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Alan Schwartz

Alan M. Schwartz

Partner Fasken
There are important strategic considerations when defending an assessment or reassessment where the general anti-avoidance rule (GAAR) is raised.
Jurisdiction Ontario, 1970
Language(s) English
Office(s) Toronto
Contact

Alan M. Schwartz’s practice involves corporate transactions work, including acquisitions, corporate reorganizations, prospectus disclosure and the establishment of investment vehicles.

A significant part of Alan’s practice involves representing clients in tax courts at all levels , from the Tax Court to the Supreme Court of Canada. He has been advised clients in leading tax cases on the general anti-avoidance rule, the existence of a separate business, partnership reorganizations, asset classification, residence of trusts and employment benefits, including the case of Savage v. the Queen which was decided in favour of the taxpayer by the Supreme Court of Canada. Alan is also the founder and editor-in-chief of the Thomson Carswell Tax Service ,"GAAR Interpreted," a leading publication on the general anti-avoidance rule. Alan also advises clients on estate planning and trusts.

Alan has also held many leadership positions with the firm. He was elected Managing Partner of Fasken Campbell Godfrey in February 1994 and was the Toronto office's Managing Partner and national chair of Fasken Martineau DuMoulin until June 30, 2001. Alan was also the firm's national chair of the Taxation group until August 2005. He was appointed Queen’s Counsel in 1985.

Rankings and Awards

  • 2017 OBA Award for Excellence in Taxation Law
  • Recipient of Lexpert's prestigious Zenith Award (2012)
  • Chambers Global 2011-2015 for Tax
  • Chambers Canada 2016 for Tax
  • Lexpert 2016 Guide to the Leading US-Canada Cross-Border Litigation Lawyers in Canada for Corporate Tax
  • Who's Who Legal: Canada 2016 for Corporate Tax
  • Best Lawyers in Canada 2011-2018 for Tax Law
  • Canadian Legal Lexpert Directory 2010-2017 for Corporate Tax, Litigation - Corporate Tax
  • Canadian Legal Lexpert Directory 2015 for Estate & Personal Tax Planning - Estate Litigation
  • Martindale-Hubbell "AV" rating
  • International Tax Review
  • Practical Law Company
  • 2017 OBA Award for Excellence in Taxation Law
  • Recipient of Lexpert's prestigious Zenith Award (2012)
  • Chambers Global 2011-2015 for Tax
  • Chambers Canada 2016 for Tax
  • Lexpert 2016 Guide to the Leading US-Canada Cross-Border Litigation Lawyers in Canada for Corporate Tax
  • Who's Who Legal: Canada 2016 for Corporate Tax
  • Best Lawyers in Canada 2011-2018 for Tax Law
  • Canadian Legal Lexpert Directory 2010-2017 for Corporate Tax, Litigation - Corporate Tax
  • Canadian Legal Lexpert Directory 2015 for Estate & Personal Tax Planning - Estate Litigation
  • Martindale-Hubbell "AV" rating
  • International Tax Review
  • Practical Law Company

Education

  • LLB University of Toronto
  • AB Princeton University

Community involvement

  • Chairman, Canadian Counsel of Christians and Jews (2002-2007)
  • Former President, Princeton University Alumni Association of Canada
  • Member, Planned Giving Committee of Princeton University

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, International Fiscal Association
  • Member, Toronto Senior Tax Practitioners Study Group
This Year in GAAR 2012 location location Toronto
This Year in GAAR 2012 location location Burlington