tag:blogger.com,1999:blog-7916767120530431852.post2213864782287413049..comments2024-03-23T13:03:48.917-04:00Comments on Labour Pains: Why Employers Cannot Deduct Tax Obligations from Wrongful Dismissal Settlements Sean Bawdenhttp://www.blogger.com/profile/12478582658843470140noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7916767120530431852.post-23691672738057293352016-01-09T10:46:58.285-05:002016-01-09T10:46:58.285-05:00This point was actually argued by the employer. In...This point was actually argued by the employer. In response the court said the following:<br /><br />[25] I find the submissions with respect to the T1213 Form to be a red herring. McCarthy’s realisation of its tax obligations, post-settlement, did not permit it to unilaterally alter the text and intention of the Minutes. I take the same view with respect to the argument that Kurnik had an alternative method to recoup the deducted funds.Sean Bawdenhttps://www.blogger.com/profile/12478582658843470140noreply@blogger.comtag:blogger.com,1999:blog-7916767120530431852.post-36437261220000464092016-01-09T10:31:13.662-05:002016-01-09T10:31:13.662-05:00On the legal fees issue, the employee may not have...On the legal fees issue, the employee may not have needed to litigate this to recover the deducted taxes. A deduction can be claimed on the employee's tax return at the end of the year for legal fees paid to recover employment income whether or not the money was directly paid to the lawyer. http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns206-236/229/slry/fs-eng.htmlAnonymoushttps://www.blogger.com/profile/05827579667917445553noreply@blogger.com