Regulating cryptocurrency exchanges: The courts struggle
Tuesday, March 24, 2020 Cryptocurrency remains, in many ways, a novel asset class. No surprise, then, that courts in many jurisdictions are still trying to figure out how their law applies to the phenomenon. “The overarching theme is whether cryptocurrency is property or not, and the answer depends on the cryptocurrency’s architecture,” said John Kim, […]
Regulating cryptocurrency exchanges: Unclear definitions
Tuesday, March 03, 2020 In this, the first of our three-part series examining legal developments in the cryptocurrency arena, we take a look at the state of cryptocurrency regulation in Canada and elsewhere. “The uncertainty about whether cryptocurrencies should be regulated as currency, commodities or securities continues both globally and especially in Canada,” said Lori […]
Rectification is not a ‘mulligan’ that can get companies out of taxation sand traps, Supreme Court says.
January 10, 2017 The Supreme Court of Canada is clamping down on the use of a legal tool that has allowed some taxpayers to lower their tax bills. In two separate decisions, one involving Fairmont Hotels and the other Jean Coutu, the Supreme Court has restricted access to a legal remedy called “rectification” to prevent […]
Efforts to cool hot housing markets target ‘foreigners’ instead of speculators
Thursday, June 22, 2017 In an era where anti-immigration policies are picking up steam, “foreign” is a dangerous word. And therein lies the problems with the Ontario and British Columbia measures that impose additional taxes on non-residents buying residential property in the Toronto and Vancouver regions. Notice that, on a quick reading, it appears that […]
Daimler’s innovative blockchain bond issue good and bad news for lawyers
Friday, September 01, 2017 Kiss the trusted adviser goodbye: that, it appears, is the message for the profession from Daimler AG’s recent US$115 million bond issue, all of which was done digitally using blockchain technology. We’re talking everything: from the organization, distribution, allocation and execution of the loan agreement to the confirmation of repayments and […]
Competition Bureau’s approach to antitrust law needs to catch up with the times
Tuesday, September 12, 2017 Even as Canada’s Competition Bureau heralds a focus on the digital economy as its number one priority for 2017-18, experts in the United States have questioned whether antitrust laws, such as the Sherman Act of 1890 and the Clayton Act of 1914, can really do the job that’s required in the modern economy. The irony […]
Decision highlights CRA’s overzealous tax litigation policy
Monday, November 13, 2017 Sometimes, litigants get so caught up in zealotry that they lose sight of basic underlying factors. That, perhaps, is part of the cost of the adversarial system. But when the zealot is the Crown in a country that faces vexing issues of delays in the court system and access to justice […]
U.S. tax reform to bring double taxation to some Canadians
Changes will hit those with American property, dual citizens with Canadian earnings and even needy startups hoping for VC funds from U.S. February 6, 2018 While much of the commentary on U.S. tax reform has focused on the impact on business, some nasty surprises are in store for individual Canadians, particularly those with dual citizenship […]
When sexist, racist robots discriminate, are their owners at fault?
Artificial intelligence has the potential to wreak havoc on diversity initiatives February 20, 2018 Artificial intelligence (AI), it seems, has become the cutting-edge target for proponents of diversity in the workplace. Some experts claim that AI is increasingly biased against women and non-white people. Even robots, they claim, are being sexist and racist. The bias […]
You can thank provincial taxes for Canada’s higher overall tax rate
Ottawa’s true rate is cheaper than its U.S. counterpart, so it’s really up to the provinces to help fix our corporate competitiveness issue April 18, 2018 The role of provincial tax rates is frequently lost in the brouhaha over the negative impact that U.S. tax reform will have on the Canadian economy. “The difference in […]