Michael D. Templeton 

Co-Chair, Aboriginal Tax Group, Tax Litigation and Advocacy
Toronto  t: 416.865.7837  |  e: michael.templeton@mcmillan.ca

Michael D. Templeton

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7837
e: michael.templeton@mcmillan.ca

overview

Michael Templeton is a partner of McMillan in the firm's Tax Group and the Co-Chair of the Aboriginal Tax Group. Michael's practice covers all areas of income taxation, with particular emphasis on business acquisitions, aboriginal taxation and public private partnerships.

Over the past few years he has been involved in designing and implementing innovative tax advantaged structures for the financing of facilities and equipment, including partnerships for the acquisition and operation of public and private facilities including renewable power projects. He designed and implemented the structure used by the Moose Cree First Nation to acquire and finance the partnership interest in the Lower Mattagami hydro electric plant reconstruction completed by the Moose Cree with OPG. Currently Michael is advising a number of First Nation clients regarding the tax and financing issues arising from the participation in substantial development projects. He also structured the transaction approved by the Supreme Court of Canada in the Canada Trustco case. He has appeared as counsel before the Tax Court of Canada, Federal Court of Appeal and the Supreme Court of Canada on taxation issues in more than 50 appeals.

He is a co-editor of the Current Cases feature of the Canadian Tax Journal and an instructor at the Canadian Bar Association "Tax Law for Lawyers" course. Before joining McMillan in 1987, Michael worked for the Department of Justice as counsel to the Canada Revenue Agency.

Presentations

The Future of Business Taxation in Canada: An Insider's Perspective

Publications

Budget 2016: Small Business Gets Smaller
Budget 2015 – "Surplus Stripping" Anti-Avoidance Rule Amended
Budget 2014: Thin Cap and Withholding Tax Rules Get Tougher
Budget 2013: further restrictions on loss trading
Budget 2011: Partnership deferral benefits eliminated
Budget 2011: Accelerated capital cost allowance for the M&P and clean energy sectors
Budget 2010: Expansion of Specified Leasing Property Rules
Budget 2010: Finance Tinkers with Trust Conversion Rules to Prevent Loss Trading, but Preserve Access to Existing Losses
Prescribing legal remedies in a hospital setting
New Protocol to the Canada-US Tax Treaty: Binding Arbitration
New Protocol to Canada-U.S. Tax Treaty – Elimination of Withholding Tax on Interest and Other Changes
No Representations Required? An Interpretation of the Tax Shelter Rules
Introduction to Tax Attributes
Tax-Based Finance Clarified
The Earth is Not Flat
What's a Partnership Without a View to Profit
Contingency: Accounting or Legal Concept
A Pre-GAAR Tax Avoidance Quilt
No Shelter Here: The April 26, 1995 Draft Legislation Restricts Tax Shelters and Loss Utilization
Loan Made to Shareholder-Employee Qua Employee Liable to Tax Under Subsection 15(2)
Common Sense and Replacement Property
Statute Barred Reassessments: Windfall for Her Majesty
Indirect Benefits and Tax Avoidance
Subsection 20(14) and the Allocation of Interest – Buyers Beware
What is Taxed: Income General Rules, Income Taxation in Canada

News

60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
McMillan wins three Zenith Pro Bono Awards

Education

  • University of Windsor, LLB - 1980
  • Queen's University, BA - 1977

Year Of Call

  • Called to the Ontario bar - 1982

Practices

tax litigation and advocacy
tax
supreme court
aboriginal law

Directorships and Professional Associations

  • Canadian Bar Association
  • Canadian Tax Foundation

Teaching Engagements

  • Instructor, Canadian Bar Association "Tax Law for Lawyers"

Awards & Rankings

  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Indigenous Law
  • Recognized in the Canadian Legal Lexpert Directory 2016 as a leading lawyer in the area of Asset Equipment Finance/Leasing
  • Recognized in the Canadian Legal Lexpert Directory 2016 as a leading lawyer in the area of Asset-Equity Finance
vcard

Michael Templeton is a partner of McMillan in the firm's Tax Group and the Co-Chair of the Aboriginal Tax Group. Michael's practice covers all areas of income taxation, with particular emphasis on business acquisitions, aboriginal taxation and public private partnerships.

Over the past few years he has been involved in designing and implementing innovative tax advantaged structures for the financing of facilities and equipment, including partnerships for the acquisition and operation of public and private facilities including renewable power projects. He designed and implemented the structure used by the Moose Cree First Nation to acquire and finance the partnership interest in the Lower Mattagami hydro electric plant reconstruction completed by the Moose Cree with OPG. Currently Michael is advising a number of First Nation clients regarding the tax and financing issues arising from the participation in substantial development projects. He also structured the transaction approved by the Supreme Court of Canada in the Canada Trustco case. He has appeared as counsel before the Tax Court of Canada, Federal Court of Appeal and the Supreme Court of Canada on taxation issues in more than 50 appeals.

He is a co-editor of the Current Cases feature of the Canadian Tax Journal and an instructor at the Canadian Bar Association "Tax Law for Lawyers" course. Before joining McMillan in 1987, Michael worked for the Department of Justice as counsel to the Canada Revenue Agency.

August 2009
Prescribing legal remedies in a hospital setting
Printed with permission from Pro Bono Law Ontario.
2007
No Representations Required? An Interpretation of the Tax Shelter Rules
(2007) Canadian Tax Journal, 130
2007
Introduction to Tax Attributes
Canadian Bar Association 2007
April 2006
Tax-Based Finance Clarified
Legal Issues - Canadian Treasurer
2003
The Earth is Not Flat
(2003) Canadian Tax Journal, 720
2000
What's a Partnership Without a View to Profit
(2000) Canadian Tax Journal, 1252
1999
Contingency: Accounting or Legal Concept
(1999) Canadian Tax Journal, 968
1995
A Pre-GAAR Tax Avoidance Quilt
(1995) Canada Tax Journal, 2128
1995
No Shelter Here: The April 26, 1995 Draft Legislation Restricts Tax Shelters and Loss Utilization
Corporation Management Tax Conference, 1995 Canadian Tax Foundation
1994
Loan Made to Shareholder-Employee Qua Employee Liable to Tax Under Subsection 15(2)
(1994) Canadian Tax Journal 201
1993
Common Sense and Replacement Property
(1993) Canadian Tax Journal, 125
1992
Statute Barred Reassessments: Windfall for Her Majesty
(1992) Canadian Tax Journal 168
1991
Indirect Benefits and Tax Avoidance
(1991) Canadian Tax Journal, 1319
1990
Subsection 20(14) and the Allocation of Interest – Buyers Beware
(1990) Canadian Tax Journal, 85
August 1990
What is Taxed: Income General Rules, Income Taxation in Canada
Prentice Hall, 16,543

April 2014
The Future of Business Taxation in Canada: An Insider's Perspective
Canadian Corporate Counsel Association