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Tuesday, December 12, 2017 @ 8:56 AM

CRA investigating ‘shadow flipping’ of Toronto condos condo_flipping_sm

The booming residential real estate market in Canada has caused the Canada Revenue Agency (CRA) to engage in increased scrutiny of the practice of “shadow flipping” or “assignment sales.” This is a sales technique which involves the purchase of prebuilt condos from a developer and subsequent sale to other buyers at higher prices before possession of the condo has been taken. By relying on an assignment clause in the agreement of purchase and sale, the potential purchaser can transfer or sell his interest in the property to another purchaser before the closing date at a profit.   ... [read more]

Monday, December 11, 2017 @ 9:22 AM

Mediation of estate disputes is one of the best ways to encourage settlement Mediation

Mediation in estate disputes has been mandatory in parts of Ontario since 2002. In 2016, the Rules of Civil Procedure were amended to provide judges with authority on their own initiative to order mediation in jurisdictions that do not have mandatory mediation. ... [read more]

Friday, December 08, 2017 @ 9:46 AM

YouTube and broadcasting: Applying Libel and Slander Act to Internet youtube_broadcast_sm

The Internet has been in common use for over 25 years now and for nearly all of that time people have been complaining about things that are written about them on the internet and going to their lawyers demanding relief. Despite the passage of time, however, neither the courts nor the legislature have declared definitely whether the protections and notice periods under the Libel and Slander Act apply to defamatory postings on the Internet. ... [read more]

Friday, December 08, 2017 @ 9:36 AM

Behind the gurney: Exploring medical/legal cases from an expert’s perspective

Lawyers handling medical malpractice lawsuits should keep in mind the value that an expert witness can bring to such matters — and the folly of relying on inappropriate evidence. ... [read more]

Thursday, December 07, 2017 @ 9:51 AM

Supreme Court's ruling in Saadati puts physical, mental injuries on equal footing Mental injury

The key takeaway from the decision is that an injury is just that, and that there will be no substantive distinction in law or practice between a mental or physical injury — in part because it is becoming increasingly apparent that such dichotomies are not likely scientifically valid. This general theme may have application to a wide variety of other cases. ... [read more]

Thursday, December 07, 2017 @ 9:48 AM

Courts must respect confidential nature of arbitration when third parties involved

The confidentiality provisions of an arbitration agreement often come into conflict with the open court principle. In a context where the Canadian courts are overburdened with Jordan applications, arbitration is to be encouraged by the courts. If confidentiality cannot be safeguarded, it will stifle arbitration. ... [read more]

Thursday, December 07, 2017 @ 9:44 AM

Sin tax on cannabis disproportionately hurts medical users cannabis_tax_sm

Canada’s expanding cannabis industry is expectantly awaiting July 1, 2018, when prohibition will end and cannabis will be regulated for adult use in Canada. The excitement around ending prohibition has been dampened by an inevitable reality: taxation. The dual markets of the cannabis industry have introduced a tension into appropriately taxing cannabis. ... [read more]

Wednesday, December 06, 2017 @ 10:25 AM

SCC's examination of Hague Convention on child abduction has global interest Child abduction

The Office of the Children's Lawyer has asked the Supreme Court to endorse a more child-centric approach to interpreting and applying the Convention, and argued that the extent to which a child has integrated into a new environment should be at least as important to the analysis as parental intentions. ... [read more]

Wednesday, December 06, 2017 @ 9:51 AM

Franchise misrepresentation provision won’t stay dormant for long

Franchise jurisprudence in Ontario is steadily leaving its infancy years behind.  Yet most cases about pre-sale disclosure are based on one, albeit vital, statutory cause of action — rescission. ... [read more]

Tuesday, December 05, 2017 @ 8:34 AM

Canadian ownership in domestic oil and gas grows as foreign interest wanes Canada oil industry

Foreign investment in the country’s oil and gas industry has ebbed and flowed with the shifting forces of economic nationalism. More recently, investment capital has left due to the industry’s lack of competitiveness, relative to opportunities elsewhere. The challenge for Canada will be to implement changes that will signal a hospitable environment for investment in its energy sector. ... [read more]