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Jared A. Mackey

Corporate Tax Lawyer at Bennett Jones Calgary

Partner

Article 4(1) of Canada’s income tax treaties defines a “resident” of a Contracting State to mean a person who is subject to comprehensive tax in that State “by reason of” various criteria, such as domicile, residence, place of management or any other criterion of a similar nature.

Deemed US Corporation not a US Treaty Resident

Deemed U.S. Corporation not a U.S. Treaty Resident: HRMC v. GE Financial Investments Ltd.

Spencer Brown

Tax Lawyer at Bennett Jones Calgary

Associate

On October 29, 2024, the Canada Revenue Agency (CRA) <a rel="noopener noreferrer" href="https://www.canada.ca/en/revenue-agency/news/newsroom/tax-tips/tax-tips-2024/trust-reporting-for-the-2024-tax-year.html" target="_blank">issued a release</a> stating that it will not require bare trusts to file trust returns for the 2024 tax year, continuing the administrative exemption that was <a rel="noopener noreferrer" href="https://www.canada.ca/en/revenue-agency/news/newsroom/tax-tips/tax-tips-2024/bare-trusts-exempt-from-trust-reporting-requirements-2023.html" target="_blank">granted for the 2023 tax year</a>. The CRA's recent announcement follows on the heels of <a rel="noopener noreferrer" href="https://fin.canada.ca/drleg-apl/2024/ita-lir-0824-l-3-eng.html" target="_blank">proposed amendments</a> to the Income Tax Act (Canada) (the Proposed Amendments) released in August that, among things, would provide targeted reporting relief for bare trusts meeting certain criteria.

CRA Relief and Proposed Amendments Mitigate Bare Trust Reporting Burden on Energy Companies

Anu Nijhawan

M&A, Corporate Financing and International Tax Lawyer at Bennett Jones Calgary

When Canadian multinationals issue discounted bonds, notes and similar obligations in a foreign currency, the tax consequences of repaying the debt are governed by subsections 39(2) and paragraph 20(1)(f) of the Income Tax Act (Canada). <a href="/People/M/Mackey-Jared">Jared Mackey</a> and <a href="/People/N/Nijhawan-Anu">Anu Nijhawan</a> explore the application and interaction of these provisions, which can give rise to unexpected results.

Tax Considerations on the Repayment of Discounted Foreign Currency Obligations

Wesley R. Novotny

Marshall R. Haughey

Wade Ritchie

The Canadian Department of Finance introduced draft legislation in the <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.budget.canada.ca/2023/home-accueil-en.html" target="_blank">2023 Canadian Federal Budget</a> (Budget 2023) to create employee ownership trusts (EOTs) to facilitate the transfer of a business to the employees of the business. We provided an overview of the rules initially proposed in Budget 2023 in <a href="https://www.bennettjones.com/Blogs-Section/Employee-Ownership-Trusts-A-Useful-Tool-for-Employee-Business-Ownership">Employee Ownership Trusts—A Useful Tool for Employee Business Ownership?</a>, and recommended various revisions to the proposed rules to improve the tax incentives and ease some of the conditions required to qualify for EOT treatment. The Department of Finance released <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canada.ca/en/department-finance/news/2023/08/government-consults-canadians-on-budget-2023-measures-to-grow-the-clean-economy-close-tax-loopholes-and-deliver-tax-relief-for-canadians.html" target="_blank">revised EOT legislation on August 4, 2023</a>, addressing some of our concerns but not the big one—the revised EOT legislation still contained minimal tax incentives.

Employee Ownership Trusts Improved Tax Incentives Announced

Employee Ownership Trusts—Improved Tax Incentives Announced

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Makda Yohannes

Commercial Litigation Lawyer at Bennett Jones Toronto

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

As artificial intelligence becomes increasingly integrated into creative workflows, the use of typefaces and fonts raises complex intellectual property challenges. This article examines the distinction between typefaces and fonts, the scope of copyright, trademark and industrial design protection in Canada, and how AI tools may heighten infringement risks. It also outlines practical steps for designers and businesses to ensure compliance through proper licensing and responsible AI use.

Understanding IP Infringement Risk in Typeface Use in AI Generated Content

Understanding IP Infringement Risk in Typeface Use in AI-Generated Content

Lisa Kakoske

Corporate and Securities Lawyer

Samantha Chenatte

Associate at Bennett Jones Vancouver

Globally, women represent nearly half of the agricultural workforce, yet they still face systemic barriers that prevent them from accessing, using and contributing to innovations in agricultural technology (Agritech), which is poised to transform agricultural systems across the world.

Gender Inclusivity Driving Growth in Agritech Industry

Sara G. Parchello

Employment Lawyer at Bennett Jones Toronto

David Cassin

Brendan J. Weiler

Employment Services Lawyer at Bennett Jones Toronto

Two recent Ontario Superior Court decisions&mdash;Li v Wayfair Canada Inc. and Jones v Strides Toronto&mdash;clarify that the phrase &ldquo;at any time&rdquo; in a termination clause does not automatically invalidate an employment agreement under the ESA. While both cases distinguish earlier restrictive rulings, ongoing inconsistencies, including the Chan decision, highlight the need for appellate guidance. Employers should continue to review contracts carefully to ensure ESA compliance.

Termination At Any Time A Review of Recent Developments

Termination “At Any Time”? A Review of Recent Developments from Li v Wayfair Canada Inc. and Jones v Strides Toronto

Mykala Way

Commercial Real Estate Lawyer at Bennett Jones Toronto

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

The Ontario Court of Appeal&rsquo;s decision in 100 Bloor Street West Corporation v. Barry&rsquo;s Bootcamp Canada Inc. underscores the risks of vague realty tax provisions in commercial leases. The case highlights how inconsistent or ambiguous calculation methods can expose both landlords and tenants to costly litigation. Clear, consistent, and fair drafting of tax allocation clauses is essential to avoid disputes and ensure predictable outcomes.

One Method Many Taxes Lease Interpretation and Realty Tax

One Method, Many Taxes: Lease Interpretation and Realty Tax Allocation in 100 Bloor Street West v. Barry’s Bootcamp

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

A recent Ontario Superior Court decision underscores the importance of precise lease drafting. In Malleum Real Estate v. Donut Monster, the court held that tenant obligations began on the fixed commencement date&mdash;regardless of unfinished landlord improvements or pandemic disruptions. The ruling highlights that assumptions cannot override clear lease terms and offers practical lessons for both landlords and tenants.

Preparing for Mandatory Disclosure

From the Same Authors