Our Team

 

Payne Law lawyers have successfully represented taxpayers through audits, objections to re-assessments, formal tax appeal proceedings at the Tax Court of Canada, defence of Income Tax Act offences and tax evasion charges, voluntary disclosure program applications, as well as applications for waiver/fairness packages and remission orders.  In addition, we are experienced in pursuing civil remedies including damages against lawyers and accountants.

The consistent focus of our practice is dispute resolution.  98% of our cases settle well ahead of formal hearing.  Where an acceptable settlement cannot be reached, our professionals thrive in trial and appeal settings.

 

Our Team


Yan David Payne
, B.A.(Hons), LL.B. articled at a highly-respected litigation boutique in Toronto.  He later headed the litigation division of a commercial and tax litigation firm in Toronto, taking on full responsibility for important cases over the years that followed.  Ultimately, Mr. Payne’s drive, work ethic and successes led colleagues and clients alike to follow him to his private practice, which was founded in 2005/2006.  He has acted as principal and mentor to articling students and to new lawyers over the years.  Mr. Payne has been retained to lead a variety of litigation cases.  He has represented clients in all aspects of tax disputes and litigation.

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Hashim Syed, B.Comm, J.D., is a 2008 law school graduate who was called to the bar in both Ontario and in the U.S.  He earned a 3-year scholarship, and a certificate of merit for achieving the highest grade in advanced legal research.  Over the past 9+ years, he has developed extensive litigation experience before the Ontario Court of Appeal, Divisional Court, Ontario Superior Court, Ontario Court of Justice, Tax Court of Canada, in addition to US State Courts.  He has successfully handled a broad range of commercial and tax litigation matters including international and domestic challenges, conflict of laws, shareholder disputes, Tax Court of Canada proceedings and hearings involving amounts ranging upwards of $15,000,000.00 in value.    Click for more

 

 

Karen J. Sanchez, B.A., J.D., articled and began practicing law at a well-established and well-respected boutique firm and she became a contributing member of that practice, eventually handling a broad range of litigation cases.  Now in her 7th year of practice, Ms. Sanchez has experience handling commercial and tax litigation cases including court victories in Superior Court and before the highest appellate court in the Province.  In a recent decision, R. v. D. R., 17-000364, Ms. Sanchez was successful in contesting an application by the Crown seeking to extend the detention of original records seized under warrant, making same conditional on the release of copies of all 15 boxes of records to the client, so that he could continue to properly run his business operation – see August 2017 endorsement: Order – Endorsement re releasing documents contained in 15 boxes of seized records – Aug.9.17    Click for more

 

 

Megan Oxenham, B.A., is the firm’s office manager and senior litigation clerk.  No stranger to conflict resolution, Ms. Oxenham brings her Bay Street firm experience and  her background as Special Assistant to the Premier of Ontario to the Payne Law team. She has been a valued member of the team since 2006.

 

 

 

 

 

 

 

Janice Ly started working in the legal field in 2009.  She is an accredited law clerk having obtained her diploma from Seneca College’s Law Clerk Program. She is fluent in English and also understands Cantonese.

 

 

 

 

 

The above does not constitute legal advice and is for information only. Should you require legal advice, please contact us to arrange a comprehensive in-person consultation or feel free to start with the free online consultation form.

Yan David Payne, B.A.(Hons), LL.B. articled at a highly-respected litigation boutique in Toronto.  He later headed the litigation division of a commercial and tax litigation firm in Toronto, taking on full responsibility for important cases over the years that followed.

Ultimately, Mr. Payne’s drive, work ethic and successes led colleagues and clients alike to follow him to his private practice, which was founded in 2005/2006.  He has acted as principal and mentor to articling students and to new lawyers over the years.  Mr. Payne has been retained to lead a variety of litigation cases.

He has represented clients in all aspects of tax disputes and litigation.  Mr. Payne has been appointed by the Superior Court of Ontario as Independent Supervising Counsel and has advised and represented a broad range of clients from individual employees to established corporations, from small and medium-sized businesses to domestic, foreign, national and international organizations, from the chief of police, top ranked athletes, university professors, the Mayor of a major Canadian City, to court officials, professional regulatory and insurance bodies, as well as other professionals including lawyers, accountants, and doctors.  He has also been assigned to mediate and arbitrate a broad range of disputes.

Mr. Payne has an outstanding trial and appeal record including numerous widely-reported cases.  In Osinski v. Her Majesty the Queen 2013 TCC 71, Mr. Payne defeated the Canada Revenue Agency and the Department of Justice, overturning $3.8 Million+ in taxes, penalties, and interest in favour of an individual taxpayer.  There are numerous examples of Mr. Payne’s track record at the Tax Court of Canada at Reported Cases.

Recently, Mr. Payne secured the withdrawal of all (20) Income Tax Act charges against an accountant along with a Court Order for the return of all seized records obtained by warrant – see Her Majesty the Queen v. M. S., Court File No. 1211 998 16 361300.  Mr. Payne has also successfully pursued claims for losses in civil court against accountants and lawyers for alleged negligence in handling tax matters – see, for example, reported Superior Court decision in Bahl v. Cadesky and Associates and Barry Seltzer, where the the Honourable Mr. Justice Perell confirmed that a $12 Million claim against the client’s former lawyer and accountants should proceed.

Please visit our Reported Cases section to review numerous other court victories secured by Mr. Payne.

Hashim Syed, B.Comm, J.D., is a 2008 law school graduate who was called to the bar in both Ontario and in the U.S.  He earned a 3-year scholarship, and a certificate of merit for achieving the highest grade in advanced legal research.

Over the past 9+ years, he has developed extensive litigation experience before the Ontario Court of Appeal, Divisional Court, Ontario Superior Court, Ontario Court of Justice, Tax Court of Canada, in addition to US State Courts.

He has successfully handled a broad range of commercial and tax litigation matters including international and domestic challenges, conflict of laws, shareholder disputes, Tax Court of Canada proceedings and hearings involving amounts ranging upwards of $15,000,000.00 in value.

He has an excellent track record in handling tax appeals and hearings (for example, Tax Court Judgement reversing $546,000.00 tax assessment in HST collection dispute – see formal Order in H.C.W. v. Her Majesty the Queen, Court File No. 2013-2761(IT)G, and Tax Court of Canada Judgement in Lesner v. Her Majesty the Queen: Income Tax Judgment Dated August 5, 2014 (Heard July 18, 2014)), and commercial disputes at various levels of court including Superior Court and appellate court.

See also Divisional Court judgement quashing an unfounded appeal before it can be heard, thus saving client time and cost and obtaining full indemnity cost award of $25,337.10:  Judgement of Justice Kiteley entered Jun 2014.  He is familiar with customs in Arabic and Japanese, conversational French, and a basic understanding of Hindi and Urdu.

Karen J. Sanchez, B.A., J.D., articled and began practicing law at a well-established and well-respected boutique firm and she became a contributing member of that practice, eventually handling a broad range of litigation cases.

Ms. Sanchez has experience handling commercial and tax litigation cases including court victories in Superior Court and before the highest appellate court in the Province.  In a recent decision, R. v. D. R., 17-000364, Ms. Sanchez was successful in contesting an application by the Crown seeking to extend the detention of original records seized under warrant, making same conditional on the release of copies of all 15 boxes of records to the client, so that he could continue to properly run his business operation – see August 2017 endorsement: Order – Endorsement re releasing documents contained in 15 boxes of seized records – Aug.9.17

She also has a broad range of commercial, employment, and human rights experience.  See, for example,  General Electric Canada Real Estate Financing Holding Co. v. Liberty Assisted Living Inc., 2013 ONCA 119 where she was successful in overturning a lower court decision.  See also successful motion staying summary judgement and obtaining security for costs:  Talisman v. Kyser, 2013 ONSC 6612.

She has appeared at all levels of court in Ontario, before various boards and tribunals (including the Financial Services Commission of Ontario, the Toronto Police Services Disciplinary Tribunal, the Landlord and Tenant Board, the Ontario Disability Support Program, the Human Rights Tribunal, and Ontario Works) and she has worked on Supreme Court of Canada appellate litigation.

Ms. Sanchez has the ability to attract media spotlight as was the case recently when she represented 10 applicants at the Human Rights Tribunal (watch Ms. Sanchez and applicants interviewed by CBC and Global News and read more about the front-page news in the Toronto Star and CBC Online) and read Decision of Human Rights Tribunal Adjudicator D. Sanderson obtained by Ms. Sanchez in favour of diverse group of applicants before the Human Rights Tribunal as well as updated March 9, 2016 Toronto Star article reporting on the win.  Ms. Sanchez is focused on delivering results in all manner of disputes including employment, human rights, commercial, estates, and tax disputes through focused negotiations, court motions, hearings, and appeals.

Her academic credentials are excellent including being on the Dean’s Honour Roll and graduating Cum Laude prior to being called to the Ontario bar.  Ms. Sanchez is also fluent in Spanish.