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Wednesday, January 30, 2019 @ 8:25 AM

Oppression Remedy: The two-step BCE Test explained unfair_fight_sm

The oppression remedy is easy to claim. A claimant must only meet the low bar of unfairness. As it appears to arise from any unwelcome conduct, and the breadth of the statutory language makes it easy to apply to a broad range of conduct, it can be appended to any corporate misconduct claim. It is typically used in actions involving closely held corporations. ... [read more]

Tuesday, January 29, 2019 @ 12:55 PM

#BellLetsTalk about practical mental health help for lawyers | Sarah Molyneaux

Talking about mental health issues in the legal profession is important. Lawyers still feel ashamed about admitting to any weakness. We still hesitate to ask for help or take time for real self-care. But, as we talk more about mental health, it’s becoming clearer that just talking about these issues isn’t enough. ... [read more]

Tuesday, January 29, 2019 @ 9:02 AM

New immigration options flowing from CPTPP immigration_approved_sm

On Dec. 30, 2018, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) came into force, opening new avenues for immigration for citizens of member countries. ... [read more]

Monday, January 28, 2019 @ 9:37 AM

Feds consulting on changes to ‘unfair’ salary overpayment policy David Rotfleisch, taxpage.com

The federal government is proposing changes to tax rules so people who receive a salary overpayment will only have to pay back the net amount to their employer, a move experts are calling long overdue. ... [read more]

Monday, January 28, 2019 @ 9:31 AM

Elder care and the newest tort elder_helper_sm

When I first read the news item regarding the five Manitoba families that had launched litigation against a retirement home health care corporation, I thought immediately about my own experience as a son, and a son-in-law dealing with aging and infirm loved ones. I also thought of my mediation practice where these kinds of cases are starting to trickle in and thinking about the litigation setting. ... [read more]

Friday, January 25, 2019 @ 9:44 AM

When to protect tax information as legal advice combination_safe_sm

In Canada (MNR) v. Atlas Tube Canada ULC 2018 FC 1086 [Atlas Tube] the Federal Court held that the Canada Revenue Agency was entitled to receive an accounting due diligence report undertaken by a taxpayer in the context of a 2012 corporate acquisition. In doing so the Federal Court took an expansive view of the field of taxpayer information available to the CRA, implicitly underscoring an important advantage that lawyers bring to multidisciplinary teams working on corporate transactions, namely solicitor-client privilege. ... [read more]

Thursday, January 24, 2019 @ 10:20 AM

SCC to look at constitutionality of genetic discrimination ban nixed by ex-AG Canada but supported by new AG David Lametti

Canada’s new Attorney General David Lametti voted to create a federal ban on genetic discrimination two years ago that the then-Attorney General, Jody Wilson-Raybould, vigorously argued — and the Quebec Court of Appeal later agreed — is not a constitutionally valid exercise of Ottawa’s criminal law power. ... [read more]

Thursday, January 24, 2019 @ 9:22 AM

The remote workforce: Tax perks, pitfalls and prevention remote_employee2_sm

According to the most recent Statistics Canada report on the subject (2010), more than 1.7 million Canadians worked from home in 2008 at least once a week, an increase of almost 23 per cent from 1.4 million in 2000. Certainly, this number has continued to grow and many of those Canadians working from home offices are working for American companies. ... [read more]

Thursday, January 24, 2019 @ 9:04 AM

How B.C. aims to protect temporary foreign workers | Colin Singer

British Columbia has recently announced plans to boost protection of its nearly 50,000 temporary foreign workers in the province. ... [read more]

Tuesday, January 22, 2019 @ 10:29 AM - Last Updated: Tuesday, January 22, 2019 @ 11:20 AM

Ottawa’s public directive on litigation in Indigenous cases aims to hold Crown to account on reconciliation: DOJ Karenna_Williams

​​​Indigenous law practitioners say the Attorney General of Canada’s recently unveiled directive to federal Crown lawyers mandating a “significant shift” in Indigenous litigation could assist their clients — especially if judges push Department of Justice (DOJ) counsel to walk Ottawa’s talk. ... [read more]