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Wednesday, August 11, 2021 @ 12:30 PM

Harper Grey welcomes new associate

Harper Grey LLP announced that Faraz Ravanbakhsh has joined its commercial litigation and construction groups. ... [read more]

Wednesday, August 11, 2021 @ 8:12 AM

Alberta legislation on dower rights has not kept up with social, legal realities: law institute Laura Buckingham, Alberta Law Reform Institute

An obscure piece of legislation dating back to the First World War is under the microscope in Alberta. ... [read more]

Monday, August 09, 2021 @ 8:34 AM

A distinction between legal fees and expert’s fees Dollar sign beside written testimony

In most jurisdictions, an expert witness is not permitted to give opinion evidence at trial unless the party has served a report signed by the expert, which includes the substance of the expert’s proposed testimony, and the expert has been qualified as such at trial. The rationale behind this principle is to avoid trial by ambush and to ensure the subject matter of the expert’s testimony is appropriate. The fees of experts to prepare reports vacillate as much as the seven seas and are not subject to reduction based on the traditional distinction between substantial and partial indemnity costs. ... [read more]

Friday, August 06, 2021 @ 12:30 PM

FEDERAL INCOME TAX - Whether a business - Capital gains and losses - Principle residence

Appeal by the taxpayer from a Tax Court decision dismissing his appeal from reassessments. The appellant, a real estate agent, purchased three houses, demolished them, constructed new houses and then sold them between 2004 and 2010. ... [read more]

Friday, August 06, 2021 @ 8:55 AM - Last Updated: Friday, August 06, 2021 @ 10:53 AM

Court examines procedural fairness, ‘public interest doctrine’ in fight over parkland’s pending sale Jamie Simpson, Juniper Law

A group of public interest litigants is considering appealing a Nova Scotia court’s decision not to intervene in a case where the province secretly arranged to sell what had long been considered protected provincial parkland. ... [read more]

Thursday, August 05, 2021 @ 5:31 AM

PLANNING AND DEVELOPMENT - Building permits

Appeal by the City from a decision of a chambers judge granting the Architectural Institute a declaration that a decision of the City’s building inspector approving a permit for a building that was not compliant with the Architects Act was unreasonable. ... [read more]

Wednesday, August 04, 2021 @ 10:48 AM

Mandatory disclosure in Quebec, part three quebec flag close up

Veracel Inc. (Veracel) filed bankruptcy proceedings and stopped carrying on its medical equipment business in 2002. On July 6, 2004, Birchcliff was incorporated as 1116463 Alberta Ltd., which changed to Birchcliff Energy Ltd. At the end of 2004, Veracel had a number of tax attributes, including $16,226,489 of its losses, expenses for scientific research activities, experimental development and investment tax credits as those of non-capital losses other than capital losses for its 2006 taxation year. ... [read more]

Tuesday, August 03, 2021 @ 10:07 AM

Court ‘clarifies’ standard of review for jury decisions on damages in wrongful death: counsel Luke Hamer, Smitiuch Injury Law

The Ontario Court of Appeal has dismissed multiple appeals from a landlord ordered to pay damages after a tenant died in a fire, in a decision, counsel said, that “sets a new benchmark for Family Law Act damages.” ... [read more]

Tuesday, August 03, 2021 @ 9:32 AM

REAL PROPERTY TAX - Land transfer tax - Foreign buyers tax

Appeal by Li from the dismissal of her action that challenged the constitutionality of amendments to the Property Transfer Tax Act. The amendments imposed an additional transfer tax on foreign purchasers of residential property in specified areas of the province where foreign demand was shown to contribute to rising prices. ... [read more]

Friday, July 30, 2021 @ 10:47 AM

Mandatory disclosure in Quebec, part two quebec flag close up

Guy Gervais, the appellant, and his brother Mario were shareholders in Vulcain Alarme Inc. (Vulcain) until 2002 (Gervais v. Canada 2018 FCA 3). At this time, they both received an offer to purchase from an arm’s length corporation, BW Technologies Ltd. The offer to purchase was accepted on or prior to Sept. 22, 2002, with the share capital, including 790,000 class “A” common shares, held by the appellant. With the knowledge that a sale was imminent, Gervais and his spouse sought advice from a law firm with respect to the tax implications of the planned sale and for advice on the transfer of $1 million from proceeds to Guy Gervais’s spouse Ms. Gendron in recognition of  her contribution over the years. ... [read more]