Areas of Practice
Tax Representation & Litigation
Personal Tax Planning
Corporate Tax Planning
Ken has been a partner with Felesky Flynn since 1996, was co-managing partner 2008-2015, and was appointed Queen’s Counsel in 2008. His practice focuses on tax litigation and tax dispute resolution and he has appeared before the Supreme Court of Canada, Tax Court of Canada, Federal Court of Appeal, Alberta Court of Queen’s Bench and Alberta Court of Appeal representing taxpayers in appeals of tax reassessments. Ken also has extensive experience in the areas of corporate income tax planning, including reorganizations of public and private business enterprises, and personal income tax planning.
Ken was a speaker and panel participant at the Canadian Tax Foundation’s 2015 “Tax Dispute Resolution Conference – A Day with the Tax Court of Canada Judges”, the 2012 “Tax Dispute Resolution Compliance and Administration in Canada” Conference, and the 2006, 2004, 2002, 1997, and 1996 Prairie Provinces Tax Conferences, and has made presentations on a variety of tax matters to numerous professional groups including the Tax Executives Institute, Calgary Chapter, the Canadian Petroleum Tax Society, the Institute of Chartered Accountants of Alberta, the Association of General Counsel of Alberta, the University of Calgary/CPTS 1993 and 1998 Fall Lecture Series, and the Canadian Bar Association, Alberta Branch, including the Taxation Specialists and Non-Specialists Sections.
Ken formerly was one of the Canadian Bar Association representatives on the Tax Court of Canada Bench and Bar Committee from 2015 to 2018. He served on the Advisory Committee on Judicial Appointments for the Tax Court of Canada from 2009 to 2014.
Appointed Queen’s Counsel, 2008
Joined Felesky Flynn LLP, 1988
Called to the Alberta bar, 1988
Bachelor of Laws (LL.B) (with distinction), University of Saskatchewan, 1987
Bachelor of Commerce (B.Comm) (with great distinction), University of Saskatchewan, 1983
Memberships and Associations
Member, Tax Court of Canada Bench and Bar Committee
Member, Board of Directors of the United Way of Calgary
Chair, Finance and Audit Committee of the United Way of Calgary
Past Member, Judicial Advisory Committee for Appointments to the Tax Court of Canada
Past Director, Canadian Petroleum Tax Society
Past Member, Board of Trustees, Calgary Health Trust (Chair of the Planning Giving Committee)
Past President, Calgary Bar Association
Past Director, Board of Directors, Calgary Women’s Emergency Shelter
Past Division Chairman, Campaign Cabinet, United Way of Calgary
Past Member, Planning Giving Committee, Foothills Hospital Foundation
Past Chairman, Taxation Specialists Section (Southern) and the Taxation Non-Specialists Section (Southern), Alberta Branch of the Canadian Bar Association
Member, Canadian Bar Association
Member, Canadian Tax Foundation
Member, Canadian Petroleum Tax Society
Publications and Presentations
“After the Trial – Post-Mortem on a Tax Court Appeal Case Study” (panel discussion participant), April 24, 2015, Tax Court of Canada/Canadian Tax Foundation Dispute Resolution Conference (Toronto)
“Privilege in the Context of Legal Tax Advice and Related Communications” with Brent Perry, January 2014
“Tax Litigation: Current Topics” (participant in a panel discussion among Honourable Eugene Rossiter, Honourable Wyman Webb, Ken Skingle and Jehad Haymour on November 27, 2012), Report of Proceedings of the Sixty-Third Tax Conference, 2012 Conference Report, (Toronto: Canadian Tax Foundation, 2013) 31:1-20
“Alternative Dispute Resolution for Tax Disputes: International Perspectives” (author of the sections on Canada), 2012 Tax Dispute Resolution, Compliance and Administration Conference Report (Toronto: Canadian Tax Foundation, 2013), 11:1-18
“Recent GAAR Cases” – Tax Executives Institute luncheon, October 11, 2011
“Anatomy of Antle: Capital Property Step-Up Strategy Comes Under Attack”, Tax Litigation Journal (2010 Federated Press) (co-authored with V. Daniel Jankovic)
“Canada’s General Anti-Avoidance Rule – the Supreme Court of Canada has Spoken Again”, 2010 LEXPERT/American Lawyer Guide (co-authored with V. Daniel Jankovic)
“The Supreme Court on the GAAR” presented at the Canadian Petroleum Tax Society luncheon on January 28, 2009.
“GAAR Jurisprudence – Supreme Court Decision in Lipson” presented at the Tenth Senior Resource Tax Practitioners’ Institute on May 3 – 5, 2009.
“Tax Litigation Best Practices” and “Voluntary Disclosures” presented at the Federated Press 7th “Managing Tax Audits & Investigations” course on March 12 and 13, 2008.
“GAAR Update” presented at the 2006 Prairie Provinces Tax conference, May 8, 2006.
“The Supreme Court on The GAAR” presented at the University of Calgary (Law 527) on October 18, 2006.
“Rockin’ Recent Tax Cases” presented at the C.A. Small Practitioners’ Forum on November 25, 2006.
“Rectification: Can it Solve Your Client’s Tax Problem?” presented to Canadian Bar Association Tax Specialists Section (South) on October 24, 2005.
“The Supreme Court on The GAAR” presented at the Canadian Petroleum Tax Society luncheon on November 23, 2005.
“Recent Riveting Tax Cases” presented at the C.A. Small Practitioners’ Forum on November 26, 2005.
“Tantalizing Tidbits of Tax Cases” presented to the 21st Annual C.A. Small Practitioners’ Forum November 27, 2004.
“The GAAR – Be Careful Out There!” presented at the 2004 Prairie Provinces Tax Conference, May 31, 2004
“Tax Case Law Update” presented to the 20th Annual C.A. Small Practitioner’s Forum, November 29, 2003
“GAAR Update” presented at the Canadian Petroleum Tax Society luncheon, October 30, 2003
“Tax Case Law Update” presented to the Nineteenth Annual C.A. Small Practitioner’s Forum, November 30, 2002
“Recent GAAR Decisions” presented at the Canadian Petroleum Tax Society luncheon on September 18, 2002
“Anatomy of a Tax Audit” – Panel Discussion” 2002 Prairie Provinces Tax Conference, May 27, 2002
“The GAAR is Real Says the Federal Court of Appeal” presented to the Small Explorers and Producers Association of Canada on December 5, 2001
“Exciting New Developments in Tax Law – You be the Judge” presented to Eighteenth Annual C.A. Small Practitioner’s Forum on December 1, 2001
“Non-GAAR Jurisprudence” presented to the Sixth Senior Resource Tax Practitioners’ Institute, May 6-8, 2001
“Taxation Impact of Recent Court Decisions” presented to the Seventeenth Annual C.A. Small Practitioner’s Forum on December 2, 2000
“Review of Current Cases”, presented to the Sixteenth Annual C.A. Small Practitioner’s Forum on November 20, 1999
“The Tax Audit – Dealing with Revenue Canada,” presented to the Canadian Corporate Council Association 1999 Annual Meeting
“Selected Practice Points in Dealing with the Department: A Legal Perspective,” (Spring 1998), 11 Canadian Petroleum Tax Journal, (Calgary: Canadian Petroleum Tax Society, 1998)
“Corporate Reorganizations: A Tax Primer for Commercial Lawyers,” Papers Presented at the Mid-Winter Meetings of the Alberta Branch of the Canadian Bar Association, (Calgary: Canadian Bar Association, 1998), 300-371
“A Potpourri (Tossed Salad?) of Current Issues in Tax Litigation,” presented to Canadian Tax Foundation 1997 Prairie Provinces Tax Conference, May 1997, Edmonton, Alberta
“Reassessing Beyond the Normal Reassessment Period,” Tax Litigation Journal, (Federated Press: Spring 1996)
“Review of Current Cases,” (Spring 1995), 8 Canadian Petroleum Tax Journal
“What to do if the Department Arrives with a Search Warrant,” Tax Litigation Journal (Federated Press: Spring 1995)
“A Guide Through the Preferred Share Maze,” (Spring 1994), 7 Canadian Petroleum Tax Journal