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David Malach

Partner* Admitted to the Ontario Bar: 1981 (Gold Medalist)
*Practising as a professional corporation

David cares deeply about his clients and helping them navigate challenging and stressful tax situations. With over three decades of experience, he is adept at devising innovative corporate and litigation solutions for his clients’ tax needs. An effective communicator, with both the CRA and his clients, David is adept at explaining complex tax scenarios.

David is a senior member of the firm’s Tax Group and Co-Chair of the Tax Litigation Group, and is well-known in the tax litigation, corporate reorganization and estate planning areas. His tax litigation practice includes acting for corporations and individuals at the audit stage, negotiating with the Canada Revenue Agency, making representations at the Notice of Objection or Appeals level and appearing for clients at the Tax Court of Canada, Federal Court of Appeal and the Supreme Court of Canada.

David’s corporate tax practice includes both domestic and international tax planning for clients ranging from large multinational public corporations to small privately-owned Canadian corporations. His personal tax planning practice includes working for owner-managers and high net worth individuals by planning to reduce taxes through income splitting, corporate reorganizations, and other tax strategies.

David has been a leading voice in explaining the practical effects of the changes to the Income Tax Act, with respect to the new tax on split income (“TOSI”) rules. 

From 2002 to 2006, David served as the firm’s Managing Partner and is a long-standing member of the Executive Committee.

Awards & Recognition

  • Received the Martindale-Hubbell Distinguished Peer Review Rating for high professional achievement

Professional Involvement

Professional Activities

  • Frequent presenter at tax conferences
  • Co-authored a book with Stuart Bollefer titled "The Business in Transition – Making the Succession Plan Work," published in December 2008 by LexisNexis

Memberships

  • Canadian Tax Foundation

Community Involvement

  • David is on the Board of Directors of the Harold Green Jewish Theatre Company. He has previously sung tenor in the amateur chorus of Opera York, a professional opera company. He has performed in Barber of SevilleDon GiovanniCarmen, Tosca and Rigoletto.

Insights

Publications Article Nov 21, 2018 An Update on Multiple Wills
Publications Article Feb 27, 2018 Highlights of the 2018 Federal Budget

Education

  • Harvard Law School Course in Mediation, 2000
  • Ontario Bar Admission Course, 1981 (Gold Medalist)
  • LLB, University of Windsor, 1979 (Gold Medalist)
  • BA, University of Toronto, 1976