introduces a simplified transfer pricing methodology for cert...

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    OECD releases transfer pricing guidance on a simplified and streamlined approach (Amount B of Pillar One)
  • Osler Update Jun 12, 2023

    Department of Finance releases consultation paper proposing amendments to Canada’s transfer pricing regime

    On June 6, the Canadian Department of Finance released a consultation paper proposing amendments to Canada’s transfer pricing regime and opened a con...

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  • Osler Update May 4, 2022

    Canadian anti-hybrid tax legislation released in draft

    On April 29, 2022, the Department of Finance released the first of two packages of draft legislation to implement its proposals to eliminate the tax b...

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  • Webinar Dec 15, 2021

    Supreme Court guidance on Canada’s international tax regime: Implications of Alta Energy and Loblaw

    The Osler Tax Group discusses the broad implications of the Supreme Court’s approach in these decisions, the impact on statutory interpretation in bot...

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Awards and Recognition

  • International Tax Review: Recognized in Tax Controversy as a Highly Regarded lawyer
  • Who's Who Legal: Recognized in Canada – Corporate Tax

Media Mentions

  • Osler News Aug 25, 2023

    Osler recognized as a Tier 1 firm in ITR’s World Tax Guide 2024

    Osler is proud to once again be recognized as a Tier 1 firm in the 2024 edition of the International Tax Review’s World Tax guide. Additionally, 19 of...

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  • Osler News Dec 6, 2022

    New tax disputes publication featuring contributions by Osler lawyers now available

    The Canadian Tax Foundation has just published a new book on Canadian tax disputes.

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  • Osler News Oct 4, 2021

    Osler recognized as a Tier 1 firm in ITR’s World Tax Guide 2022

    Osler has maintained its Tier 1 rankings in ITR’s World Tax Guide with 18 lawyers recognized as leaders in their field.

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  • Osler News May 12, 2021

    Osler’s National Litigation team recognized at the Benchmark Canada Awards 2021

    Osler is proud to announce that our National Litigation team has been recognized at the 2021 Benchmark Canada Awards.

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Speaking and Writing

Speaking Engagements

speaker 15/12/2021
Supreme Court guidance on Canada’s international tax regime: Implications of Alta Energy and Loblaw
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speaker 14/1/2020
Managing Transfer Pricing Audits and Disputes
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Published Work

  • Frequent lecturer at University of Ottawa Law School on Taxation Policy, Tax Avoidance, Transfer Pricing and International Tax (courses taught by Ian MacGregor)
  • Litigation Support II – Practice Issues (chapter), Canadian Institute of Chartered Business Valuators, 2009 (co-authored with Ian MacGregor).

Credentials

Education

  • University of Toronto, LL.B.
  • Wilfrid Laurier University, B.B.A.

Languages

  • English

Professional Affiliations

  • Canadian Tax Foundation
  • International Fiscal Association
  • Canadian Bar Association
  • Ontario Bar Association
  • Law Society of Ontario