SCC planning “judicial haircut” for BCCA in rectification case?
March 29, 2021 | By Bill Innes, guest contributor The Supreme Court of Canada’s (SCC) decision granting leave in Collins Family Trust has set up another battle on the limits of the doctrine of rectification. In 2016, the high court’s rulings in Fairmont and Jean Coutu restricted the doctrine as a tax planning tool. The […]
Good faith in contracts: did the SCC blow it?
By Julius Melnitzer | March 25, 2021. This is the first article in a two-part series. Read Part II here. The Supreme Court of Canada’s (SCC) recent decisions in C.M. Callow Inc. v. Zollinger and Wastech Services Ltd. v. Greater Vancouver Sewerage and Draining have reactivated the polarizing debate about the court’s interpolation of the […]
TFSA, RRSP, and CPP Changes to Expect in 2021
March, 25, 2021 | By Laura Edwards The Canada Revenue Agency (CRA) implements significant tax law changes every year. For instance, in 2020, the CRA announced at least eight revisions, including some changes to the Home Buyers’ Plan (HBP) and taxes on journalists. While there are several revisions this year as well, it’s three of the […]
Homegrown data-driven advice is the new normal at Lenczner Slaght
By Julius Melnitzer | March 22, 2021 Lenczner Slaght Royce Smith Griffin LLP is incorporating homegrown data-driven decision-making as a key part of the firm’s litigation strategy. The prominent litigation boutique is certainly not the first firm in the country to use machine-learning predictive outcomes – but they appear to be the first to have […]
Women GCs on boards double up on men: Blakes study
By Julius Melnitzer | March 18. 2021 Women constituted 66 percent of the general counsel who sat on the boards of Canadian public companies in 2020, outnumbering their male counterparts by 2:1, according to a study by Blake, Cassels & Graydon LLP. The surge has been remarkable: since 2016, women GCs represent 75 percent of […]
Mandatory coronavirus testing for unionized employees allowed: arbitrator
By Julius Melnitzer | March 17, 2021 Arbitrator Dana Randall has ruled that unilaterally-imposed, bi-weekly testing for the novel coronavirus at a Woodstock, Ont., unionized retirement home is reasonable when weighed against the need to prevent the spread of the coronavirus. “The decision tells us that, in this particular environment, mandatory COVID-19 testing is a […]
BARE BONES BRIEFS: U.K. leaves GDPR; Mortgage broker licensing requirements exemptions; Arbitration & the pandemic; EAPO launches pharmaceutical register
By Julius Melnitzer | March 16, 2021 U.K. abandons GDPR U.K. culture secretary Oliver Dowden says the country will strike its own data adequacy agreements with other countries. Although the U.K. has already secured such an agreement, still in draft, with the EU, it does not intend to “copy and paste” the EU’s rulebook, known […]
Top 10 business decisions of 2020 part two: From termination and tax to good-faith contracts
By Julius Melnitzer | March 12, 2020 This is the second of a two-part series listing the Top 10 Business Decisions in Canada for 2020. The first part dealt with cases ranked 6-10. This article ranks the top five in ascending order. 5. Waksdale v. Swegon North America Inc. 2020 ONCA 391 Ultimately, Waksdale stands for the proposition that […]
Anticompetitive regulatory risk on the rise: COVID’s role
By Julius Melnitzer | March 2, 2021 COVID-19 and its economic aftermath have cast a dark shadow of regulatory risk on businesses coping with Canada’s competition laws. There are two reasons: the first is that regulatory enforcement of corporate laws tends to be at its highest in bad times; the second is that that our […]
Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP
Thursday, February 25, 2021 @ 8:29 AM | By Julius Melnitzer What follows is our second annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. 10. British Columbia (Attorney General) v. Canada (Attorney General) 2020 SCC 1 It’s […]