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 […]
Canadian pension funds welcome proposed tax changes on U.S. real estate investments
Canadian pension funds are welcoming proposed regulations from the U.S. Department of the Treasury that clarify the sweeping exemption from U.S. tax on real estate available to qualified foreign pension funds. “The previous regulatory framework reduced our demand for real estate in the U.S. and, as importantly, increased the cost and complexity of our structuring,” says […]
FP Dealmakers: After a tough first half, Bay Street bets on low interest rates driving more deals
Mining was a bright spot, but trade tensions and prospects of higher interest rates sucked the life out of deal flow in the first half of 2019 Bay Street’s top dealmakers blamed trade headwinds and prospects of higher interest rates for disappointing issuer activity in the first half of the year, but expect the outlook […]
More US firms choose to seat their arbitrations in Canada
Our judges are more hands-off. Our system is less litigious. Our country is more welcoming to international witnesses. And seating a case here is just as convenient. Canada, and Toronto in particular, has emerged as a hub for international arbitration for many reasons — and US attorneys and in-house counsel would do well to heed […]