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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

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 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.

  • Recognized for Estate & Personal Tax Planning, Canadian Legal Lexpert Directory 2015 to 2019
  • Recognized for Litigation - Corporate Tax, Canadian Legal Lexpert Directory 2010 to 2019
  • Recognized for Corporate Tax, Who's Who Legal Canada 2016 to 2018
2015 to 2019 Canadian Legal Lexpert Directory Recognized for Estate & Personal Tax Planning
2010 to 2019 Canadian Legal Lexpert Directory Recognized for Litigation - Corporate Tax
2016 to 2018 Who's Who Legal Canada Recognized for Corporate Tax


  • 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
Recent GAAR Developments: Where Are We Now? Toronto Young Practitioners Tax Conference location location Toronto
This Year in GAAR 2012 Conference at BDO Dunwoody location location Burlington
This Year in GAAR 2012 Conference at Deloitte Touche location location Toronto


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