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Thursday, March 22, 2018 @ 9:07 AM

How E visas help Canadian companies expand into the U.S. american_visa_sm

A Canadian company that has expanded or plans to expand into the U.S. should consider the E visa as a vehicle for movement of workers. There are two types of E visa, the E-1 Treaty Trader and E-2 Treaty Investor. Both are available under the North American Free Trade Agreement. ... [read more]

Thursday, March 22, 2018 @ 9:04 AM

SCC to decide on insolvent companies’ environmental liabilities Redwater

On Feb.15, 2018, the Supreme Court of Canada heard arguments in the much-discussed Redwater case (Orphan Well Association v. Grant Thornton Limited 2017 ABCA 124), which has attracted national interest since it highlights the growing tension between secured lenders and regulators over the issue of environmental liabilities, as court-appointed officers in bankruptcy and insolvency proceedings exercise their powers to disclaim certain assets for the benefit of debtor companies’ stakeholders. ... [read more]

Wednesday, March 21, 2018 @ 9:07 AM

IRS to end Offshore Voluntary Disclosure Program tax_disclosure_sm

On March 13, 2018,  the Internal Revenue Service (IRS) announced it will begin to “ramp down” the 2014 Offshore Voluntary Disclosure Program (OVDP) and close it Sept. 28. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]

Tuesday, March 20, 2018 @ 11:15 AM

Techniques for handling high-conflict clients in separation and divorce conflict personalities

It is important to remember that despite your efforts to convince them otherwise, people with high-conflict personalities truly feel that their behaviour is correct and lack awareness of: why they are the way they are; how they contribute to their own problems; and how to change. ... [read more]

Tuesday, March 20, 2018 @ 8:49 AM

Future impact of non-resident speculation tax unclear foreign_tax_sm

Over the past ten years, the demand for housing, and reciprocally housing costs, have been on a seemingly runaway trajectory, especially in the Greater Toronto Area. In an attempt to bring the housing marketing under control, the Ontario government proposed several measures to cool off demand, increase the supply of affordable housing, and stabilize prices. The long-term success of these actions remains to be seen. ... [read more]

Monday, March 19, 2018 @ 8:48 AM

Sufficiency of reasons in arbitration awards: A variable standard arbitration_decision_sm

The domestic Arbitration Act that is shared by most Canadian jurisdictions contains a provision that requires that an arbitral tribunal provide a written award that contains the reason on which it is based. The standard that must be met by an arbitral tribunal in order to discharge this statutory obligation remains the subject of debate, especially in a context where there are few decided cases in Canada. ... [read more]

Friday, March 16, 2018 @ 8:59 AM

Guidelines: A benchmark for the conduct of refugee board members refugee_board_sm

As a human rights tribunal, the Immigration and Refugee Board (IRB) bears a heavy burden. The IRB’s Code of Conduct for board members indicates that they must “conduct hearings in a courteous and respectful manner while ensuring that the proceedings are fair, orderly and efficient” and “are expected to approach each case with an open mind and, at all times, and must be seen to be, impartial and objective”. Sometimes, members fall short of these standards. ... [read more]

Thursday, March 15, 2018 @ 9:01 AM

Budget tries to keep it simple with two proposed tax changes passive_investments_sm

The Trudeau government brought down its third budget earlier this month. The most significant changes related to private corporations — the backbone of Canada’s economy and the well known engine of job creation. The sugar that helped the medicine go down was a reduction in corporate tax rates. ... [read more]

Thursday, March 15, 2018 @ 8:52 AM

B.C. log export restrictions the big change in softwood lumber dispute softwood_lumber_sm

The softwood lumber dispute is one of the longest trade disputes between the United States and Canada. The Government of Canada has challenged the U.S. duties at both the World Trade Organization and pursuant to Chapter 19 of the North American Free Trade Agreement. ... [read more]