Commercial reality alive and well in transfer pricing world

The Federal Court of Appeal (FCA) has snafued the Canada Revenue Agency’s (CRA) attempt to upend transfer pricing arrangements between Cameco Corporation and its Swiss subsidiary – in what amounted to a no-holds barred attack on the commercial realities facing multinational companies. In the CRA’s view of the world, respect for contracts and the separate […]

Courts mature in their approach to GAAR

September 28, 2020 | By Julius Melnitzer The Federal Court of Appeal’s decision in Canada v. Bank of Montreal (BMO) may represent a third-generation evolution of general anti-avoidance rule (GAAR) caselaw. “Initially, in cases like Canada v. Canadian Pacific Ltd., the courts were not really comfortable with the GAAR concept and uncertain how far it […]

The new way for in-house counsel to ID legal disputes early

September 28, 2020 | By Julius Melnitzer The Deep Tech Resolution Lab (DTRL) at Oxford’s Faculty of Law is building an artificial intelligence (AI) system to search corporate data for signs of trouble before they emerge. According to the Law Society Gazette, DTRL is asking in-house lawyers to help them with the project. “The idea […]

Get a leg up on your injury’s worth – – – for free and without a lawyer

September 27, 2020 | By Julius Melnitzer You’re injured in an accident. You’re lost, alone and frustrated, and you’re looking for a lawyer. Michael Zouhri of Edmonton knows how you feel. And that’s why he created PainWorth, free online software touted as ”the world’s first fully-automated app that helps you calculate the potential value of your […]

Beware the pitfalls of employees working remotely from abroad

September 21, 2020 | By Julius Melnitzer There’s a new twist on the expatriate employee: one who wants to or has to move abroad, to a place where the employer has little if any presence – – – but is willing to do the job remotely. There’s also a variation on the theme. It comes […]

When law firms need lawyers, whom do they call?

September 21, 2020 | By Julius Melnitzer This is the second of a three-part series on lawyers who represent lawyers When lawyers get into trouble, the reputation of an entire firm may be at stake. But the concerns of the individual lawyer and the firm can diverge. They may have different views of the […]

Artists desperate for legal help during COVID

September 21, 2020 | By Julius Melnitzer New research confirms that a multitude of legal challenges, aggravated by the “devastating” impact of COVID-19. faces the Canadian arts sector. “We wanted to prove to arts funders, like Canada Heritage and the Canada Council for the Arts (CCA), that there existed very pressing legal needs,” says Martha […]

COVID-19 forces changes on majority of law practices: Survey

September 16, 2020 | By Julius Melnitzer A new survey of 400 legal professionals across Canada reveals that 67 per cent of those surveyed expect to see, or are currently experiencing, practice-related changes due to COVID-19. “The report tells us that COVID-19 will see core businesses decline, with many lawyers looking to expand into new […]

Best practices sign

IIROC publishes best practices for electronic proceedings

September 16, 2020 | By Julius Melnitzer The Investment Industry Regulatory Association of Canada has published its Best Practices for Electronic Proceedings. COVID-19 saw the IIROC postpone in-person hearings or convert them into virtual hearings. The guidelines are aimed at extending greater access, and enhancing transparency and confidence in the system. “We anticipate that virtual […]

When lawyers are in trouble, to whom do they turn?

Wednesday, September 16, 2020 | By Julius Melnitzer This is the first of a three-part series on lawyers who represent other lawyers. So many people don’t like them. No surprise, then, that lawyers need lawyers. The problem is that more than a fair number of lawyers don’t care for or respect each other. So […]

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