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Thursday, October 11, 2018 @ 10:58 AM

Diving deep into the how and what now of the USMCA usmca_trade_sm

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

Courts won’t rewrite tax treaties negotiated by the government tax_treaty_sm

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

B.C. arbitrator: Worker drug and alcohol testing must be assessed separately urinetest_sm.jpg

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

Is there employment life after #MeToo? | Stuart Rudner

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]

Thursday, October 04, 2018 @ 9:33 AM

Arbitrator can ignore evidence when deciding an award weigh_evidence_sm

Parties to an arbitration often believe that the failure by an arbitral tribunal to address evidence or take evidence into account amounts to a serious irregularity, allowing a court to set the award aside. The short answer to the question is that a failure to address evidence or take evidence into account in an award will almost never amount to a serious irregularity. ... [read more]

Thursday, October 04, 2018 @ 9:09 AM

Construction Act: What you need to know about the amendments construction_lien_sm

In December, 2017, the Ontario Government passed Bill 142 (Construction Lien Amendment Act, 2017, SO 2017, c 24) to amend the Construction Lien Act (RSO 1990, c C30) (the “Act”). The amendments that have been made to the Act are extensive and substantial, and they both modify and expand upon the Act. This is reflected in the name of the Act being changed to the Construction Act. ... [read more]

Wednesday, October 03, 2018 @ 8:35 AM

Federal Court won’t allow CRA ‘fishing expedition’ fishing_expedition_sm

The Canada Revenue Agency has broad powers to administer and enforce Canada’s tax laws. In the context of a tax audit, the CRA can gather information by inspecting a taxpayer’s books and records and can require taxpayers and third parties to provide information and documents. While these powers are extensive, it must be recalled that the CRA’s powers are defined by provisions of the Income Tax Act and the Excise Tax Act, and the courts are empowered with interpreting this legislation. ... [read more]

Tuesday, October 02, 2018 @ 12:01 PM

All eyes on consequences of facial recognition technology facial_recognition_sm

Facial recognition has quickly developed from a crude platform to a sophisticated technology with a wide range of uses in the private sector. Individuals can now unlock their phone and pay for products with their face. Similar algorithms allow for your face to act as a ticket to an event and have been tested to spot shoplifters. ... [read more]

Thursday, September 27, 2018 @ 9:01 AM

Courts clarify seizure of data unrelated to that authorized in search warrant digital_net_sm

Search warrants treat data like spoiling fish and impose detention limits including regular, post-seizure oversight by the courts. Articles 132 and 133 of Quebec’s Code of Penal Procedure (CPP) combine to limit detention of seized devices to 180 days. The investigating authority may apply for an extension provided it does so within the 180 days and proves that further detention is necessary due to (a) the complexity of the evidence or (b) the difficulty of examining the devices seized. In such applications to extend detention, the legality of the seizure is not in question. ... [read more]

Thursday, September 27, 2018 @ 8:55 AM

PRACTICE BY UNAUTHORIZED PERSONS - Suspended or disbarred lawyers

Application by the Law Society of Ontario for a statutory injunction to restrain the respondent Leahy from engaging in the practice of law and the provision of legal services without a licence. ... [read more]