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

Share transfers to executives, employees are income not capital gains: appeal court

By Julius Melnitzer | December 23, 2021 A Federal Court of Appeal ruling will make it very difficult for executives and employees to treat share transfers from their companies as capital gains rather than income. The decision involved Kitchener, Ont.-based D2L Corp., whose intention was to distribute appreciated shares of the company, held in a […]

Why Supreme Court ruled Alta Energy’s ‘treaty shopping’ not abuse of tax planning

By Julius Melnitzer | December 13, 2021 Short of abusive behaviour, companies are allowed to minimize their tax liability In November, the SCC rejected Ottawa’s claim that the taxpayer, a Luxembourg resident, should be denied the benefit of the Canada-Luxembourg tax treaty because it engaged in treaty shopping and its economic ties to Luxembourg were […]

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BARE BONES BRIEFS: OCA reverses heroin trafficker’s conviction after judge delays reasons for 4 years | Woman lawyers working 100 more hours than men | 90% of UK lawyers resisting return to office | EU pushes gig workers’ rights | Top 5 law firm bulletins & webinars

By Julius Melnitzer | December 6, 2021 JUDGE TAKES FOUR YEARS TO DELIVER REASONS AFTER THREE-DAY TRIAL The trial involved only three days of evidence. But Judge Kofi Barnes of the Ontario Superior Court took four years to deliver reasons. And that was some 31 months after Shane Artis appealed his conviction and 10-year sentence […]

Named in the Pandora Papers? Now what?

By Julius Melnitzer | November 17, 2021 If you’re one of the Canadians named in the Pandora papers, the latest massive leak of information related to tax havens, how much sleep do you really need to lose? That depends. “Is there smoke or is there fire?” asks David Rotfleisch, the founding partner at Toronto tax […]

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BARE BONES BRIEFS: BLG to manage Ivanhoé Cambridge leasing legal services | Study: junior counsel beat senior counsel as often as seniors beat them | Litigation funding fees capped | Judges need safety too | Top law firm bulletins

By Julius Melnitzer | November 11, 2021 IVANHOé CAMBRIDGE IN-HOUSE LAWYERS MOVE TO BLG “In-house” gets new meaning as part of Ivanhoé Cambridge’s (IC) law department moves to Borden Ladner Gervais LLP offices in Montreal and Toronto. All this pursuant to an agreement for BLG to manage legal services for shopping centres owned by IC, […]

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BARE BONES BRIEFS: Pandemic spurs unprecedented satisfaction with lawyers | Non-humans can be patent ‘inventors’ | SCC revisits statutory interpretation? | EU declares open season for environmental challenges | Best of: law firm webinars & bulletins

By Julius Melnitzer | October 29, 2021 CLIENT SATISFACTION WITH LAWYERS PEAKS DURING PANDEMIC A UK survey suggests the inability to meet lawyers in person has, at the very least, not diminished clients’ satisfaction with their services. Indeed, according to the Law Society Gazette, satisfaction levels reached an all-time high during the pandemic. The Legal […]

Violating property maintenance, safety and sanitation laws in Quebec: beware the consequences

September 17, 2021 By Aubie J. Herscovitch and Alexander Rigante, guest contributors This article examines the rules and regulations regarding the maintenance, safety and sanitation of buildings in Quebec, with emphasis on the penalties and powers of which municipal authorities can avail themselves should a property owner fail to maintain these standards.   According to the Loi […]

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Rising municipality charges stalling efforts to develop green buildings in Canada

The Hastings-Quinte Social Services committee announced Wednesday that five retirement complex buildings in Belleville will have solar panels installed on their rooftops, like here at The Prince William building. PHOTO BY POSTMEDIA FILES By Julius Melnitzer | September 8, 2021 Rising development charges and insufficient incentives are stifling some major municipalities’ efforts to encourage developers […]

Recommended Reading: Timely Law Firm Bulletins

By Julius Melnitzer | July 19, 2021 CHARITIES & NON-PROFIT Miller Thomson: Why it matters that the Supreme Court decision reinforced the existence of hidden contracts in charity/nonprofit governance COMPETITION McMillan: Emerging Competition & Data Privacy Issues for Real Estate Organizations DATA PRIVACY Gowlings: New Standard Contractual Clauses for International Transfers Under The GDPR McCarthy […]

Should companies fear the Clean Fuel Standard?

The Clean Fuel Standard will affect a host of industries — many of them unwitting Canadian industries fear the federal government’s Clean Fuel Standard will translate into an increase in the cost of doing business. “At the end of the day, this is just another tax that Canadian business has to deal with,” said Bob […]

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