Brian Nichols smiling in a suit
Brian Nichols
Relevant Practices
Year of Call
Ontario, 1976

Brian Nichols

Counsel

Clients rely on Brian to breakdown the technical aspects of tax law and bring solutions to their complex problems.

Useful Links

Brian Nichols is chair of our Tax group. Prior to joining GSNH, Brian was a founding partner of a boutique commercial firm after practicing at two leading national law firms.

He represents clients on issues relating to income tax disputes; tax and estate planning; family business succession; shareholder agreements and disputes; amalgamations and other corporate reorganizations; the purchase and sale of corporations or their businesses; and employee buyouts. Brian is experienced in dealing with both the tax and commercial aspects of these issues.

Brian’s wealth of experience contributes to his success with Lawyers’ Professional Indemnity Company (the lawyers’ insurer). They frequently retain Brian to act on behalf of other lawyers who are alleged to have been negligent in the provision of tax related services.

Brian published a paper in which he criticized a legal tax standard that had developed through a series of court decisions. The Supreme Court of Canada considered this legal standard in Stewart v. The Queen, referred to Brian’s paper, and changed the test in the manner that Brian recommended.

Industry Experience

  • Brian guides professional advisors, especially accountants, serving high net worth clients dealing with current, relevant, and real-life tax situations
  • Mid size corporations to the family business owner/manager including tax aspects of corporate finance, corporate reorganizations, mergers and acquisitions, as well as comprehensive succession planning – in all industry sectors
  • Lawyer’s Professional indemnity Company – Counsel to lawyers’ insurance company
Relevant Practices
Tax
Year of Call
Ontario, 1976

Representative Legal Matters

  • Routinely represents clients with tax issues in amounts ranging from hundreds of thousands to tens of millions of dollars
  • One of the leading lawyers in Ontario in resolving tax issues by obtaining court orders (binding on the CRA) that correct the provisions of trusts, articles of incorporation, contracts, and other legal documents effective as of the original dates of those documents
  • Provides expert opinions on tax issues
  • Plans and implements family business succession and estate freezes
  • Resolves shareholder disputes, including disputes among family members, without resorting to litigation

Publications, Presentation & Media Highlights

Wolters Kluwer – Tax Topics

  • “Deans Knight Intersects Bill C-208: The Meaning of Control and Implications for Intergenerational Transfers”, co-authored with Kelsey Horning (August 2021)
  • “When Parliamentarians Tinker – Bill C-208”, co-authored with Kelsey Horning (July 2021)
  • “Supporting a Disabled Child Through Rollovers of Registered Plans”, co-authored with Kelsey Horning (May 2021)
  • “Where can you go when the CRA Says No?”, co-authored with Kelsey Horning (March 2021)
  • “Shift in CRA Position on Circularity Between Subsection 164(6) and Subsections 40(3.6) to (3.61)”, co-authored with Kelsey Horning (January 2021)
  • “Mandel v. 1909975 Ontario Inc.: Tax Planning for 21st Anniversary of a Trust Goes Awry”, co-authored with Kelsey Horning (November 2020)
  • “Non-Resident Beneficiaries, Pipelines, and Section 212.1”, co-authored with Kelsey Horning (September 2020)

STEP Inside Magazine

  • “Alter Ego Trusts and Joint Spousal Trusts: Beware of the Traps”, co-authored with Kelsey Horning (October/November 2020)
  • CRA Review on Joint Spousal Trusts and Life Insurance”, co-authored with Kelsey Horning (November 2020)
  • “Leveraged Insurance Annuities and the CRA”, co-authored with Kelsey Horning (January 2021)

Canadian Tax Foundation

  • “Current Tax Cases Part II” 2010 Ontario Tax Conference (2010) 2B: 1-14
  • “GAAR and More”, 2002 Ontario Tax Conference­ (2002), 1: 1-42
  • “Third Party Penalties”, 2000 Ontario Tax Conference (2000), 3: 1-59
  • “Civil Penalties for Third Parties”, 1999 Ontario Tax Conference (1999), 1: -79
  • “Income Splitting”, 1997 Ontario Tax Conference (1997), 2: 1-65
  •  “Chants and Ritual Incantations – Rethinking the Reasonable Expectation of Profit Test”, Report of the Proceedings of the 48th Tax Conference, 1996 Tax Conference (1997), 28: 1-48
  • “Update of Shareholder and Employee Benefits” and “Corporate Law Matters of Interest to the Practitioners”, 1993 Ontario Tax Conference (1993), 2A: 1-33 and 2B: 1-31
  • “Creditor Proofing and Family Law Issues”, 1991 Ontario Tax Conference (1991), 11: 1-68

CCH Canadian Limited

  • “Estate Planning in the 21st Century” a series of articles co-authored with Michael Atlas and David Louis.  Published in Tax Topics from 2002 to 2004
  • “Wake Up Call: the CCRA’s Views on the Civil Penalties – Part 1”, Tax Topics 1491 co-authored with David Louis
  • “Civil Penalties for Tax Advisors – The Nightmare Continues”   Tax Topics No. 1457 (Toronto: CCH Canadian, February 10, 2000), 1-3 co-authored with David Louis
  • “Beyond the Accountant’s Fine Part II:  The Tax Law from Hell” Tax Topics no 1438 (Toronto: CCH Canadian Limited) co-authored with David Louis
  • “Beyond the Accountant’s Fine” Tax Topics no, 1437 (Toronto CCH Canadian, September 23, 1999), 1-5 co-authored with David Louis

Canadian Bar Association

  • “Current Income Tax Issues for Real Estate Lawyers”, 1998 Institute of Continuing Legal Education

Carswell Thomson Professional Publishing

  • Editor of LEGALeeze newsletter, published ten times per year, dealing with current legal issues of interest to accountants (1996-1997)

Hume Publishing Limited

  • Special Contributor, “Compensation Strategies for the Canadian Executive”, (Toronto: Hume Publishing Limited, 1981)

Canadian Bar Association

  • Presentation on Rectification in September 2011

Canada Revenue Agency

  • Toronto West CRA and the Tax Practitioners Group presentations to tax practitioners over many years including presentations relating to current cases between February 12, 2003 and May 28, 2008

Canadian Institute of Chartered Accountants

  • “Tax Smarts” course; presented Tax Smarts course (co-authored with Alan Vale) across Canada in 1986 and 1987
  • Lectured at various professional development CICA courses
  • Presentation on Rectification at CICA National Conference on Income Taxes

Professional Associations & Memberships

  • Ontario Bar Association
  • Canadian Bar Association
  • Canadian Tax Foundation
  • Society of Trust and Estate Practitioners
  • Estate Planning Council Toronto

Community Involvement

Education

  • 1974 – University of Toronto (J.D.)
  • 1971 – University of Toronto (B.Sc.)

Other

Personal Interests

Brian enjoys travelling the world, cruising and playing duplicate bridge.

  • Routinely represents clients with tax issues in amounts ranging from hundreds of thousands to tens of millions of dollars
  • One of the leading lawyers in Ontario in resolving tax issues by obtaining court orders (binding on the CRA) that correct the provisions of trusts, articles of incorporation, contracts, and other legal documents effective as of the original dates of those documents
  • Provides expert opinions on tax issues
  • Plans and implements family business succession and estate freezes
  • Resolves shareholder disputes, including disputes among family members, without resorting to litigation

Wolters Kluwer – Tax Topics

  • “Deans Knight Intersects Bill C-208: The Meaning of Control and Implications for Intergenerational Transfers”, co-authored with Kelsey Horning (August 2021)
  • “When Parliamentarians Tinker – Bill C-208”, co-authored with Kelsey Horning (July 2021)
  • “Supporting a Disabled Child Through Rollovers of Registered Plans”, co-authored with Kelsey Horning (May 2021)
  • “Where can you go when the CRA Says No?”, co-authored with Kelsey Horning (March 2021)
  • “Shift in CRA Position on Circularity Between Subsection 164(6) and Subsections 40(3.6) to (3.61)”, co-authored with Kelsey Horning (January 2021)
  • “Mandel v. 1909975 Ontario Inc.: Tax Planning for 21st Anniversary of a Trust Goes Awry”, co-authored with Kelsey Horning (November 2020)
  • “Non-Resident Beneficiaries, Pipelines, and Section 212.1”, co-authored with Kelsey Horning (September 2020)

STEP Inside Magazine

  • “Alter Ego Trusts and Joint Spousal Trusts: Beware of the Traps”, co-authored with Kelsey Horning (October/November 2020)
  • CRA Review on Joint Spousal Trusts and Life Insurance”, co-authored with Kelsey Horning (November 2020)
  • “Leveraged Insurance Annuities and the CRA”, co-authored with Kelsey Horning (January 2021)

Canadian Tax Foundation

  • “Current Tax Cases Part II” 2010 Ontario Tax Conference (2010) 2B: 1-14
  • “GAAR and More”, 2002 Ontario Tax Conference­ (2002), 1: 1-42
  • “Third Party Penalties”, 2000 Ontario Tax Conference (2000), 3: 1-59
  • “Civil Penalties for Third Parties”, 1999 Ontario Tax Conference (1999), 1: -79
  • “Income Splitting”, 1997 Ontario Tax Conference (1997), 2: 1-65
  •  “Chants and Ritual Incantations – Rethinking the Reasonable Expectation of Profit Test”, Report of the Proceedings of the 48th Tax Conference, 1996 Tax Conference (1997), 28: 1-48
  • “Update of Shareholder and Employee Benefits” and “Corporate Law Matters of Interest to the Practitioners”, 1993 Ontario Tax Conference (1993), 2A: 1-33 and 2B: 1-31
  • “Creditor Proofing and Family Law Issues”, 1991 Ontario Tax Conference (1991), 11: 1-68

CCH Canadian Limited

  • “Estate Planning in the 21st Century” a series of articles co-authored with Michael Atlas and David Louis.  Published in Tax Topics from 2002 to 2004
  • “Wake Up Call: the CCRA’s Views on the Civil Penalties – Part 1”, Tax Topics 1491 co-authored with David Louis
  • “Civil Penalties for Tax Advisors – The Nightmare Continues”   Tax Topics No. 1457 (Toronto: CCH Canadian, February 10, 2000), 1-3 co-authored with David Louis
  • “Beyond the Accountant’s Fine Part II:  The Tax Law from Hell” Tax Topics no 1438 (Toronto: CCH Canadian Limited) co-authored with David Louis
  • “Beyond the Accountant’s Fine” Tax Topics no, 1437 (Toronto CCH Canadian, September 23, 1999), 1-5 co-authored with David Louis

Canadian Bar Association

  • “Current Income Tax Issues for Real Estate Lawyers”, 1998 Institute of Continuing Legal Education

Carswell Thomson Professional Publishing

  • Editor of LEGALeeze newsletter, published ten times per year, dealing with current legal issues of interest to accountants (1996-1997)

Hume Publishing Limited

  • Special Contributor, “Compensation Strategies for the Canadian Executive”, (Toronto: Hume Publishing Limited, 1981)

Canadian Bar Association

  • Presentation on Rectification in September 2011

Canada Revenue Agency

  • Toronto West CRA and the Tax Practitioners Group presentations to tax practitioners over many years including presentations relating to current cases between February 12, 2003 and May 28, 2008

Canadian Institute of Chartered Accountants

  • “Tax Smarts” course; presented Tax Smarts course (co-authored with Alan Vale) across Canada in 1986 and 1987
  • Lectured at various professional development CICA courses
  • Presentation on Rectification at CICA National Conference on Income Taxes
  • Ontario Bar Association
  • Canadian Bar Association
  • Canadian Tax Foundation
  • Society of Trust and Estate Practitioners
  • Estate Planning Council Toronto
  • 1974 – University of Toronto (J.D.)
  • 1971 – University of Toronto (B.Sc.)

Personal Interests

Brian enjoys travelling the world, cruising and playing duplicate bridge.

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