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Articles
Time To Reset The NAFTA Agenda
February 18, 2014
On Sept. 11, 2001, in the eyes of most Americans, Canada's geography underwent a radical transformation. Once a strategic asset providing depth of warning and response to Russian missiles, our vast territory became a serious security liability. Overnight, 8,000 kilometres of “undefended” border were seen to provide a gateway for terrorist actions against the U.S. homeland. Written by Michael Kergin and published in the Globe and Mail.
5 Reasons Canada Needs A Trade Deal With Korea Now
February 11, 2014
EU auto exports to Korea have virtually doubled since the Korea-EU FTA. In a letter to Prime Minister Stephen Harper, John Weekes and several other trade experts provide five reasons why a Free Trade Agreement with Korea makes eminent sense now for Canada.
Financial Stability At Any Price May Be Too Expensive
February 11, 2014
Policymakers are focused on financial stability at expense of effectiveness and costs. Since the financial crisis of 2007-2008, almost all of the attention to the financial sector has been aimed at answering the question: “How do we make the financial sector more stable?” or less productively but unfortunately more politically salient: “How do we avoid government bailouts of banks?” Written by David Dodge.
Taxing Times: Alternative Routes to Incorporation
February 2014
While managing a real estate portfolio under a
corporate structure can sometimes create tax burdens, there are other options.
In part two of a special series on tax issues, Marshall Haughey explores some of
the alternatives to incorporation. Published in the February 2014 edition of
Canadian Real Estate Wealth Magazine.
Inappropriate E-mail Use by Employees can Constitute Cause for Dismissal (Labour Notes)
February 03, 2014
Increased usage and reliance on the Internet creates new challenges for both employees and an employer's human resources department. In certain circumstances, employees can be fired for engaging in inappropriate Internet use at work. The case law reveals certain trends which can be used as guidance when navigating the issues surrounding Internet use in the workplace. Published in the
February 3, 2014, edition (Number 1491) of Labour Notes by Wolters Kluwer CCH.
Defence Procurement Changes in Canada Announced
February 2014
Duncan C. Card, Author, "Defence Procurement Changes in Canada Announced", Bennett Jones Defense & Security Law Update, February 2014.
McKesson: A Cautionary Transfer Pricing Tale
February 1, 2014
Brad Rolph of Grant Thornton and Claire Kennedy of Bennett Jones review the decision of the Tax Court of Canada in McKesson Canada Corporation v HM The Queen, describe approaches to pricing factoring arrangements and highlight some of the key lessons for multinationals from this case. Published in the February 2014 edition of International Tax Review.
Regional Trends - Leader Forecast
February 2014
Dubé, Georges, "Regional Trends". Published in Pacific Alliance Leaders 2014 in the Pacific Alliance section (page 19).
Sovereign Debt Management
January 15, 2014
Mark Jewett contributed to Sovereign Debt Management, edited by Rosa Lastra and Lee Buchheit and published by Oxford University Press.
Defining Copyright Infringement
January 14, 2014
In Cinar Corporation v Robinson, 2013 SCC 73, the Supreme Court of Canada provided some important guidance to courts facing assessment of copyright infringement.
Pension Priorities in Canada: An Update for Lenders
January 2014
Financiers and lenders to Canadian companies have become increasingly concerned about potential priorities of pension claims in Canada over the past year following the 1 February 2013 decision of the Supreme Court of Canada (SCC) in the Indalex case (Sun Indalex Finance, LLC v. United Steelworkers, 2013 SCC 6). Much of this concern may have been caused by conjecture as to how the SCC's decision would be applied in future insolvency proceedings, rather than the relatively narrow issue that was actually before the SCC in Indalex. A more recent decision of the Ontario Superior Court (Grant Forest Products v. GE Canada Leasing Services Company, 2013 ONSC 5933) helps to clarify issues arising from Indalex in a manner that may be helpful to lenders. Published in the January 2014 issue of Financier Worldwide.
Inappropriate E-mail Use by Employees can Constitute Cause for Dismissal (Ultimate HR Manual)
January 2014
Increased usage and reliance on the Internet creates new challenges for both
employees and an employer's human resources department. In certain
circumstances, employees can be fired for engaging in inappropriate Internet use
at work. The case law reveals certain trends which can be used as guidance
when navigating the issues surrounding Internet use in the workplace. Published in the January 2014 edition (Number 79) of Ultimate HR Manual - Western Edition by Wolters Kluwer CCH.
Canada's Anti-Spam Law
January 01, 2014
Canada's Anti-Spam Law (2014), iBooks Store, Apple, written by Martin Kratz, Sebastien Gittens and Graeme Harrison
Distributing The Proceeds of Fraud
January 2014
Distributing the proceeds of a fraudulent scheme amongst the scheme's victims is a difficult task. The general principle requires the courts to allocate limited pools of assets in the manner most “just, convenient, and equitable in the circumstances.”Authored by Kirsten A. Thoreson. Published in Carswell's Legal Alert, Volume 32, Number 10, pp. 77-78. Reproduced by permission of Carswell, a division of Thomson Reuters Canada Limited.
Taxing Times
January 2014
An increasing number of real estate investors are managing their
holdings under a corporation structure. In part one of a special series on tax
issues, Marshall Haughey outlines the key elements investors need to know about
this setup. Published in the January 2014 edition of Canadian Real
Estate Wealth Magazine.
The Precautionary Approach in Canadian Environmental Law — Building Social License
January 01, 2014
Government decision-makers often struggle with how to make decisions in the face of scientific uncertainty, especially in the context of environmental assessments of large-scale resource projects. Public expectations are high when the protection of the environment is in question, and the perception of risk is usually fuelled by prevailing social culture and other values, more than the objective science.1 The social acceptance of decisions will ultimately be based on how well government agencies reconcile the public perceptions of risk with the available science. Published in the 2014 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada by Thomson Reuters Canada Limited.
The Role of Subsequent Legislative Amendments in the GAAR Analysis
January 2014
Numerous Canadian courts have used subsequent legislative amendments (amendments made after the time applicable to a transaction) as an important tool of statutory interpretation. In the tax context over the last decade, subsequent legislative amendments have been held to be particularly relevant to the third stage of the general anti-avoidance rule (GAAR) analysis: whether there has been a misuse or abuse of the object, spirit, and purpose of the provisions of the Income Tax Act that are relied on by the taxpayer. In this respect, the Minister typically argues that a subsequent amendment is evidence of a pre-existing policy in the Act that the taxpayer has abused. In contrast, from the taxpayer's perspective, amendments arguably demonstrate that a transaction did not offend any unwritten rule or policy at the time it took place. This article provides a brief review of the role of subsequent legislative amendments in the GAAR analysis. Published by LexisNexis in the January 2014 edition of Canadian Current Tax.
Kim Maguire on Taxation of Farm-outs
January 01, 2014
Kim Maguire co-authors “An Update on the Taxation of Farm–outs,” Resource Sector Taxation, for the Federated Press, Vol. IX, No. 3 (2014).
Acquisitions of Control Under the Income Tax Act - Recent Developments
2013
J. Scott Bodie and Wesley R. Novotny authored "Acquisitions of Control Under the Income Tax Act - Recent Developments", 2013 Prairie Provinces Tax Conference (Toronto: Canadian Tax Foundation, 2013), 6: 1-27.
Allocation of Risk in a Purchase and Sale Agreement
2013
Simon Crawford presented a discussion on the various stages of the life of an agreement of purchase and sale and explored risk allocation at each stage. View presentation at Slideshare: Allocation of Risk in a Purchase and Sale Agreement.
Contracting as an Individual for a Corporation to be Formed
2013
Real estate purchasers will sometimes sign a purchase agreement in trust or as agent for a corporation not yet formed. This discussion looked at the merits of that practice and the potential dangers to vendors. View presentation at Slideshare: "Contracting as an Individual for a Corporation to be Formed".
Corporate Combinations: An Update on Canadian Mergers
2013
Anu Nijhawan and Gabrielle M.R. Richards, "Corporate Combinations: An Update on Canadian Mergers," 2013 Conference Report, (Toronto: Canadian Tax Foundation, 2014), 8: 1-87.
Interlender Agreements
2013
Simon Crawford presented at Bennett Jones LLP on Lending Transactions. Interlender agreements deal with more than mortgage priority. This overview considers various factors to be considered when negotiating intercreditor provisions.View presentation at Slideshare: Interlender Agreements.
Bennett Jones