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Tuesday, March 17, 2020 @ 9:17 AM

‘Limited practitioners’ needed for access to justice in Manitoba, says official Kris_Dangerfield_sm

With the ever-increasing costs of legal services placing the hiring of lawyers beyond reach for more and more people, Manitoba’s law society is welcoming proposed legislation that would allow for “limited practitioners” in that province. On March 9, Justice Minister Cliff Cullen announced proposed amendments to the province’s Legal Professions Act which, if passed, will pave the way for the Law Society of Manitoba (LSM) to designate a category of non-lawyers and allow them to provide a limited scope of legal services. ... [read more]

Tuesday, March 17, 2020 @ 8:37 AM - Last Updated: Tuesday, March 17, 2020 @ 11:23 AM

Wellness: How we can weather COVID-19 crisis | Darryl Singer

COVID-19 has us all on the edge of our seats. What does it mean for our clients’ interests, the administration of justice, our health, our profession, our income, our families? ... [read more]

Monday, March 16, 2020 @ 12:46 PM - Last Updated: Wednesday, March 18, 2020 @ 12:42 PM

Federal Court announces interim measures

Having regard to developments since the Federal Court issued a communication on Friday March 13, the court announced that it will further restrict the scope of its operations in the coming weeks. ... [read more]

Monday, March 16, 2020 @ 8:45 AM

Grace period for U.S. citizens is over: Big Brother is watching george_washington_sm

Canadian banks operating in Canada have been facing a big headache because of a U.S. law called FATCA and that ache may just get much worse. ... [read more]

Friday, March 13, 2020 @ 5:38 PM

SCC affirms that forward contract was hedge; taxpayer’s intention is determined objectively Rosalie Silberman Abella

In a tax case of note to those engaged with the country’s multitrillion-dollar derivatives market, the Supreme Court of Canada has established a test for deciding whether a derivative instrument is a “hedge” for purposes of determining the income tax treatment of gains or losses. ... [read more]

Friday, March 13, 2020 @ 1:49 PM

FEDERAL INCOME TAX - Capital gains and losses - Allowable capital losses

Appeal by MacDonald from a decision of the Federal Court of Appeal holding that Cash Settlement Payments made by MacDonald under a forward contract were capital losses and not income losses, and therefore not deductible on his tax return against income from other sources. ... [read more]

Friday, March 13, 2020 @ 1:47 PM

Clarity for limited partnerships and foreign buyers’ tax? Budget update Wooden house

On Feb. 18, the government of B.C. introduced its 2020 provincial budget. Included in the budget is a new exemption from the additional property transfer tax, commonly known as the “foreign buyers’ tax,” which will be available for qualifying Canadian-controlled limited partnerships. ... [read more]

Thursday, March 12, 2020 @ 1:53 PM

Canadian tax basis bump: An introduction for non-tax practitioners Tax planning

The Canadian tax “bump” allows the cost basis of certain corporate assets to be increased, under certain conditions, to their fair market value. This may facilitate an internal reorganization or a potential sale of the bumped assets to a third party on a tax-free basis, making the bump a valuable planning tool. ... [read more]

Tuesday, March 10, 2020 @ 1:27 PM - Last Updated: Thursday, March 12, 2020 @ 9:19 AM

Pluralism in public law shouldn’t be a cover for pursuing judicial preferences: Fed CA Judge Stratas Justice David Stratas

Federal Court of Appeal Justice David Stratas cautions that judges should not develop public law to suit their own personal policy preferences, under the guise of engaging in legal “pluralism.” The judge, a leading thinker on administrative law in Canada, said he shares what he described as University of Ottawa law professor Paul Daly’s perspective that well-established legal doctrine is not “an inconvenient obstacle to progress” ... [read more]

Tuesday, March 10, 2020 @ 1:21 PM

Advising international charities while staying on CRA’s good side Donating money

It is a credit to the profession that lawyers around the country volunteer so much of their professional time to charities. In this context, we are often called upon to advise charities on the nature of their obligations when operating internationally. Therefore, lawyers must be aware of the lay of the land if they are to properly advise their clients. ... [read more]