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- The syncreon Group: Landmark Case Recognizes English Schemes of Arrangements in Canada
In October 2019, syncreon Group Holdings B.V. and its subsidiaries (collectively, the syncreon Group) completed a landmark cross-border balance sheet restructuring of approximately US$1.1-billion of debt. The syncreon Group’s restructuring is believed to be the first time that English scheme of arrangement proceedings have been used to restructure debt issued by a U.S.-based multinational enterprise (Scheme Proceedings).
- Rectification Strikes Back: B.C. Court of Appeal Allows Rectification of Tax Mistake
On October 30, 2019, the British Columbia Court of Appeal upheld the rectification of an erroneously calculated capital dividend account, saving the corporate taxpayer from a punitive 60% tax.
- British Columbia's UNDRIP Legislation—A Framework to Advance Reconciliation
On October 24, 2019, the British Columbia (B.C.) government introduced Bill 41 – 2019, Declaration on the Rights of Indigenous Peoples Act, fulfilling its February 2019 announcement that it would table legislation implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The statement released by the Premier’s Office touted that the legislation...
- Canadian Anti-Dumping and Countervailing Duty Measures
Goods imported into Canada are generally only subject to assessment of ordinary customs duty and goods and services tax (GST) or harmonized sales tax. However, during the course of any year, certain imported goods face the additional assessment of anti-dumping and/or countervailing duties because they have been found to have caused injury or retardation to a Canadian domestic industry or because they threaten to cause injury by virtue of being dumped or subsidized. Two Canadian government bodies, the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT), administer the Special Import Measures Act (SIMA) and the Special Import Measures Regulations (SIMR), Canada’s laws that deal with anti dumping and countervailing duties. The SIMA and the SIMR contain 98 sections and 58 regulations, respectively, of complex legal rules. This book is designed to provide a brief but thorough outline of the principal elements of Canada’s anti-dumping and anti-subsidy legislation, including amendments to the SIMA and the SIMR that came into force in April 2018. However, any person involved in proceedings under the SIMA should seek the guidance of an experienced, Canadian trade lawyer as to the application of the law. Please see full Guide below for more information.
- One year later: A report from the OPC following one year into mandatory breach reporting regulations
The Office of the Privacy Commissioner (OPC) recently released a report marking the one-year anniversary of the mandatory breach reporting regulations under the Personal Information Protection and Electronic Documents Act (PIPEDA) coming into force. Since November 1, 2018, organizations subject to PIPEDA must report to the OPC any breaches of security safeguards that pose a real risk of significant harm to individuals affected by the breach and also notify the affected individuals. The organizations must also keep records of all data breaches that occur within their organization.
- New Developments in Navigating the Tax on Split Income
Overview of the Tax on Split Income (TOSI) - Income splitting (also known as income sprinkling) is a strategy that can be used by high-income owners of private corporations to divert their income to family members with lower personal tax rates, thereby decreasing the family’s tax burden overall.
- What Canadian Businesses Need to Know about the California Consumer Protection Act
Come July 1, 2020, Canadian entities caught under the California Consumer Privacy Act (CCPA) will need to comply with proposed regulations that were recently issued by the Attorney General’s office. The draft rules clarify the intended interpretation of the CCPA and create new substantive requirements with which businesses must comply.
- Canadian Securities Administrators to Conduct Review of Automatic Securities Disposition Plans
On October 24, 2019, the Canadian Securities Administrators (CSA) announced that it is undertaking a review of Automatic Securities Disposition Plans (ASDPs). ASDPs allow company insiders to sell their company securities through a broker in accordance with predetermined instructions. Currently, provincial and territorial securities laws provide an insider trading defence for trades made under automatic plans; however, there is no national framework governing such plans. The CSA’s review of ASDPs will consider whether the regulatory framework should be enhanced and harmonized across Canada. Specifically, the CSA has indicated that the review will examine whether these plans provide appropriate constraints on trading activities of insiders and will be informed by relevant international developments in this area...
- Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace
Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37, 2019 ABCA 388 offered some important commentary.
- Ontario to Simplify Pesticide Management
The Ministry of Environment, Conservation and Parks (MECP) is proposing to "reduce complexity and modernize pesticide management in Ontario". On October 28, 2019, the MECP posted a proposal to the Environmental Registry of Ontario for amendments to Ontario Regulation 63/09 made under the Ontario Pesticides Act, (see Amendments to the Pesticide Regulation (63/09 General), including links to the guidance documents that will accompany the revised Regulation, at the Environmental Registry of Ontario). Importantly, the proposed amendments would align the Ontario regime with the federal regime by ending the classification of pesticides currently required under the Regulation. Ontario is the only province that has this duplicative application process.
- CIPO Approves New Wares and Services Descriptions
The Canadian Intellectual Property Office (CIPO) today announced the approval of over 500 new or changed wares (goods) and services descriptions in its online Wares and Services Manual. This is the Manual that the CIPO Examiners refer to when reviewing applications for registration of trade-marks ...
- Updated BC IPP Supply Map
Further to our April blog post, today, BC Hydro released some updated information regarding the supply of electricity from BC independent power producers (BC IPPs). Included in the release is the following: 1. A map of current and future BC IPP projects;...
- Arbitration Review of the Americas 2012: Commercial Arbitration and the Canadian Justice System: Recent Decisions of the Supreme Court of Canada
Originally published in The Arbitration Review of the Americas 2012. Commercial arbitration – both domestic and international – is an established and frequently employed dispute resolution mechanism in Canada, and one that is legislatively protected. With respect to...
- Oh Canada - Significant Developments in Canadian Energy - November 2011
In This issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations
- Arguments conclude in first transfer pricing case heard by the Supreme Court of Canada: GlaxoSmithKline Inc. v. The Queen
On Friday morning January 13, 2012, the Supreme Court of Canada heard arguments in GlaxoSmithKline Inc. v. The Queen. See our earlier posts on the case here and here. By way of background, Glaxo Canada purchased ranitidine, the active pharmaceutical ingredient in Zantac, a...
- Battle of the Blocks
Two of my favourite topics: intellectual property and Lego. The Danish toy-maker has been trying to protect its iconic toy bricks since they were developed in the 1930s and ’40s. Trade-mark law protects the brand (LEGO), and trade-marks can live on and on, as long as the owner (a) uses the mark,...
- Invasion of Personal Privacy Tort Comes to Canada
In a significant decision by the Ontario Court of Appeal, (Jones v. Tsige, 2012 ONCA 32), the Court of Appeal recognized for the first time in the province of Ontario, a distinct right of action for invasion of personal privacy or “intrusion on seclusion”. The facts of this...
- Case Update - Re Timminco Limited
Re Timminco Limited (2012) ONSC 506 (Ont. Commercial List) and (2012) ONSC 948 (Ont. Commercial List). Timminco Limited and Bécancour Silicon Inc. (together the “Timminco Entities”) sought and were Granted protection under the CCAA on January 3, 2012. On January 12, 2012 the...
- "Beneficial Owner" - CRA'S Assessment Of Velcro Doesn't Stick
The Tax Court has once again considered the meaning of the phrase “beneficial owner” for purposes of the tax treaty between Canada and the Netherlands. It has also once again ruled in favour of the taxpayer in determining that a Dutch holding company was the “beneficial owner” of amounts received...
- Cloud Computing and the Public Sector in British Columbia
The British Columbia Information and Privacy Commissioner (“IPC”) has released guidelines on cloud computing. The guidelines apply to the public sector bodies to which British Columbia’s Freedom of Information and Protection of Privacy Act (“FIPPA”) applies....