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Friday, October 27, 2017 @ 1:33 PM

NEGOTIABLE INSTRUMENTS AND BILLS OF EXCHANGE - Bills, cheques and notes - Liabilities of parties

Appeal by Teva Canada Limited (Teva) from a judgment of the Ontario Court of Appeal setting aside a decision concluding that the respondent banks were liable for conversion. ... [read more]

Friday, October 27, 2017 @ 8:52 AM

New tax proposals: Sprinkling income, family members and private corporations family_income_sm

Ninety days was the time between the federal tax proposals of July 18 and the October 16 announcement that the small business tax rate was being reduced from 10.5 per cent to 9.0 per cent, and the draconian income sprinkling rules were being simplified. On the latter issue, the strategy concerns sprinkling income among family members using private corporations. ... [read more]

Friday, October 27, 2017 @ 8:45 AM

Financial experts divided on new national securities regulator Harvey Naglie

Plans to launch a new securities regulator next year are both premature and flawed, according to a new report from the C.D. Howe Institute in Toronto. In its current form the proposed Capital Markets Regulatory Authority (CMRA) is significantly compromised and lacks the clout to unilaterally impose its authority across the country, a fundamental necessity of a single regulator, author Harvey Naglie argues in his report, “Not Ready for Prime Time: Canada’s Proposed New Securities Regulator.” ... [read more]

Friday, October 27, 2017 @ 8:35 AM

Early evidence gathering helps with challenge of proving workplace sexual harassment

Successfully proving sexual harassment is a highly difficult task for any seasoned lawyer. In the civil context, the complainant bears the onus of proving that the sexual harassment occurred on a balance of probabilities. While this is a far less rigorous evidentiary standard than in the criminal context, convincing an adjudicator that unwelcome sexual harassment more likely than not occurred is, in most cases, far from a slam dunk. ... [read more]

Friday, October 27, 2017 @ 8:28 AM

CONTRACTS WITH CROWN - Formation - Request for proposals

Application by the Crown for judicial review of a decision by the Canadian International Trade Tribunal (Tribunal) in favour of the respondent, Springcrest. ... [read more]

Thursday, October 26, 2017 @ 1:40 PM

McLennan Ross adds member in Yellowknife

Western Canadian business law firm McLennan Ross LLP has hired an a new associate for its Yellowknife office. ... [read more]

Thursday, October 26, 2017 @ 11:42 AM

Major concerns raised about Canada’s ‘overbroad, confusing’ anti-spam legislation Martin Kratz, Bennett Jones LLP

Parliamentarians are conducting a review of Canada's anti-spam legislation (CASL), and some legal experts say the law needs a major revamp to address concerns about its clarity and focus. ... [read more]

Thursday, October 26, 2017 @ 8:50 AM

Proposed legislation to boost consumer protection for new homebuyers home_warranty_sm

The Ontario New Home Warranties Plan has been in effect for more than 40 years. The present system has given rise to persistent complaints of an appearance of conflict of interest. On the one hand, Tarion is the authority that registers builders and thereby gives them permission to operate. On the other hand, it is responsible for adjudicating disputes between those same builders and the owners of newly constructed homes under a warranty claim. ... [read more]

Wednesday, October 25, 2017 @ 2:27 PM

MLT Aikins hires three associates for Winnipeg office

There are three new associates in the Winnipeg office of MLT Aikins. ... [read more]

Wednesday, October 25, 2017 @ 9:01 AM

Copyright Act review: Netflix, free streaming and the ‘monkey selfie’ copyright_review

It has been a relatively quiet year for copyright law in Canada, but it is ending with a relative bang with the statutory five-year review of the Copyright Act and the Creative Canada initiative. This article will take a brief look at both developments primarily through the lens of a lawyer who represents creators. ... [read more]