Elie Roth

Partner

Elie Roth

Elie Roth

Partner

Bar Admissions
  • Ontario, 2000

“Absolutely extraordinary… his technical expertise is superb.”
Client – Chambers Global 2015

Elie advises on all aspects of domestic and international tax planning, corporate reorganizations, mergers and acquisitions, and corporate finance. He frequently consults on cross-border transactions, structuring non-resident investment into Canada and outbound investment by Canadian multinationals. He also advises taxpayers on tax audit matters and has been highly successful in representing taxpayers in tax litigation proceedings at various court levels.

Elie has advised governments, institutional investors, commodities and securities dealers, hedge funds, private equity funds, banks, insurance companies, pension plans, real estate developers, resource companies, manufacturers, entertainers, registered charities and endowments, Crown corporations and high-net-worth individuals on a wide variety of taxation matters.

Elie is co-author of Canadian Taxation of Trusts, a textbook published by the Canadian Tax Foundation in November 2016. An adjunct professor at Osgoode Hall Law School, Elie teaches international tax law and taxation of real estate transactions. He speaks frequently at legal conferences on taxation issues in Canada, the U.S. and Europe.

Elie Roth

Partner

“Absolutely extraordinary… his technical expertise is superb.”
Client – Chambers Global 2015

Elie advises on all aspects of domestic and international tax planning, corporate reorganizations, mergers and acquisitions, and corporate finance. He frequently consults on cross-border transactions, structuring non-resident investment into Canada and outbound investment by Canadian multinationals. He also advises taxpayers on tax audit matters and has been highly successful in representing taxpayers in tax litigation proceedings at various court levels.

Elie has advised governments, institutional investors, commodities and securities dealers, hedge funds, private equity funds, banks, insurance companies, pension plans, real estate developers, resource companies, manufacturers, entertainers, registered charities and endowments, Crown corporations and high-net-worth individuals on a wide variety of taxation matters.

Elie is co-author of Canadian Taxation of Trusts, a textbook published by the Canadian Tax Foundation in November 2016. An adjunct professor at Osgoode Hall Law School, Elie teaches international tax law and taxation of real estate transactions. He speaks frequently at legal conferences on taxation issues in Canada, the U.S. and Europe.

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Estate Trustees of Barry Sherman and Honey Sherman

Acted as counsel to Estate Trustees of Barry Sherman and Honey Sherman in legal proceedings against the Toronto Star and its Chief Investigative Reporter, Kevin Donovan, in regards to a sealing order obtained by the Estate Trustees which restricts public access to materials filed in connection with the routine administration of the Shermans' estates. On June 11, 2021, the Supreme Court of Canada dismissed the Estate Trustees' appeal but in doing so, created a new and important law relating to the test for orders limiting public access in civil cases.

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Major unitholder of OneREIT

Acted as tax counsel to a major unitholder of OneREIT, in its $1.1-billion acquisition by SmartREIT and Strathallen Acquisitions Inc. Davies also acted for SmartREIT in this acquisition on corporate and real estate matters.

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Atlas Holdings LLC

Acted for Atlas Holdings in connection with Atlas's acquisition of an 80% equity interest in Millar Western Forest Products and Atlas's exchange of high-yield notes for new secured high-yield notes as the supporting noteholder for Millar Western's US$210-million note exchange transaction. The note exchange transaction was implemented under a plan of arrangement under the Canada Business Corporations Act and, together with Atlas's subsequent equity investment by way of a debt for share exchange transaction, significantly reduced Millar Western's indebtedness and strengthened its financial position, enhancing its ability to respond to and capitalize on developments in the forest products industry.

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Viking Air Limited

Acted for Viking Air Limited in connection with its acquisition of the worldwide amphibious aircraft (CL-415 waterbomber) program from Bombardier, including the Type Certificates (manufacturing rights) for all variants of the waterbomber aircraft, and the after-market product support business.

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Shaw Communications Inc.

Acted for Shaw Communications Inc. in connection with its sale of Shaw Media Inc. to Corus Entertainment Inc. for $2.65 billion. Shaw Media is the owner of the Global Television Network and 19 specialty channels including HGTV Canada, Food Network Canada and Showcase. Davies acted for Shaw in 2010 on the purchase of these assets from CanWest Global Communications for $2 billion. The proceeds from this sale were used to finance Shaw's acquisition of WIND Mobile for $1.6 billion. Davies acted for WIND Mobile.

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Government of Canada

Acted for the Government of Canada in connection with the restructuring of the Nuclear Laboratories division of Atomic Energy of Canada Limited (a federal Crown corporation), including (i) the structuring and development of a competitive procurement process for a private sector contractor that will be responsible for the management and operation of AECL's sites, facilities and assets and the performance of AECL's nuclear decommissioning and waste management responsibilities, operating under a government-owned, contractor-operated (GoCo) model, and (ii) the drafting of the principal procurement and transaction documents, including the Request for Proposal and the management and operating agreements.

Mobile Content:

Waterton Global Resource Management, Inc.

Acted for Waterton Global Resource Management, Inc. in its sale of the Getchell gold project in Nevada to Premier Gold Mines Limited for consideration of up to US$85 million.

Mobile Content:

First Quality Enterprises, Inc.

Acted as Canadian counsel to First Quality Enterprises, Inc., and its affiliates in connection with the acquisition of Fempro I Inc. and related companies.

Mobile Content:

Forest Resources LLC

Acted for Atlas Holdings LLC and Forest Resources LLC in connection with the sale of their Canadian operations, consisting of CanAmPac, Boehmer Box, and Strathcona Paper, to Rosmar Litho, a subsidiary of PaperWorks.

Mobile Content:

Waterton Global Resource Management

Acted as Canadian tax counsel to Waterton Global Resource Management in connection with the launch of its third private equity fund, Waterton Parallel Fund, with total capital commitments of US$725 million.

Article
Mobile Content:

Supreme Court of Canada to Render Treaty Shopping Decision, co-author

May 12, 2021 - IFC Review
Read the article.

Bulletin
Mobile Content:

2021 Federal Budget: Tax Highlights

Apr. 20, 2021 - The Honourable Chrystia Freeland, Canada’s Deputy Prime Minister and Minister of Finance, delivered the Liberal Party’s first federal budget (Budget 2021) in over two years and the first since the start of the global COVID-19 pandemic. As part of a recovery plan for “jobs, growth and resilience,”...

Article
Mobile Content:

Canada chapter, co-author

June 15, 2020 - The Corporate Tax Planning Law Review, 2nd ed. (The Law Reviews)
Read the chapter.

Bulletin
Mobile Content:

Estate Planning in Turbulent Times

Apr. 29, 2020 - With more than two-thirds of all Canadians self-isolating in a collective effort to flatten the COVID-19 curve of infection, estate planning is one of a number of planning considerations that are top of mind. Regardless of whether individuals already have a plan in place or have yet to commence...

Bulletin
Mobile Content:

Canadian Tax Laws: A Review of 2019 and a Look Ahead to 2020

Jan. 30, 2020 - Each year at this time we look back at some of the more significant income tax developments in Canada affecting domestic and international business over the past year and look ahead to possible Canadian tax developments in the coming year. Review of Canadian Tax Developments in 2019 Tax...

Bulletin
Mobile Content:

2019 Federal Budget: Tax Highlights

Mar. 19, 2019 - Budget 2019 is the last federal budget of the current Liberal government before the upcoming federal election in October 2019. Tax-related measures are intended to advance the government’s stated priority of creating a fair tax system. Proposals include changes to the employee stock option rules,...

Speaking Engagement
Mobile Content:

International Bar Association, The New Era of Taxation Conference, “Digital economy- legislative challenges and country-specific solutions”; Vienna, Austria; Nov. 29 & 30 2018

Nov. 29, 2018

Speaking Engagement
Mobile Content:

New York State Bar Association, 14th Annual International Estate Planning Institute, “Canada-US cross-border planning in light of US tax reform”; New York, NY; Mar. 22 & 23 2018

Mar. 22, 2018

Bulletin
Mobile Content:

2018 Federal Budget: Tax Highlights

Feb. 27, 2018 - As anticipated, today’s federal budget (Budget 2018) focuses on a few targeted areas, including the taxation of passive investments made by private corporations, and does not contain any measures in response to the enactment of tax reform in the United States or relating to the OECD BEPS...

Mobile Content:

Chambers Global: The World’s Leading Lawyers for Business—Tax

Mobile Content:

Chambers Canada: Canada’s Leading Lawyers for Business—Tax

Mobile Content:

International Tax Review’s World Tax: The Comprehensive Guide to the World’s Leading Tax Firms—General Corporate Tax

Mobile Content:

Chambers High Net Worth Guide—Private Wealth Law: Canada (Band 1)

Mobile Content:

Tax Directors Handbook—Tax

Mobile Content:

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Corporate Tax

Mobile Content:

Lexpert Special Edition: Finance and M&A

Mobile Content:

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Tax

Mobile Content:

The Canadian Legal Lexpert Directory—Corporate Tax (Most Frequently Recommended); Estate and Personal Tax Planning: Estate and Tax Planning (Most Frequently Recommended); Charities/Not-For-Profit Law

Mobile Content:

Lexpert Rising Stars: Leading Lawyers Under 40

Mobile Content:

ALM/Legal Week—Global Private Client Elite

Mobile Content:

The Best Lawyers in Canada—Tax Law; Trusts and Estates (Lawyer of the Year 2018, Toronto)

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Who’s Who Legal: Canada—Corporate Tax; Private Client (Most Highly Regarded); Who’s Who Legal: Corporate Tax—Advisory; Who’s Who Legal: Private Client; Who’s Who Legal: Thought Leaders—Private Client

Bar Admissions
Mobile Content:

Ontario, 2000

Education
Mobile Content:

Canadian Institute of Chartered Accountants, In-Depth Tax Course
York University, PhD (Law), 2007
Osgoode Hall Law School, LLM (Tax Law), 2003
Osgoode Hall Law School, LLB (Gold Medallist), 1998
York University, BA (with Distinction), 1995

Professional Affiliations
Mobile Content:

American College of Trust and Estate Counsel
Canadian Tax Foundation
International Fiscal Association
Society of Trust and Estate Practitioners
The International Academy of Estate and Trust Law (TIAETL)

Community Involvement
Mobile Content:

The International Academy of Estate and Trust Law (TIAETL), council member and member of the Taxes Committee

Teaching Engagements
Mobile Content:

Elie has been an adjunct professor teaching international tax law at Osgoode Hall Law School and taxation of real estate transactions in Osgoode’s graduate program in law. He has also taught the taxation segment of the Law Society of Ontario’s Bar Admission Course.

“Absolutely extraordinary… his technical expertise is superb.”
Client – Chambers Global 2015

Elie advises on all aspects of domestic and international tax planning, corporate reorganizations, mergers and acquisitions, and corporate finance. He frequently consults on cross-border transactions, structuring non-resident investment into Canada and outbound investment by Canadian multinationals. He also advises taxpayers on tax audit matters and has been highly successful in representing taxpayers in tax litigation proceedings at various court levels.

Elie has advised governments, institutional investors, commodities and securities dealers, hedge funds, private equity funds, banks, insurance companies, pension plans, real estate developers, resource companies, manufacturers, entertainers, registered charities and endowments, Crown corporations and high-net-worth individuals on a wide variety of taxation matters.

Elie is co-author of Canadian Taxation of Trusts, a textbook published by the Canadian Tax Foundation in November 2016. An adjunct professor at Osgoode Hall Law School, Elie teaches international tax law and taxation of real estate transactions. He speaks frequently at legal conferences on taxation issues in Canada, the U.S. and Europe.

Estate Trustees of Barry Sherman and Honey Sherman

Acted as counsel to Estate Trustees of Barry Sherman and Honey Sherman in legal proceedings against the Toronto Star and its Chief Investigative Reporter, Kevin Donovan, in regards to a sealing order obtained by the Estate Trustees which restricts public access to materials filed in connection with the routine administration of the Shermans' estates. On June 11, 2021, the Supreme Court of Canada dismissed the Estate Trustees' appeal but in doing so, created a new and important law relating to the test for orders limiting public access in civil cases.

Major unitholder of OneREIT

Acted as tax counsel to a major unitholder of OneREIT, in its $1.1-billion acquisition by SmartREIT and Strathallen Acquisitions Inc. Davies also acted for SmartREIT in this acquisition on corporate and real estate matters.

Atlas Holdings LLC

Acted for Atlas Holdings in connection with Atlas's acquisition of an 80% equity interest in Millar Western Forest Products and Atlas's exchange of high-yield notes for new secured high-yield notes as the supporting noteholder for Millar Western's US$210-million note exchange transaction. The note exchange transaction was implemented under a plan of arrangement under the Canada Business Corporations Act and, together with Atlas's subsequent equity investment by way of a debt for share exchange transaction, significantly reduced Millar Western's indebtedness and strengthened its financial position, enhancing its ability to respond to and capitalize on developments in the forest products industry.

Viking Air Limited

Acted for Viking Air Limited in connection with its acquisition of the worldwide amphibious aircraft (CL-415 waterbomber) program from Bombardier, including the Type Certificates (manufacturing rights) for all variants of the waterbomber aircraft, and the after-market product support business.

Shaw Communications Inc.

Acted for Shaw Communications Inc. in connection with its sale of Shaw Media Inc. to Corus Entertainment Inc. for $2.65 billion. Shaw Media is the owner of the Global Television Network and 19 specialty channels including HGTV Canada, Food Network Canada and Showcase. Davies acted for Shaw in 2010 on the purchase of these assets from CanWest Global Communications for $2 billion. The proceeds from this sale were used to finance Shaw's acquisition of WIND Mobile for $1.6 billion. Davies acted for WIND Mobile.

Government of Canada

Acted for the Government of Canada in connection with the restructuring of the Nuclear Laboratories division of Atomic Energy of Canada Limited (a federal Crown corporation), including (i) the structuring and development of a competitive procurement process for a private sector contractor that will be responsible for the management and operation of AECL's sites, facilities and assets and the performance of AECL's nuclear decommissioning and waste management responsibilities, operating under a government-owned, contractor-operated (GoCo) model, and (ii) the drafting of the principal procurement and transaction documents, including the Request for Proposal and the management and operating agreements.

Waterton Global Resource Management, Inc.

Acted for Waterton Global Resource Management, Inc. in its sale of the Getchell gold project in Nevada to Premier Gold Mines Limited for consideration of up to US$85 million.

First Quality Enterprises, Inc.

Acted as Canadian counsel to First Quality Enterprises, Inc., and its affiliates in connection with the acquisition of Fempro I Inc. and related companies.

Forest Resources LLC

Acted for Atlas Holdings LLC and Forest Resources LLC in connection with the sale of their Canadian operations, consisting of CanAmPac, Boehmer Box, and Strathcona Paper, to Rosmar Litho, a subsidiary of PaperWorks.

Waterton Global Resource Management

Acted as Canadian tax counsel to Waterton Global Resource Management in connection with the launch of its third private equity fund, Waterton Parallel Fund, with total capital commitments of US$725 million.

Article

Supreme Court of Canada to Render Treaty Shopping Decision, co-author

May 12, 2021 - IFC Review
Read the article.

Bulletin

2021 Federal Budget: Tax Highlights

Apr. 20, 2021 - The Honourable Chrystia Freeland, Canada’s Deputy Prime Minister and Minister of Finance, delivered the Liberal Party’s first federal budget (Budget 2021) in over two years and the first since the start of the global COVID-19 pandemic. As part of a recovery plan for “jobs, growth and resilience,”...

Article

Canada chapter, co-author

June 15, 2020 - The Corporate Tax Planning Law Review, 2nd ed. (The Law Reviews)
Read the chapter.

Bulletin

Estate Planning in Turbulent Times

Apr. 29, 2020 - With more than two-thirds of all Canadians self-isolating in a collective effort to flatten the COVID-19 curve of infection, estate planning is one of a number of planning considerations that are top of mind. Regardless of whether individuals already have a plan in place or have yet to commence...

Bulletin

Canadian Tax Laws: A Review of 2019 and a Look Ahead to 2020

Jan. 30, 2020 - Each year at this time we look back at some of the more significant income tax developments in Canada affecting domestic and international business over the past year and look ahead to possible Canadian tax developments in the coming year. Review of Canadian Tax Developments in 2019 Tax...

Bulletin

2019 Federal Budget: Tax Highlights

Mar. 19, 2019 - Budget 2019 is the last federal budget of the current Liberal government before the upcoming federal election in October 2019. Tax-related measures are intended to advance the government’s stated priority of creating a fair tax system. Proposals include changes to the employee stock option rules,...

Speaking Engagement

International Bar Association, The New Era of Taxation Conference, “Digital economy- legislative challenges and country-specific solutions”; Vienna, Austria; Nov. 29 & 30 2018

Nov. 29, 2018

Speaking Engagement

New York State Bar Association, 14th Annual International Estate Planning Institute, “Canada-US cross-border planning in light of US tax reform”; New York, NY; Mar. 22 & 23 2018

Mar. 22, 2018

Bulletin

2018 Federal Budget: Tax Highlights

Feb. 27, 2018 - As anticipated, today’s federal budget (Budget 2018) focuses on a few targeted areas, including the taxation of passive investments made by private corporations, and does not contain any measures in response to the enactment of tax reform in the United States or relating to the OECD BEPS...

Chambers Global: The World’s Leading Lawyers for Business—Tax

Chambers Canada: Canada’s Leading Lawyers for Business—Tax

International Tax Review’s World Tax: The Comprehensive Guide to the World’s Leading Tax Firms—General Corporate Tax

Chambers High Net Worth Guide—Private Wealth Law: Canada (Band 1)

Tax Directors Handbook—Tax

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Corporate Tax

Lexpert Special Edition: Finance and M&A

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Tax

The Canadian Legal Lexpert Directory—Corporate Tax (Most Frequently Recommended); Estate and Personal Tax Planning: Estate and Tax Planning (Most Frequently Recommended); Charities/Not-For-Profit Law

Lexpert Rising Stars: Leading Lawyers Under 40

ALM/Legal Week—Global Private Client Elite

The Best Lawyers in Canada—Tax Law; Trusts and Estates (Lawyer of the Year 2018, Toronto)

Who’s Who Legal: Canada—Corporate Tax; Private Client (Most Highly Regarded); Who’s Who Legal: Corporate Tax—Advisory; Who’s Who Legal: Private Client; Who’s Who Legal: Thought Leaders—Private Client

Bar Admissions

Ontario, 2000

Education

Canadian Institute of Chartered Accountants, In-Depth Tax Course
York University, PhD (Law), 2007
Osgoode Hall Law School, LLM (Tax Law), 2003
Osgoode Hall Law School, LLB (Gold Medallist), 1998
York University, BA (with Distinction), 1995

Professional Affiliations

American College of Trust and Estate Counsel
Canadian Tax Foundation
International Fiscal Association
Society of Trust and Estate Practitioners
The International Academy of Estate and Trust Law (TIAETL)

Community Involvement

The International Academy of Estate and Trust Law (TIAETL), council member and member of the Taxes Committee

Teaching Engagements

Elie has been an adjunct professor teaching international tax law at Osgoode Hall Law School and taxation of real estate transactions in Osgoode’s graduate program in law. He has also taught the taxation segment of the Law Society of Ontario’s Bar Admission Course.