Expert Tax Witness
Tax issues come up in disputes that have nothing to do with the CRA: a professional negligence claim against an accountant, a family law case about the tax cost of dividing assets, a commercial dispute over damages, or a foreign court that needs to understand how Canadian tax law applies. In these cases, judges and arbitrators rely on independent experts to explain complex tax issues clearly and objectively.
At Fiszman Tax Law, we provide expert reports, consulting support, and testimony on Canadian tax matters for lawyers, their clients, arbitrators, and insurers in Ontario, across Canada, and abroad.
Where We Can Help
Professional Negligence Claims: When an accountant, financial advisor, or other tax professional is alleged to have given poor tax advice, the court must decide what a reasonable professional would have done. We provide independent opinions on the standard of care in tax practice and on the tax consequences of what went wrong.
Family Law Matters: Dividing property and calculating support often depend on tax issues, such as the tax cost of selling or transferring assets, income from corporations and trusts, and the true after-tax value of a business. We help counsel and the court understand these numbers.
Commercial Disputes and Damages: Damages awards, settlements, and business valuations can change significantly once tax is considered. We provide opinions on the tax treatment of awards and settlements, tax gross-ups, and the tax consequences of transactions in dispute.
Estate Litigation: Disputes between beneficiaries and estate trustees often turn on tax questions, from the tax on death to the handling of trusts and corporate holdings. We provide clear, independent analysis to help resolve them.
Foreign Proceedings: Courts and tribunals outside Canada sometimes need evidence on how Canadian tax law works. We prepare reports and testify on Canadian tax law for foreign litigation and international arbitration.
Our Approach
Independent and Impartial: An expert's duty is to the court, not to the party who retains them. Our opinions are objective and fair, and we comply with the expert witness rules of the Ontario courts, the Federal Court, and other tribunals. This independence is what gives an expert opinion its weight.
Clear Written Reports: We prepare reports that explain complex tax concepts in plain language, set out the facts and assumptions relied on, and give reasoned conclusions a judge or arbitrator can follow.
Responding to Opposing Experts: We review and critique reports prepared by opposing experts, identifying errors in tax analysis, unsupported assumptions, and gaps in reasoning.
Testimony at Hearing: We give evidence at trial or arbitration, including under cross-examination, and explain tax issues in a way that is clear and credible.
Consulting Support for Counsel: Not every engagement involves testifying. We also act as consulting advisors to litigation counsel, helping assess the tax aspects of a case, prepare questions for opposing experts, and develop settlement strategy.
Need a Tax Expert for Your Case?
Early involvement makes a difference. Bringing in a tax expert before pleadings are finalized or discoveries begin can help shape the case, identify the issues that matter, and avoid costly surprises later.
Contact us with a brief summary of the matter, the parties involved, and any deadlines. We will first confirm that we have no conflict of interest, then discuss the scope of the engagement, the timeline, and fees.
Request a Case Review Today!
Please include any letters or relevant documents when you schedule your consultation.
