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Friday, November 17, 2017 @ 10:52 AM

Tax Views: Light shone on offshore trusts should be a red flag to lawyers and accountants | Vern Krishna

The release of 13 million documents in the so-called “Paradise Papers” has put offshore trusts in the limelight once again. Regardless of their legality and utility, the very mention of the word “offshore” conjures up images of secrecy, and improper tax evasion by high net worth individuals, trusts and multinational corporations, with calls for more money by the Canada Revenue Agency to conduct more audits in exotic jurisdictions. ... [read more]

Friday, November 17, 2017 @ 9:11 AM

'Reasonable investigation' defence under Securities Act considered by Ontario court

The Ontario Court of Appeal has provided guidance on the evidentiary onus placed on defendants raising the “reasonable investigation” defence at the leave stage of securities litigation. In Rahimi v. SouthGobi Resources Ltd., the court also cautions judges not to treat leave motions like mini-trials. ... [read more]

Friday, November 17, 2017 @ 9:03 AM

Federal Court of Appeal finds trademark infringement in flap over Swiss flag logo Bill Northcote, Shibley Righton LLP

A Canadian luggage company has been dealt a blow after the Federal Court of Appeal ruled several of its logos would be “likely to cause confusion” with the trademark of a Swiss company specializing in goods marked with a symbol resembling the cross on the Swiss flag. ... [read more]

Thursday, November 16, 2017 @ 3:13 PM

Dentons unveils in-house counsel consulting service

Dentons has launched Nextlaw In-House Solutions, a strategic consulting service, with more than 50 former general counsel across the globe ready to provide integrated, multidisciplinary solutions to in-house counsel. ... [read more]

Thursday, November 16, 2017 @ 8:36 AM

How one B.C. employer dealt with a self-represented litigant

In a recent B.C. Supreme Court case, Hall v. Trueblue (c.o.b. Labour Ready) 2017 BCSC 2004, a self-represented litigant named Tammy Kay Hall filed a brief notice of civil claim against her former employer alleging she had been “wrongfully terminated due to disability and no notice provided.” ... [read more]

Wednesday, November 15, 2017 @ 9:17 AM

How NAFTA renegotiation will affect trademarks and patents canadian_patent_sm

Canada’s participation in international trade agreements has a history of strengthening national intellectual property (IP) protections. Will the renegotiation of the North American Free Trade Agreement (NAFTA) present similar opportunities for the Canadian patent and trademarks regime? The Trump administration’s May 2017 announcement of the United States’ intent to renegotiate the 23-year old NAFTA pact has led to speculation that an evolution in Canada’s IP legislation may be on the horizon. ... [read more]

Monday, November 13, 2017 @ 9:18 AM

Parliament’s review of Canada’s anti-spam law: What we can expect

The House of Commons Industry Committee is currently wrapping up its expedited statutory review of Canada’s anti-spam law (CASL). The committee’s fast-tracking of this file is likely the result of attention earlier this year surrounding the projected coming into force (on July 1) of CASL’s private right of action (PRA) — and its suspension pending the review. ... [read more]

Monday, November 13, 2017 @ 8:48 AM

Decision highlights CRA’s overzealous tax litigation policy | Julius Melnitzer

Sometimes, litigants get so caught up in zealotry that they lose sight of basic underlying factors. That, perhaps, is part of the cost of the adversarial system. But when the zealot is the Crown in a country that faces vexing issues of delays in the court system and access to justice in general, some questions should be asked. ... [read more]

Thursday, November 09, 2017 @ 8:40 AM

Lawyers cautioned on the professional risks of syndicated mortgages

On October 24, 2017, the Law Society of Upper Canada issued a notice to lawyers concerning syndicated mortgages and syndicated mortgage investments. ... [read more]

Thursday, November 09, 2017 @ 8:23 AM

Lots of smoke and mirrors with release of Paradise Papers paradise_papers_sm

On November 5, a treasure trove of documents related to offshore investment activities of the wealthy – the Paradise Papers – was made public. The Paradise Papers involves a set of 13.4 million confidential documents which provide some insight into how the rich stash their money away in complicated offshore arrangements and avoid paying taxes. But is doing what you can to avoid paying taxes a bad thing? ... [read more]