3. What is the definition of a “permanent establishment” in Ontario?
OMIF - Technical old
“Permanent establishment” generally refers to a fixed place of business. However, whether a fixed place of business is a “permanent establishment” is a question of fact which must be determined on a case-by-case basis. In interpreting the term “permanent establishment”, the courts have considered factors such as: the degree of the corporation’s control over the place of business, the degree of continuity and permanence of the place of business and the presence of personnel and routine activities.