Canada’s enforcement void: of tax cheats and money launderers

October 18, 2020 | By Julius Melnitzer Tax cheats and money launderers, it seems, are all the rage in Canadian and international news again. But chances are we’ll hear little about how governments have forced them to disgorge their ill-gotten gains. That’s because the cheats and their advisors have mastered the art of corporate disguise, […]

Counsel are judge’s “lens”: Ontario Court of Appeal

October 12, 2020 | By Julius Melnitzer Putting forward the evidence isn’t enough: argue your theory at trial if you want to complain on appeal about its treatment. That’s the message from the Ontario Court of Appeal’s recent decision in Becker v. Toronto (City). “The court made it pretty clear that if an issue isn’t […]

What to do about sharp rise in self-represented litigants

October 12, 2020 | By Julius Melnitzer Increased funding for legal aid to help with the dilemma of self-represented litigants (SRLs) isn’t in the cards — at least not anytime soon. “I and many others who have advocated more funding for legal aid just have to be realistic,” said professor Nicholas Bala of Queen’s University […]

McMillan bulks up competition group with Joshua Krane

Tuesday, October 6, 2020 | By Julius Melnitzer Competition lawyer Joshua Krane has joined McMillan LLP as a partner in the Toronto office. Recognized as a future leader by Who’s Who Legal, Krane advices on pricing, marketing and contracting practices. He counsels clients on relationship management with customers, suppliers and other market participants. Krane has […]

Commercial reality alive and well in transfer pricing world

The Federal Court of Appeal (FCA) has snafued the Canada Revenue Agency’s (CRA) attempt to upend transfer pricing arrangements between Cameco Corporation and its Swiss subsidiary – in what amounted to a no-holds barred attack on the commercial realities facing multinational companies. In the CRA’s view of the world, respect for contracts and the separate […]

Courts mature in their approach to GAAR

September 28, 2020 | By Julius Melnitzer The Federal Court of Appeal’s decision in Canada v. Bank of Montreal (BMO) may represent a third-generation evolution of general anti-avoidance rule (GAAR) caselaw. “Initially, in cases like Canada v. Canadian Pacific Ltd., the courts were not really comfortable with the GAAR concept and uncertain how far it […]

BLG appoints new partnership board chair

September 24, 2020 | By Julius Melnitzer Borden Ladner Gervais LLP (BLG) has appointed Shelley-Mae Mitchell as chair of its partnership board. Mitchell is the second woman in five years in the position. The board provides direction, oversight and governance for the firm. Mitchell is a Vancouver-based, Chambers Canada-recognized labour and employment lawyer. She’s been […]

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