Insight

Monica Biringer and Firoz Ahmed on Canada's Changing Tax Practice

The attorneys from Canada's 2019 "Law Firm of the Year" winning Osler, Hoskin & Harcourt look at their achievements over the past year.

Osler, Hoskin & Harcourt Interview
Best Lawyers

Best Lawyers

November 30, 2018 12:51 PM

In an interview with Best Lawyers CEO Phillip Greer, Monica Biringer and Firoz Ahmed of Osler, Hoskin & Harcourt discuss what drew them to tax law, how Canadian policies might be shaping the field, and the ways technology is changing their practice.

How did you both decide to focus on Tax Law?

Monica Biringer: I have an undergraduate background in math and English. Although that sounds like a strange combination, tax law relies on both those fields, because it involves mathematical concepts and the use of language. Looking back, my decision to go into tax law makes sense, although I wouldn’t have expected it at the time. It’s proven to be a very interesting and dynamic practice area.

Firoz Ahmed: After receiving my Bachelor of Commerce, I attended law school at Queens University in Kingston, where I happened to take a tax law course. I was mathematically inclined as well and thought I might enjoy the practice. I came to Osler's, and I was fortunately correct. Osler's was a leading tax partner back in 1984, and that reputation attracted me.

Concerning the firm, what achievements are you most proud of from this past year?

Monica Biringer: We’re the biggest tax department in a law firm in Canada by a wide margin, but the size itself isn’t what makes me the proudest. What makes me most proud about our firm is the depth and breadth of our practice areas. We have an enormous amount of talent in the tax planning area and that has been true ever since the day that Firoz Ahmed and I joined this firm more than 30 years ago. The other area where we dominate the market is tax disputes or tax litigation. I believe we are the only firm that has such a range of talent in both of those areas. We also have a good number of people that practice in the indirect taxes area. That's a much smaller part of our practice, but it's still an important part.

What other cases have you both handled that really stand out?

Monica Biringer: Two cases that our firm handled stand out, both of which went to the Supreme Court of Canada. One was called Canada TrustCo, which was the first case under the general anti-avoidance rule to reach the Supreme Court of Canada. That was in 2005. The other case was in 2012 and involved Glaxo. This was the first transfer pricing case to reach the Supreme Court of Canada. Those two cases reflect our dominance in both tax disputes and transfer pricing, which are the fastest growing areas in the Canadian tax market.

Firoz Ahmed: I would add the transaction where British American Tobacco acquired 100 percent of the Canadian public company Imasco. Imasco was a tobacco business, but it also owned Canada Trust and Shoppers Drug Mart. It was a complicated transaction where BAT bought Imasco and, in order to pay for it, it flipped Canada Trust to the Toronto Dominion Bank more or less on the same day and later sold Shoppers Inc. It was an incredibly difficult transaction to implement, both from a technical perspective and a timing perspective. Shoppers Drug Mart later became a very, very significant public company, as did the Toronto Dominion Bank. That was truly a landmark deal.

Are there any significant trends you have witnessed in tax law or the tax law sector in the past year?

Monica Biringer: The phenomenon in Canada echoes what is going on around the world. The Canadian government has dedicated hundreds of millions of dollars to hire additional auditors and specialists to combat what they think of as aggressive tax planning and tax avoidance, and they're quite public about their intention to generate billions of dollars of increased revenues for the government. Similarly, the media scrutiny of corporate tax practice is on the rise. We're seeing an increasing number of audits by the CRA, taking aggressive positions both in the avoidance realm and under transfer pricing rules. As a result, there's a continuing and increased demand on tax litigation and tax dispute expertise. Because of the depth of our tax litigation expertise, and our broad range of experts in various aspects of tax law, we're very well positioned to address that trend.

Are there any important policy changes that are happening locally or even globally that are impacting your firm's work in tax law?

Firoz Ahmed: For one, there was the BEPS project, where they were concerned that tax agents were being used to avoid or very maturely reduce the tax that was payable with what government authorities believed was the actual income earning activity. Certainly, aside from transfer pricing, the starting point that will soon come down the road is treaty shock. I think it's affecting the way we're planning today, and I think we've already seen treaty shock in cases that have come through the court system.

The other issues, I believe, are tax rate changes in various countries including the U.S. Fair cuts on tax rates will certainly increase pressure on people, especially from a non-tax perspective where people carry on their operations to try to get the best tax result. As far as Canadian tax policy goes, it's a bunch of anti-avoidance rules that are aimed at closing loopholes or perceived loopholes with rules that are generally too broadly drafted. It really is a bit of a planner's nightmare—not so much of a focus of the rules, but the broad definitions that seem to apply in all aspects of your practice, whether you think they're meant to apply or not.

What ways have changes in technology impacted your firm's work?

Monica Biringer: At the firm level, we have a group called Osler Works, which is a transactional group that deals with delivering practical, cost-effective legal services. There are are many different aspects of that practice in the firm. One goal for the tax litigation practice is to deliver work product to clients in an efficient way that takes advantage of the considerable experience and expertise in our tax disputes practice. This includes a standardized approach to tax litigation documents, discoveries, motions, settlement agreements, to the extent possible.

The other area which has been developed significantly over the past couple of years is on the cost side and reporting to clients. We have a very strong group that delivers pricing estimates to our clients and then follows up with cost control tracking and progress reporting.

Overall, I would describe the impact of technology as having two aspects: one is the efficiency of delivering legal services and the other is the pricing and cost control side.

Related Articles

Paying the Price in P.R.


by Best Lawyers

Isis Carballo-Irigoyen discusses discuss intergovernmental relations, opportunity zones, and why a move to Puerto Rico to ease your tax burden likely won’t be as simple as you might think.

An Interview With McConnell Valdés

An Interview With Egorov Puginsky Afanasiev & Partners


by Best Lawyers

Russia's 2020 "Law Firm of the Year" in Arbitration & Mediation Law

An Interview With Egorov Puginsky Afanasiev

An Interview With Bryan Cave Leighton Paisner


by Best Lawyers

Russia’s 2020 “Law Firm of the Year” honoree for Real Estate Law

Bryan Cave Leighton Paisner–LFOTY

Baraona Fischer & Cia on the Changes Coming to Tax Law in Chile


by Best Lawyers

Juan Manuel Baraona of the 2019 "Law Firm of the Year" award-winner for Tax Law in Chile discusses forthcoming regulations, career highlights, and his secrets to success in an interview with Best Lawyers CEO Phillip Greer.

Baraona Fischer & Cia LFOTY

Lecher Pays


by Ann E. Evanko and Katherine L. Wood

Can social change be sped up via legislation? A key provision of the recent tax-law overhaul, clearly written with #MeToo in mind, suggests it can.

Social Change Amid #MeToo

Opening Pandora's Box in Portuguese Tax Law


by Best Lawyers

Diogo Ortigão Ramos discusses Cuatrecasas' 2019 "Law Firm of the Year" award for tax law in Portugal.

Cuatrecasas Law Firm of the Year Interview

An Interview With Serhiy V. Piontkovsky of Baker McKenzie


by Best Lawyers

The head of Baker McKenzie's Real Estate practice group in Ukraine discusses the firm's standout attorneys.

Baker McKenzie Wins Law Firm of the Year

What Spain’s Proposed ‘Google Tax’ Means for its New Economy


by Mariano Roca López

How the Spanish Stability Program is tapping new sources of tax revenue.

Will Spain Pass the 'Google Tax?'

A Master in Defending the Accused


by Best Lawyers

The relentless pursuit of justice when everything is on the line.

Patrick A. Mullin

Tax Saving Opportunities under Puerto Rico Incentives


by Alexis R. González-Pagani

Puerto Rico offers a variety of attractive incentives packages that cover multiple industry sectors.

Tax Saving Opportunities

Q&A with Konstantin Mikhel at Vlasova Mikhel & Partners


by Best Lawyers

A Q&A with Konstantin Mikhel of Vlasova Mikhel & Partners about his experiences and the legal field in Belarus.

Konstantin Mikhel

Recent Case Law on Cross-Border Reorganizations


by Marie-Hélène Raffin

The Euro Park decision is bound to facilitate the application of the French favorable tax regime to cross border mergers and spin-offs.

Cross-Border Reorganizations

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call