Elie Roth

Partner

Elie Roth

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.

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.

Mobile Content:

Apotex Pharmaceutical Holdings Inc.

Acted as lead transaction and tax counsel to Apotex Pharmaceutical Holdings Inc., a global pharmaceutical company that produces high-quality affordable medicine, in its sale to SK Capital Partners.

Mobile Content:

Estate Trustees of Barry Sherman and Honey Sherman

Acted as counsel to Estate Trustees of Barry and Honey Sherman in proceedings against the Toronto Star involving a request to unseal court files concerning the Shermans’ Estates. The precedent-setting decision by the Supreme Court of Canada in this case created new and important law concerning privacy and court openness.

Mobile Content:

SmartREIT

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.

Mobile Content:

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.

Mobile Content:

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.

Mobile Content:

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.

Mobile Content:

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.

Article
Mobile Content:

New Canadian real estate rules regarding non-resident ownership, co-author

May 01, 2023 - Financier Worldwide, ExpertBriefing
Read the article.

Article
Mobile Content:

Canada’s Budget Plan Hides Capital Gains, Stock Options Tax Hike, co-author

Apr. 28, 2023 - Bloomberg Tax, Daily Tax Report: International
Read the article.

Bulletin
Mobile Content:

Federal Budget 2023 – Major Changes for Business and High Net Worth Individuals

Mar. 28, 2023 - On March 28, 2023 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2023). Budget 2023 does not change the corporate and personal tax rates under the Income Tax Act (Act). Instead...

Article
Mobile Content:

Equitable Remedies in Tax Matters: The Elusive Search for Relief, co-author

Dec. 06, 2022 - Tax Disputes in Canada: The Path Forward (Canadian Tax Foundation)
Available for purchase.

Bulletin
Mobile Content:

Federal Budget 2022: Tax Highlights

Apr. 08, 2022 - On April 7, 2022 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2022), the second budget since the start of the COVID-19 pandemic. As part of the Trudeau government’s plan to “grow our...

Article
Mobile Content:

Canadian Supreme Court Endorses Treaty Shopping Arrangement, co-author

Mar. 09, 2022 - IFC Review
Read the article.

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)

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...

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 (Highly Regarded)

Mobile Content:

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

Mobile Content:

The Legal 500 Canada—Tax (Leading Individual)

Mobile Content:

Tax Directors Handbook—Tax

Mobile Content:

Lexpert Special Edition: Finance and M&A

Mobile Content:

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

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); Charities/Not-For-Profit Law; Estate and Personal Tax Planning: Estate and Tax Planning (Most Frequently Recommended); Litigation: Corporate Tax

Mobile Content:

Lexpert Rising Stars: Leading Lawyers Under 40

Mobile Content:

ALM/Legal Week — Private Client Global Elite Directory

Mobile Content:

The Best Lawyers in Canada—Tax Law; Trusts and Estates (Lawyer of the Year 2018 and 2023, Toronto)

Mobile Content:

Who’s Who Legal: Canada—Corporate Tax; Private Client; Who’s Who Legal: Corporate Tax—Advisory; Who’s Who Legal: Private Client; Who’s Who Legal: Thought Leaders—Private Client

Mobile Content:

Expert Guides—Tax

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.

Apotex Pharmaceutical Holdings Inc.

Acted as lead transaction and tax counsel to Apotex Pharmaceutical Holdings Inc., a global pharmaceutical company that produces high-quality affordable medicine, in its sale to SK Capital Partners.

Estate Trustees of Barry Sherman and Honey Sherman

Acted as counsel to Estate Trustees of Barry and Honey Sherman in proceedings against the Toronto Star involving a request to unseal court files concerning the Shermans’ Estates. The precedent-setting decision by the Supreme Court of Canada in this case created new and important law concerning privacy and court openness.

SmartREIT

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.

Article

New Canadian real estate rules regarding non-resident ownership, co-author

May 01, 2023 - Financier Worldwide, ExpertBriefing
Read the article.

Article

Canada’s Budget Plan Hides Capital Gains, Stock Options Tax Hike, co-author

Apr. 28, 2023 - Bloomberg Tax, Daily Tax Report: International
Read the article.

Article

Equitable Remedies in Tax Matters: The Elusive Search for Relief, co-author

Dec. 06, 2022 - Tax Disputes in Canada: The Path Forward (Canadian Tax Foundation)
Available for purchase.

Bulletin

Federal Budget 2022: Tax Highlights

Apr. 08, 2022 - On April 7, 2022 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2022), the second budget since the start of the COVID-19 pandemic. As part of the Trudeau government’s plan to “grow our...

Article

Canadian Supreme Court Endorses Treaty Shopping Arrangement, co-author

Mar. 09, 2022 - IFC Review
Read the article.

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)

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...

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 (Highly Regarded)

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

The Legal 500 Canada—Tax (Leading Individual)

Tax Directors Handbook—Tax

Lexpert Special Edition: Finance and M&A

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

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

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

Lexpert Rising Stars: Leading Lawyers Under 40

ALM/Legal Week — Private Client Global Elite Directory

The Best Lawyers in Canada—Tax Law; Trusts and Estates (Lawyer of the Year 2018 and 2023, Toronto)

Who’s Who Legal: Canada—Corporate Tax; Private Client; Who’s Who Legal: Corporate Tax—Advisory; Who’s Who Legal: Private Client; Who’s Who Legal: Thought Leaders—Private Client

Expert Guides—Tax

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.