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Thursday, November 28, 2019 @ 5:23 PM

‘Watershed’ SCC judgment rules provincial law governs maritime contractual dispute over liability Daniele Dion

In what counsel are calling a “watershed” maritime law ruling, the Supreme Court of Canada has ruled 9-0 that Quebec contract law, not federal maritime law, applies to a contract formed in Quebec for the purchase of ship engine parts that were discovered much later to be defective. ... [read more]

Thursday, November 28, 2019 @ 2:37 PM

Globalization: More tax issues to consider Glass globe on money

In our previous article, we considered five important tax aspects that are key considerations before launching into the international markets. Here are five more.     ... [read more]

Thursday, November 28, 2019 @ 11:42 AM

Stikeman relocates New York City office

Stikeman Elliott has relocated its New York City office. According to the firm’s press release, Stikeman Elliott was the first Canadian law firm to open an office in the city, in 1982. ... [read more]

Thursday, November 28, 2019 @ 8:53 AM

More economic injustice for Indigenous people as result of Van der Peet | Angelique EagleWoman

Author’s note: In the first part of this two-part series, I discussed how courts have exacerbated Indigenous poverty by falsely redefining pre-contact economic activity and thereby limiting economic opportunities for Indigenous peoples. It is important to note that all of the decisions discussed involved criminal charges brought against Indigenous peoples engaged in commercial activity which was the primary point of contact with Europeans who entered North America. ... [read more]

Thursday, November 28, 2019 @ 8:51 AM

Two sides of same coin: Derivative action and oppression remedy looney_sides_sm

One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation (Foss v. Harbottle (1843), 67 E.R. 189, 2 Hare 461 (Eng. V.C.)). ... [read more]

Wednesday, November 27, 2019 @ 2:33 PM

Resolving debate on transactional common interest privilege gears_transaction_sm

An emissary of Bay Street, Maureen Littlejohn, has come forward in response to my article of Oct. 31, 2019 to champion transactional common interest privilege. This was at issue in the Federal Courts’ decisions in Iggillis Holdings Inc. v. Canada (National Revenue) 2016 FC 1352 and Iggillis Holdings Inc. v. Canada (National Revenue) 2018 FCA 51. ... [read more]

Wednesday, November 27, 2019 @ 1:27 PM

Two new associates for McLennan Ross

McLennan Ross LLP announced that Michelle Fong and Andrew Singh have joined the western Canadian firm as members of its corporate commercial securities team. ... [read more]

Tuesday, November 26, 2019 @ 11:49 AM

Corporate reorganizations can trigger general anti-avoidance rule Tax

The Federal Court of Appeal recently affirmed the Tax Court of Canada’s decision in Birchcliff Energy Ltd. v. Canada. It held that the general anti-avoidance rule (GAAR) applied to an amalgamation. ... [read more]

Tuesday, November 26, 2019 @ 9:11 AM

Two new partners join Blakes

Blake, Cassels & Graydon LLP (Blakes) announced that two new partners have joined the firm. ... [read more]

Monday, November 25, 2019 @ 12:36 PM

Quebec firm BGO-Legal merges with Dunton Rainville

Quebec commercial boutique law firm BGO-Legal announced that it has merged with Quebec law firm Dunton Rainville.  ... [read more]