Theo Stathakos is a litigator with a primary focus on tax disputes. He has over 10 years of experience with audits, objections, and litigation, involving a wide variety of issues, including:
- CRA requirements for information
- Capital v. income disputes
- Tax collection issues (such as section 160 assessments)
- The general anti-avoidance rule
- Statute-barred reassessments
- Deductibility of business losses
- Residence or non-residence in Canada for tax purposes
- Capital cost allowance deductions
- Resource deductions (CEE, CDE, COGPE)
- Scientific research and experimental development credits
- Gross negligence penalties
- Interest cancellation
- Interest deductibility
- Voluntary disclosures
- Goods and services tax
Theo has represented clients in the Tax Court of Canada, Federal Court of Appeal, Federal Court, Alberta Court of King’s Bench, Alberta Court of Appeal, and the British Columbia Supreme Court.
Before being called to the bar, Theo served a judicial clerkship with the Alberta Court of Appeal. Theo received his J.D. (with Distinction) from the University of Alberta in 2013. He received numerous academic awards in connection with his legal studies including the Judges’ Bronze Medal.
Prior to law school, Theo dealt with income tax and GST disputes for over 5 years as an appeals officer and auditor at the Canada Revenue Agency, completed Parts 1 and 2 of the CICA In-Depth Tax Course, and obtained the Chartered Professional Accountant designation. In 2005, he obtained a B.Comm. (Accounting) and a B.A. (Economics) from the University of Calgary.
Theo is a member of the Law Society of British Columbia, the Law Society of Alberta, the Canadian Bar Association, the Canadian Tax Foundation, the Chartered Professional Accountants of Alberta, and the Chartered Professional Accountants of Canada
Representative Work
Selected Cases:
- Monsell v. The Queen, 2019 TCC 5 – representing taxpayers who had received transfers of funds from a tax debtor; the court held that because the CRA had lost or destroyed the tax debtor’s records, the onus was on CRA to prove the validity of the assessments, and the court held that CRA failed to do so.
- Access Mortgage Corporation (2004) Limited v. Arres Capital Inc., 2018 ABQB 1034 – representing a court-appointed receiver in a dispute regarding sale proceeds allegedly subject to an equitable mortgage and allegedly assigned to parties that were related to the debtor company.
- E Construction Ltd. v. Sprague-Rosser Contracting Co. Ltd., 2017 ABQB 99 – representing a court-appointed receiver in a dispute as to whether a lien was invalid under the Builders’ Lien Act (Alberta) because it arose in connection with work performed on a public highway.
- 926 Capital Corp. v. Petro River Oil Corp., 2016 ABCA 393 – representing a commercial landlord in a dispute concerning the interpretation of the Limitations Act (Alberta).
Media Mentions
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Osler News Feb 16, 2023
Osler welcomes 10 new partners and two new counsel in 2023
Osler is proud to announce the addition of 10 new partners and two new counsel across four of our offices, effective March 1, 2023.
Read more -
Osler News Dec 6, 2022
New tax disputes publication featuring contributions by Osler lawyers now available
The Canadian Tax Foundation has just published a new book on Canadian tax disputes.
Read more
Community Involvement
- Volunteer Lawyer, Court Assistance Program, Pro Bono Law Alberta
Speaking and Writing
Published Work
- “Trials of Discrete Issues in the Tax Court: Implied Jurisdiction, Rule 58, and the Need for Clarity”, in Tax Disputes in Canada: The Path Forward (Canadian Tax Foundation, 2022), 545 (co-authored with David Jacyk)
- “Invalid Renunciations of Canadian Exploration Expenses to Non-Arm’s Length Shareholders Using the Look-Back Rule Subject to Part XII.6 Tax”, Tax Topics No. 2441-42, Wolters Kluwer Canada Limited, December 20, 2018
- “Provision of Free Legal Services to Related Professional Corporation Not a Transfer of Property Under Section 160”, Tax Topics No. 2429, Wolters Kluwer Canada Limited, September 27, 2018
- “Interest Payable on Loans from Corporate Parent Held to Be Unreasonable; In Considering Arm’s Length Interest Rate, Implicit Parental Support Needed to be Reflected”, Tax Topics No. 2420, Wolters Kluwer Canada Limited, July 26, 2018
- “Transfers Not Made with Donative Intent so as to Qualify as Charitable Gifts Under Section 118.1 of the Act”, Tax Topics No. 2416, Wolters Kluwer Canada Limited, June 28, 2018
- “Minister Ordered to Reconsider Decision to Retain Monies Inappropriately Garnished”, Tax Topics No. 2412, Wolters Kluwer Canada Limited, May 31, 2018
Credentials
Education
- University of Alberta, J.D.
- University of Calgary, B.Comm.
- University of Calgary, B.A.
Languages
- English
Professional Affiliations
- Law Society of British Columbia
- Law Society of Alberta
- Canadian Bar Association
- Canadian Tax Foundation
- Chartered Professional Accountants of Alberta
- Chartered Professional Accountants of Canada
