Business Law

A wide range of subjects that touch on the corporate commercial practice, including real estate, competition law, corporate law and governance, and securities

Shareholder oppression graphic

Shareholders’ agreements: best weapon to fight corporate oppression

January 4, 2020 | By Julius Melnitzer If there’s doubt in anyone’s mind about the superior protection shareholders’ agreements provide for aggrieved investors, the Ontario Superior Court’s decision in Murray v. Pier 21 makes the case in spades. “We frequently get pushback from clients who say that they have perfect relationships with the other shareholders, […]

Does the Competition Bureau have Canada’s grocers in its sights?

November 30, 2020 | By Julius Melnitzer Canada’s Competition Bureau may be seeking new authority to curb major grocers’ inordinate bargaining power with their suppliers. In a speech to the Canadian Federation of Independent Grocers (CFIG) last Wednesday, Commissioner of Competition Matthew Boswell referenced the current debate over the need for a code of conduct […]

What to expect from Canada’s new privacy legislation

November 15, 2020 | By Julius Melnitzer The feds are tabling new privacy legislation on Monday. The proposed statutes are the Consumer Privacy Protection Act (CPPA) and the Personal Information and Data Protection Tribunal Act (PIDPTA). Although there’s no concrete information available about the proposed laws’ contents, privacy expert David Young of David Young Law […]

Supreme Court decision aggravates termination clause problems for employers

Julius Melnitzer | November 2, 2020 A recent decision from the Supreme Court of Canada suggests the test for employers seeking to limit recovery for unlawful termination damages related to long-term incentive plans may be insurmountable in practice. Read more.

SCC to decide whether Loblaw can avoid tax on Barbados earnings

October 30, 2020 | By Julius Melnitzer The Supreme Court of Canada has agreed to consider whether Loblaw must pay Canadian tax on the profits of a Barbados-based subsidiary. The appeal could have landmark consequences for both the general anti-avoidance rule (GAAR) and the foreign accrual property income (FAPI) regime. “This could be a major […]

The Sharing Economy: a book worth sharing

October 28, 2020 | By Julius Melnitzer Nowhere, perhaps, are legal issues emerging more rapidly than in the context of sharing platforms like Airbnb, UBER, LYFT and TURO. What makes this even more interesting for lawyers is that it’s not just the legal issues that are emerging: the industries buying into this model are emerging […]

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, […]

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 […]

Beware the pitfalls of employees working remotely from abroad

September 21, 2020 | By Julius Melnitzer There’s a new twist on the expatriate employee: one who wants to or has to move abroad, to a place where the employer has little if any presence – – – but is willing to do the job remotely. There’s also a variation on the theme. It comes […]

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