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Patrick Marley - Tax Lawyer

Patrick Marley

Partner, Taxation


Contact Information

pmarley@osler.com

tel: 416.862.6583

Office

Toronto

Bar Admission

New York, 2004

Ontario, 1997

Education
  • New York University, LL.M.
  • University of Western Ontario, LL.B.
  • Queen’s University, B.Comm.
Language(s)
English

Patrick advises on tax issues associated with international tax planning, domestic and cross-border mergers and acquisitions, corporate reorganizations, corporate finance and various other tax matters. He has experience representing clients in various industries including financial services, mining, oil and gas, telecommunications, manufacturing and technology. Patrick appeared before the Canadian Senate Banking Committee in 2008 as a tax expert in respect of proposed foreign investment entity and non-resident trust tax rules. Prior to joining Osler, Patrick worked in the Canadian Department of Finance where he was extensively involved in drafting legislation and formulating tax policy related to foreign affiliates, foreign source income and foreign investments.

  • Fusion Pharmaceuticals

    Fusion Pharmaceuticals Closes an Oversubscribed US$46 Million Series A Financing

    • TELUS Corporation in connection with its acquisition of more than 100,000 wireless customers in Manitoba from BCE in connection with BCE’s acquisition of MTS (ranked as one of Listed Magazine’s Top 10 M&A deals for 2016)
    • Kinross Gold Corporation on the sale of its 25% interest in the Cerro Casale project in Chile and 100% interest in the Quebrada Seca project to Chile, Goldcorp Inc. for consideration including US$300-million in cash
    • Starz Entertainment in its $4.4 billion sale to Lions Gate Entertainment Corp.
    • Royal Bank of Canada in the acquisition of City National Corporation for approximately US$5.4 billion
    • BMO Financial Group in the acquisition of GE Capital's Transportation Finance business in the U.S. and Canada with net earning assets of approximately C$11.9 billion.
    • Telus Communications Inc. v. A.G. of Canada, 2015 ONSC 6245 in the granting of a rectification order
    • Hydro One Limited in its $1.66 billion Initial Public Offering
    • Tim Hortons in connection with its $13 billion acquisition by an affiliate of Burger King Worldwide, Inc
    • Kinross Gold Corporation in connection with the sale of its Fruta del Norte project in Ecuador to Fortress Minerals
    • Bank of Montreal in connection with its acquisition of F&C Asset Management plc.
    • Royal Bank of Canada in connection with its acquisition of the Canadian automobile finance and deposit business of Ally Financial Inc.
    • Ontario Teachers’ Pension Plan in connection with their joint acquisition of Q9 Networks with Bell Canada, Providence Equity Partners and Madison Dearborn Partners for approximately C$1.1 billion in cash.
    • TD Securities (USA) LLC v. The Queen, 2010 TCC 186 - Overturned the CRA’s long-standing policy of denying treaty benefits to US limited liability companies.
    • BMO Financial Group in connection with its 2011 acquisition of Marshall & Ilsley Corporation.
    • China Investment Corporation in connection with its subsidiary’s $1.26 billion investment in PennWest Energy.
    • BMO Financial Group in its acquisition of the Diners Club North American Franchise from Citigroup.
    • Kinross Gold in its acquisition of Red Back Mining Inc. (largest M&A transaction in Canada in 2010).
    • Royal Bank of Canada in its US$2.2 billion acquisition of RBTT Financial Group.
    • Royal Bank of Canada in its $1.35 billion acquisition of Phillips, Hager & North Investment Management Ltd.
    • Toronto-Dominion Bank in its US$8.5 billion acquisition of Commerce Bancorp Inc.
    • China National Petroleum Corporation (CNPC) in its US$4.2 billion acquisition of PetroKazakhstan Inc. (then the largest foreign acquisition by a Chinese company), and the subsequent sale of 33% interest in PetroKazakhstan to JSC KazMuniGas.
  • Find More

  • Chambers Canada: Canada’s Leading Business Lawyers, 2016-2018, recognized in the area of Tax.
  • The Best Lawyers in Canada, 2006-2018, recognized in the area of Taxation Law.
  • The Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada, 2017: Corporate Tax.
  • The Canadian Legal Lexpert Directory, 2012-2017, Most Frequently Recommended in the area of Corporate Tax.
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, 2017, Most Frequently Recommended in the area of Corporate Tax.
  • The Legal 500, 2017, recognized as a Recommended Lawyer in the area of Tax Law.
  • Who’s Who Legal, 2017, recognized in the area of Corporate Tax.
  • Chambers Global: The World's Leading Lawyers for Business, 2008-2017, recognized in the area of Tax Law.
    • "Patrick Marley has a wealth of experience in reorganisations, finance and cross-border M&A. Clients describe Marley as their "go-to guy" for international tax planning"
  • “Noted for his experience of sizeable corporate acquisitions and tax planning”.
  • Who’s Who Legal, 2016, recognized in the area of Corporate Tax- Advisory.
  • Tax Advisors Expert Guide, 2016, recognized leader by in-house counsel.
  • Lexpert’s Rising Stars, 2008, recognized as leading lawyer.

  • International Fiscal Association, Canadian Branch Treasurer
  • Canadian Tax Foundation
  • American Bar Association, International Section, Past Co-Chair of Taxation Committee
  • New York University, International Tax Program Practice Council
  • Ontario Bar Association, New York Bar Association

Patrick is a contributing editor for Tax Management Business Operations in Canada, and is a regular contributor to Tax Management International Journal. Other publications include:

 

  • Canadian Royalty Payments to Non-Residents, Bloomberg BNA – Tax Management International Journal (with E. Gilmour), October 13, 2017
  • International Tax Issues in Mergers and Acquisitions, ABA 2017 Section of International Law Spring Conference – Washington (with R. Misey, H. Knott, and P. Fuller), April 28, 2017
  • OECD’s Multilateral Instrument for the Implementation of Tax Treaty-Related BEPS Measures, IFA 2017 International Tax Conference, April 25, 2017
  • Are Private Equity Funds and Their Investment Entities Entitled to Tax Treaty Benefits? Tax Management International Journal – Bloomberg BNA, February 10, 2017
  • OECD’s MLI: Will tax treaty benefits apply to private equity investors? Article for the PE Hub Network, January 24, 2017
  • Are private equity and other collective investors entitled to tax treaty benefits? Osler Update, January, 2017
  • Supreme Court of Canada clarifies the remedy of rectification in Canadian tax cases, Osler Update, December 12, 2016
  • Significant tax treaty changes proposed in multilateral convention, Osler Update, November, 2016
  • Canada-U.S. Investment – Canadian Tax Perspective “Acquiring a Canadian Corporation:  Canadian Tax Considerations”, Tax Management International Journal Article (with David Wilson), November 2016
  • BEPS:  Another Year Older and Another Year Wiser, Bloomberg BNA:  2nd Annual International Tax Conference – Canada and Beyond, August 31, 2016
  • Cross-Border IP Planning Post-BEPS, IFA International Tax Conference – Montreal, May 26 & 27, 2016
  • Taxpayer wins interest deductibility case at Federal Court of Appeal:  The TDL Group Co. v. The Queen, 2016 FCA 67, Osler Update, March, 2016
  • International Tax Planning for Canadians in a World of Changing Rules – What International Tax Reforms Could/Should Canada Consider? Canadian Tax Foundation Presentation with V. Sider, P. Halvorson and L. Chapman, February 9, 2016 
  • BEPS recommendations could significantly affect cross-border trade, Osler Update, December, 2015
  • Saving the Planet (and Taxes) Accessing Green Energy Incentives, ABA Section of International Law – 2015 Fall Meeting, October 20-24, 2015
  • International Tax Reform 2015-BEPS Final Reports, Osler Update, October, 2015
  • Treaty Shopping – OECD Releases Revised Discussion Draft on BEPS Action 6, Osler Update, May, 2015
  • From Theory to Practice:  Practical Consequences of BEPS in Cross-Border Deals, ABA Section of International Law 2015 Spring Meeting, May 2015
  • International Tax Update – OECD/G20 BEPS Project, Tax Executives Institute, March 2015.
  • BEPS Symposium:A Canadian Perspective, IFA/CTF, February 2015.
  • Cross Border Cash Pooling Arrangements Involving Canadian Subsidiaries:  A Technical Minefield, Tax Management International Journal, June 13, 2014
  • Impact of BEPS Report and Other Changes on Existing Structures and Proposed Commercial Transactions, IBA/CIOT Conference, February 2014
  • Treaty Shopping Review, Canadian Tax Foundation Conference, November 2013
  • International Highlights in Canada’s 2013 Budget, Tax Notes International, Volume 70, Number 1, April 1, 2013
  • A Review of Foreign Affiliate Reorganization Rules After Recent Amendments, Canadian Tax Foundation Conference, November 2012
  • Canada Approves New Foreign Affiliate Dumping Rules, Tax Notes International Vol. 68, Number 6, November 12, 2012
  • International Investment Structures for Investment into Latin America, 2012 Fall Meeting Section of International Law, ABA, October 18, 2012
  • Foreign Affiliate Proposals, International Fiscal Association, Canadian Branch Seminar, May, 2012
  • Adverse Canada-U.S. Tax Treaty Hybrid Entity Rules Coming into Effect January 1, 2010, Osler Update, November 25, 2009
  • Limitation on Benefits: Canadian Interpretation, Tax Management International Journal (Vol. 38, No. 10) October 9, 2009
  • The Taxation of Mergers and Acquisitions in Canada, IFA - Bulletin for International Taxation August/September 2009 (IBFD)