Law firms falling down on physical data security
Wednesday, June 19, 2019 @ 10:55 AM | By Julius Melnitzer Forget cybersecurity — because law firms, it appears, can’t even keep their desks clean. Notwithstanding all the noise coming from C-suite types and in-house counsel about the critical nature of data protection, a recent survey from Oakville, Ont.,-based Shred-it — which is, somewhat ironically, […]
B.C. Supreme Court holds non-trustee liable for pension losses
Julius Melnitzer | January 16, 2020 The British Columbia Supreme Court has found that an individual who was the “directing mind of a company,” but not a trustee of its pension plan, was personally liable for a contribution shortfall because he “knowingly assisted” the company in breaches of its fiduciary duties. “The case is a heads-up, especially […]
Ontario appeal court rules former IMAX exec may exercise stock options in reasonable period
Julius Melnitzer | January 21, 2020 The Ontario Court of Appeal has ruled that a wrongfully dismissed employee could take advantage of the stock options and restricted share units that vested during the reasonable notice period, despite language in the governing plans that cancelled unvested units on termination. The case, between IMAX Corp. and a former executive named Larry […]
Amicus curiae in private family law cases
The Ontario Court of Appeal has enunciated the principles governing the appointment of amicus curiae (friend of the court) in private family law cases — and the message from Morwald Benevides v. Benevides 2019 ONCA 1023 is unequivocally that appointments in such cases should be the exceptions to the rule. “It would be rare in a family law case […]
Conrad Black wins $32.3 million loan case against the CRA
Entitled to deduct interest expenses on 2004 Quest loan he used to satisfy judgments against himself and Hollinger Inc. Julius Melnitzer | June 21, 2019 5:03 PM EDT The Tax Court of Canada has ruled that former media mogul Conrad Black is entitled to deduct interest expenses on a $32.3 million loan he used to satisfy judgments […]
Why parent companies may soon be unable to claim immunity from their subsidiary’s liabilities
A new look at corporate social responsibility June 25, 2019 12:51 PM EDT The corporate veil — the hallowed legal concept that separates the personality and liabilities of a parent company from that of its subsidiaries — is coming under attack as courts around the world struggle with the ever-extending reach of multinational organizations. While […]
Should employer-provided parking be considered a taxable benefit?
The Federal Court of Appeal has ruled that an airport parking pass provided to a flight attendant by a commercial airline is an employee benefit for the purposes of income because he received “economic value” from the pass despite the fact that the employer provided it to improve its employees’ reliability and flexibility. “The established […]
No winners in wrongful dismissal appeal decision
Most of the time, litigation produces a victor. But the victor isn’t always a winner. And sometimes there are no winners.So it is with Colistro v. Tbaytel 2019 ONCA 197, a recent decision from the Ontario Court of Appeal arising from a wrongful dismissal case. From the employer’s perspective, it’s a case that never should have found […]
Protecting Brands in North America
The USMCA, which is yet to be ratified, would affect several significant aspects of Canadian copyright, patent and trademark law and practice When and if the United States-Mexico-Canada Agreement (USMCA) is ratified by all parties, US attorneys and in-house counsel seeking to prosecute or enforce their clients’ intellectual property rights in Canada will notice its […]
Feds publish draft proposals on changes to employee stock options
The federal government has released draft legislative proposals to implement changes to the employee stock option tax regime announced in its 2019 budget. As promised in the budget, the proposals will impose an annual cap of $200,000 on employee stock options eligible for the stock option deduction under the Income Tax Act. They also confirm that […]