Lawyer Profile Detail



Nigel P.J. Johnston

TITLE

Partner

AREA OF EXPERTISE

Tax
Tax Planning

OFFICE

Toronto

DIRECT LINE

416-601-7923

E-MAIL

njohnston@mccarthy.ca

V-CARD

LAW SCHOOL

Osgoode Hall Law School

BAR ADMISSION

Ontario, 1984




Biography

Nigel Johnston is a partner in our Tax Group in Toronto. His practice focuses on corporate income tax issues, resource taxation (including renewable energy), providing tax advice to the investment funds industry and the creation of new financial products. He has advised numerous clients with respect to investments in offshore investment funds.

Mr. Johnston’s recent public transactions include:

  • acting for the issuers and agents in initial public offerings of numerous TSX-listed closed-end funds including U.S. Housing Recovery Fund, Yield Advantage Convertible Debenture Fund, Star Yield Managers Class and Build America Investment Grade Bond Fund;
  • acting for Creststreet 2010 Flow-Through Limited Partnership, the first limited partnership formed to stream tax deductions to Québec resident investors and to residents in other provinces, and for the issuers and agents in respect of numerous other flow-through share offerings;
  • acting for Oxford Properties Group in its acquisition of the Metro Toronto Convention Centre from the Canada Lands Company;
  • acting for the majority shareholder of SkyPower Limited with respect to a $185 million purchase and international joint venture agreement with Canadian Solar Inc.; and
  • acting for Creststreet Power & Income Fund LP, the first public limited partnership established to develop two wind energy projects that involved an initial flow-through limited partnership offering to finance the “test wind turbine” phase of two wind farms by flowing out tax deductions to investors, a convertible debenture offering, a project financing, a subsequent equity offering and ultimately the sale of the projects and distribution of proceeds to investors.

Mr. Johnston appears in the 2014 Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, as a leading lawyer in the area of investment funds and asset management and in the area of corporate tax. He also appears in the 2014 edition of Chambers Global: Guide to the World’s Leading Lawyers for Business, as a leading lawyer in the area of tax, and in Lexpert’s 2006 US Guide to Canada’s Top 100 Industry Specialists. Mr. Johnston is listed as one of The Best Lawyers in Canada in the field of tax law for 2012. He is a member of the Industry Regulation and Taxation Committee of the Portfolio Management Association of Canada and the Taxation Working Group of the Investment Funds Institute of Canada. He was a member of the “Informal Consultative Group on the Taxation of Collective Investment Vehicles” and of the “Pilot Group on Improving Procedures for Cross-Border Tax Claims” organized by the OECD’s Centre for Tax Policy and Administration. He is a member of the editorial board of the Canada Tax Service (Carswell). He was formerly a technical adviser to the CBA-CICA Joint Committee on taxation and has spoken and written widely on income tax matters.

Mr. Johnston received his BA (magna cum laude) in 1979 from Queen’s University and his LLB in 1982 from the Osgoode Hall Law School. He was called to the Ontario bar in 1984.

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McCarthy Tétrault delivers integrated business law, tax, real property, labour and employment, and litigation services nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City and London, UK.
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