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HTMLCourt Considers Unreasonably Withholding Consent under CAPL Operating Procedure in Precedent-Setting Decision
Laura M. Gill, Grant N. Stapon; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 15, 2014
In IFP Technologies (Canada) v Encana Midstream and Marketing, 2014 ABQB 470, the Court clarified for the first time the circumstances in which a party that waives its right of first refusal under Article 24 of the 1990 CAPL Operating Procedure may withhold its consent to a disposition of the...

 

HTMLGST/HST Joint-Venture Elections and Nominee Corporations
Douglas Chen, John (Jay) A. Winters; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 19, 2014
Joint-ventures (JVs) with nominee corporations or bare trustees that have been elected to account for the GST/HST of the JV should be aware of the period of CRA administrative tolerance expiring on January 1, 2015. This situation is often seen in the context of JVs for the development of real...

 

HTMLGST/HST Closely Related Entities Election†- New Filing Requirements
Douglas Chen, Jesse I. Goldman, John (Jay) A. Winters; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 18, 2014
If you are planning on adding a closely related GST group election in the new year (CRA Form GST25), you will now need to file it with the CRA. Further, any pre-2015 elections will also have to be filed before the end of 2015. Given the new filing requirements, this may be a good time to review...

 

HTMLFirst Convictions for the SFO under the Bribery Act 2010
Withers Bergman LLP;
Legal Alert/Article
January 22, 2015, previously published on January 6, 2015
The Serious Fraud Office ('SFO') has successfully prosecuted three individuals for a fraud worth approximately £23 million, including securing its first convictions under the Bribery Act 2010 ('BA'), which applies to conduct taking place on or after 1 July 2011. The fraud involved the sale of...

 

HTMLDonations to a Charity from Its Trading Subsidiary: Unlawful?
Withers Bergman LLP;
Legal Alert/Article
January 20, 2015, previously published on November 28, 2014
The Charity Commission has withdrawn its longstanding endorsement of donations to a parent charity that exceed the donating subsidiary’s distributable profits in light of a report by the Institute of Chartered Accountants in England and Wales.

 

HTMLTransparency International Corrupt Perceptions Index 2014
Withers Bergman LLP;
Legal Alert/Article
January 20, 2015, previously published on December 10, 2014
The NGO Transparency International has published its annual Corrupt Perceptions Index (‘CPI’) for 2014, measuring the perceived levels of public sector corruption in 175 countries worldwide. The index, one of the key indicators of worldwide corruption, focuses on perceived corruption...

 

HTMLJudicial Review Application Preserved in Transfer Pricing Penalty Case
Claire M.C. Kennedy; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on October 1, 2014
A recent Federal Court of Appeal (FCA) case illustrates how contentious transfer pricing disputes can be ¿ even one a taxpayer believed had been resolved! It also represents a rare situation in which the taxpayer’s application for judicial review, alleging abuse on the part of the...

 

HTMLRestoring the Duty of Care Analysis to Negligence Claims in Third-Party Proceedings
Codie L. Chisholm, Michael D. Mysak; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on May 5, 2014
The Alberta Court of Appeal has provided some helpful guidance on the scope of third-party claims in O’Connor Associates Environmental Inc v MEC OP LLC, 2014 ABCA 140, narrowing the scope and application of the decision of Canadian Natural Resources Limited v ArcelorMittal Tubular Products...

 

HTMLRevised CRA Policy Heralds Focus on Contemporaneous Transfer Pricing Documentation
Claire M.C. Kennedy; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on July 7, 2014
CRA released an updated transfer pricing memorandum, TPM-05R, Requests for Contemporaneous Documentation, in March, which describes the procedural aspects of transfer pricing documentation requirements in substantially more detail than its predecessor. The new policy document does not contain large...

 

HTMLLast Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law
J. Sébastien A. Gittens, Graeme S. Harrison, Martin P.J. Kratz; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on June 27, 2014
Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several registered charities under the Income Tax Act, however, had thought...

 


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