Patrick A. Westaway
Patrick was appointed Tax Counsel at Dale & Lessmann LLP in 2014 after having been a Partner at the Firm. He offers more than 15 years of tax experience principally acquired in the Toronto office of a national law firm and as a member of the International Corporate Tax Group of a big 4 accounting and business advisory firm. Patrick practises corporate tax planning, including structuring inbound investments (in particular in the renewable energy industry), advising on corporate reorganizations, structuring cross-border financings, providing tax opinions for public disclosure documents, objecting to tax assessments, and advising on personal tax matters, wealth preservation, and on federal and provincial sales tax matters (HST/GST/PST). Patrick also practises corporate and commercial law, emphasizing the implementation of matters related to his tax planning practice and has a niche practice serving the animation industry.
LL.B. Osgoode Hall Law School, York University
B.A. (Hons.) University of Western Ontario
Canadian Institute of Chartered Accountants In-Depth Tax Course
Professional Affiliations and Distinctions
Admitted to the Ontario Bar (Law Society of Upper Canada), 1998
Canadian Bar Association
Ontario Bar Association
Canadian Tax Foundation
Recent Presentations and Publications
- Flow-Through Shares in the Renewable Energy Sectors. May 2012.
- Structuring Non-Resident-Owned Renewable Energy Projects in Canada, April 2012.
- Structuring Entry Into the Canadian Market: A Corporate Tax Primer, November 2011.
- Canadian Taxation of Non‐Resident Employees, November 2011.
- Canada’s Federal Sales Tax—An Overview for Non‐Resident Suppliers, November 2011.
- An Inconvenient Truth About Asset Sales, Intelligent Tax & Business Law, Fall 2011.
- Taxation Issues in Acquisition Transactions –A Practical Review, delivered to the Ontario Bar Association, March 2008.
- Canadian Tax Issues Arising Upon the Foreign Acquisition of a Canadian Business, In Brief, Winter 2008.
- The Short Course on Partnerships, delivered to Osgoode Hall Professional Development, February 2008.
- Deal Structures Overview: How, Why and When You Use Partnerships and Limited Partnerships, (co-authored with Geoffrey Myers), Business Law Brief, Winter 2008.
- Partnerships, Limited Partnerships and Unlimited Liability Companies, delivered to Osgoode Hall Professional Development, April 2007.
- Taxation of Intellectual Property in a Nutshell, In Brief, Spring 2007.
- Tax Pitfalls of Granting Rights to Acquire Shares, Business Law Brief, Spring 2006.
- Income Tax Issues Affecting Foreign Corporations Entering the Canadian Market”, delivered to the annual EU-Lex conference, October 2005.
- Professional Corporations”, delivered to the Annual Conference of the Society of Urological Surgeons of Ontario (SUSO), September 2005.
- Litigating Imperial Oil—Including Foreign Exchange Losses in Deductible Discounts, Business Law Brief, Summer 2005.
- Income Tax Overview for Foreign Corporations Entering the Canadian Market, Business Law Brief, Spring 2005.
- Tax Traps of Signing a Share Purchase Agreement Prior to Closing, Business Law Brief, Winter 2005.
- Developing Wind Energy in Ontario: Financial Incentives, (co-authored with David Thring), In Brief, Spring 2005.
- Profiting from Another's Loss: How One Corporation's Losses can Benefit its Sister Corporation, Business Law Brief, Fall 2004.
Examples of Representative Transactions:
- Advising numerous non-resident investors in relation to the Canadian tax structuring applicable to the development, acquisition, and disposition of wind, solar and bioenergy projects.
- Structured the sale to a UK-resident public company of Canadian private-company shares held by: (i) a trust ostensibly resident in the Isle of Man with Canadian-resident beneficiaries; and, (ii) individuals resident in Canada.
- Structured the acquisition of manufacturing facilities in Ontario and Quebec by a U.S.-resident group of companies; advised upon GST, PST, QST, LTT and sundry income tax issues and prepared all tax filings.
- Advised on the exchange of shares in the capital of a U.S.-resident corporation for shares in the capital of a Canadian-resident corporation where substantially all of the U.S.-resident corporation’s assets consisted of shares in the capital of a wholly-owned U.S.- resident mining company.
- Drafted Information Circular disclosure respecting the amalgamation of a TSX-listed company with a NYSE-listed special purpose acquisition company.
- Advised on all Canadian tax issues arising in respect of the sale of a group of private Canadian corporations to a public non-resident multi-national; structured and implemented the tax-effective exchange and cancellation of employee stock options; prepared section 116 applications for all non-resident vendors.
- Advised upon and oversaw the reorganization of family holding companies and trusts to effect payment of a $2.4m settlement on a non-taxable basis.
- Advised on the application of GST to a U.S.-resident corporation in respect of the importation of electricity into Ontario.