In-House Counsel

Wednesday, October 17, 2018 @ 9:04 AM

As of Oct. 17, the production, sale and recreational use of cannabis will be legal, if heavily regulated. Legalization begets taxation; consequently, a new regulatory regime in respect of the taxation of cannabis also applies to sales of the product. This article provides a short overview of the general tax, duty and mark-up regimes that will apply to the sale of cannabis products as of the legalization date. ... [read more]

Wednesday, October 17, 2018 @ 8:36 AM

While we usually associate flowers with spring, the budding cannabis industry will be flowering this fall. With legalization of adult-use cannabis now finally implemented, market participants will continue their race to obtain and increase their share of the burgeoning market sector. ... [read more]

Tuesday, October 16, 2018 @ 11:01 AM

The government of Ontario recently introduced Bill 36, the Cannabis Statute Law Amendment Act. If passed, Bill 36 will enact the Cannabis Licence Act, 2018 and make numerous amendments to other Ontario laws, including the Cannabis Act, 2017, the Ontario Cannabis Retail Corporation Act, 2017, and the Smoke-Free Ontario Act, 2017. ... [read more]

Tuesday, October 16, 2018 @ 9:41 AM

Abuse of the judicial system is not a novel phenomenon and remains highly problematic for parties that have to deal with it. In 2009 and again in 2015, the Quebec legislature added provisions to the Code of Civil Procedure giving courts the power to sanction abuse of process. It can nevertheless be difficult for a party to prove abuse of process or similar improper conduct by the adverse party. This is especially true when the latter is able to contest the communication of relevant evidence on the grounds of professional secrecy or litigation privilege. ... [read more]

Monday, October 15, 2018 @ 11:16 AM

Women lawyers are uniquely positioned to take a seat at the boardroom table as corporate boards slowly start to seek greater diversity. ... [read more]

Monday, October 15, 2018 @ 9:36 AM

Canadians are gearing up for Oct. 17, 2018, a date that will forever be remembered by generations to come. Whether you are a consumer wanting to blaze legally, a firm believer in medical marijuana, a liberal who believes in the freedom of choice or a dealer wanting to earn a buck above board, this movement has brought Canadians together with excitement and anticipation. ... [read more]

Thursday, October 11, 2018 @ 10:58 AM

The new USMCA trilateral trade deal struck last week between the United States, Canada and Mexico that is set to replace NAFTA lifted the uncertainty that the partners could come to a mutually beneficial understanding after 13 months of negotiations. ... [read more]

Thursday, October 11, 2018 @ 8:22 AM

The recent decision of the Tax Court of Canada in Alta Energy Luxembourg S.A.R.L. v. Canada 2018 TCC 152, reaffirms the right of a taxpayer to rely on the original intent behind government policies and confirms that commercial realities should be considered in interpreting tax treaties. Further, the court held that structuring ownership through a fiscal resident of a country with a favourable tax treaty is not, per se, an abuse or misuse of a tax treaty in the absence of some explicit further requirement in the treaty. ... [read more]

Tuesday, October 09, 2018 @ 2:08 PM

In Vancouver Drydock Co. v. Marine Workers and Boilermakers Industrial Union, Local 1 (C.L. Grievance) [2018] B.C.C.A.A.A. No. 34, a recent decision from British Columbia labour arbitrator David McPhillips, the arbitrator held that the fact that an employee reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs. ... [read more]

Friday, October 05, 2018 @ 1:03 PM

What is an employer to do when they receive an application from someone that they know, or suspect, was previously outed as a sexual harasser? ... [read more]