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Tax

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Tuesday, November 27, 2018 @ 9:24 AM

B.C. launches consultation, tipline on money laundering Jonathan Reilly

The government of British Columbia is continuing its crackdown on money laundering in the province’s gaming and real estate sectors, but a lawyer is saying issues with dirty money lie outside B.C.’s hot housing market. The province’s expert panel in money laundering is holding a public consultation on how to protect the province’s real estate sector from being infiltrated by criminal elements. ... [read more]

Monday, November 26, 2018 @ 9:49 AM

Too early to tell effectiveness of Canada’s anti-tax avoidance measures, says lawyer David Rofleisch, taxpage.com

The federal government is trumpeting its progress in combating tax avoidance, but a tax lawyer is saying the moves are in their infancy and the evidence is not there yet to suggest they are working. The Department of National Revenue said better tools and approaches in compliance activities are helping the government get more data to combat people who may not be paying their proper level of tax. ... [read more]

Wednesday, November 21, 2018 @ 5:31 PM

Ottawa moves to cut business taxes and red tape, boost corporate integrity in economic update

Federal Finance Minister Bill Morneau has announced three new tax changes of note to the bar, including accelerated depreciation for new business investments in capital assets, along with more funding for the federal Public Prosecution Service of Canada (PPSC), and the introduction next year of the first Annual Regulatory Modernization Bill that will update federal regulatory requirements while removing those deemed outdated or duplicative. ... [read more]

Monday, November 19, 2018 @ 9:43 AM

The Canadian condo vendor who wasn’t lots&lotsacondos_sm.jpg

A recent Tax Court decision serves as a cautionary tale regarding the obligation to obtain a statutory declaration or affidavit concerning the residence of the vendor and the conveyance of real estate. ... [read more]

Friday, November 16, 2018 @ 11:36 AM - Last Updated: Friday, November 16, 2018 @ 4:05 PM

SCC underscores federal courts’ obligation to vindicate official language rights at hearings Suzanne Cote

Violations of language rights in court will usually require a new hearing, even if the fairness of the hearing wasn’t affected, the Supreme Court of Canada directs in a far-reaching 9-0 judgment that underscores the obligation of Canada’s federal courts to vindicate language rights, including by providing timely and effective interpretation services to litigants, witnesses and counsel at hearings. ... [read more]

Friday, November 16, 2018 @ 8:34 AM

Mens rea for tax evasion: R v. Patry tax_evader_sm

In R v. Patry 2018 BCSC 1524 the Supreme Court of British Columbia reaffirms that the proper test for the mens rea analysis for tax evasion is a knowledge-based approach and found that Patry did not have the requisite mens rea for a tax evasion conviction. The reasoning reaffirms that for purposes of the tax evasion offence under para. 239(1)(d) of the Income Tax Act the requisite threshold for a finding of mens rea is relatively high. ... [read more]

Tuesday, November 13, 2018 @ 8:35 AM

CUSTOMS AND EXCISE - Dumping and subsidies - Review or rescission of determination

Motion by the respondents, the Canada Border Services Agency (CBSA) and the Attorney General of Canada, for an order striking the application for judicial review. ... [read more]

Wednesday, November 07, 2018 @ 3:12 PM

‘Massive’ budget implementation bill replete with legal measures of note to bar and clients Jan Borowy

The Trudeau government’s latest jam-packed budget implementation bill (Bill C-86), which is under scrutiny this week at the Commons Finance Committee, includes scores of proposed regulatory measures — many of them unheralded and deserving of lawyers’ attention. ... [read more]

Wednesday, November 07, 2018 @ 11:02 AM

Three new associates added to Robins Appleby team

Robins Appleby LLP announced that three associates have joined the Toronto firm, Noah Ciglen, Amanda Laren and Joseph Jamil. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]