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Friday, February 08, 2019 @ 10:30 AM

The pros and cons of baseball arbitration baseball_money_sm

While baseball arbitration was originally applied to labour disputes, this form of arbitration has some application in certain types of commercial disputes under the International Commercial Arbitration Act of most Canadian jurisdictions. ... [read more]

Thursday, February 07, 2019 @ 2:38 PM

Domestic or sexual harassment leaves: A natural evolution Womanwithblackeye

As the #MeToo movement went viral at the end of 2017, workplaces across the country took note. Times were changing, and employers needed to embark on a new era of workplace policies and conduct — whether or not they were ready for it. ... [read more]

Thursday, February 07, 2019 @ 10:33 AM

Scoring work authorization: Immigration for athletes lemar_derozen_sm

When Chris Bosh and DeMar DeRozan played for the Toronto Raptors, they needed work permits. But now when they come to play against the Toronto Raptors, they enter as visitors. ... [read more]

Thursday, February 07, 2019 @ 9:51 AM

Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI TLD Exclusive

Richard Wagner, Canada’s reform-minded top judge, has already overseen changes at the three major legal institutions he leads — the Supreme Court of Canada, the Canadian Judicial Council (CJC), and the National Judicial Institute (NJI) — and there are more changes to come, he advises in a wide-ranging exclusive interview. ... [read more]

Tuesday, February 05, 2019 @ 9:08 AM

Cameco tax case: A story of profit and loss at arm’s length global_transfer_sm

It was a landmark transfer pricing case. The Canada Revenue Agency (CRA) had reassessed the taxpayer, Cameco Corporation, one of the world’s largest producers and suppliers of uranium, for additional income from sales of uranium to and from its foreign affiliates. If CRA had been successful in this and reassessed Cameco in the same manner for its 2003 to 2017 tax years, Cameco would have faced total taxes and penalties of around $2 billion. ... [read more]

Monday, February 04, 2019 @ 9:11 AM

Oppression Remedy: A structured approach to determining level of harm unfair_fight_sm

As I explained in part one of this series, the oppression remedy is easy to claim but the breadth of the language and the fact-based nature of the remedy present challenges. As a result, maintaining a clear set of rules applicable to the oppression remedy and predicting the outcome of an oppression case can be difficult. ... [read more]

Friday, February 01, 2019 @ 12:49 PM

Proposed Canadian bill addresses modern slavery child labour

Modern slavery is not just an international issue, it’s a Canadian one as well. Over 1,200 companies operating in Canada could be importing products made by children or forced labourers according to a 2016 World Vision report. That represents over $34 billion in everyday goods like clothing, food and smartphones. Having transparent supply chains is now a focus for the federal government.   ... [read more]

Friday, February 01, 2019 @ 8:34 AM

Tenancy in common offers oil and gas joint ventures little protection oilandgas_business_sm

Oil and gas contracts in the joint venture context often provide that parties own assets as “tenants in common” (see for example the Canadian Association of Petroleum Landmen Operating Agreements). In addition, the default position under the Law of Property Act, RSA 2000, c L-7 is that co-owners of property hold their interests as tenants in common (s. 8), unless the parties vary the relationship by contract. ... [read more]

Thursday, January 31, 2019 @ 5:18 PM

SCC rules bankrupt oil firm’s assets must meet provincial cleanup obligations ahead of paying secured creditors  Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 5-2 that the trustee of a bankrupt Alberta oil and gas company must first use the money in the bankrupt’s estate to satisfy provincial requirements to remediate the company’s disowned non-producing oil and gas assets, ahead of making payments to the company’s creditors in line with the federal Bankruptcy and Insolvency Act (BIA). ... [read more]

Thursday, January 31, 2019 @ 2:03 PM

Time to expand analysis of the merits in all class actions classaction_arrow_sm

Class actions are complicated and expensive. They carry significant risk. As a result, the vast majority of class actions settle prior to trial, and a substantial proportion settle relatively soon after a successful certification motion. Because parties are generally unwilling to fight a matter through trial, the certification motion becomes the inevitable battleground for disputes. ... [read more]