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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...

 

HTMLRescission: Another Remedy to Address Unintended Tax Consequences
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on January 6, 2015
While the equitable remedy of rectification is often sought as a means to address unintended tax consequences, rescission is also an available remedy in the appropriate cases. The British Columbia Supreme Court’s decision in Re 0741508 BC Ltd and 0768723 BC Ltd, 2014 BCSC 1791, is an example...

 

HTMLSupreme Court to Clarify the Liability of Canadian Corporations for Acts of their Foreign Affiliates
Alison J. Gray, Justin R. Lambert, David J. Wahl; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 11, 2014
The Supreme Court of Canada today heard argument in a case that will clarify whether a judgment obtained in a foreign country against a foreign corporate entity can be enforced in Canada against a Canadian affiliate of that foreign entity, even when the Canadian affiliate was not party to the...

 

HTMLDirectors Need to Meet High Standard to Avoid Liability
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 16, 2014
The Tax Court of Canada again confirmed that directors of corporations will have a high burden to meet to establish a due diligence defence and avoid liability for unremitted source deductions.

 

HTMLCRA Required to Reassess in Accordance with Terms of Settlement
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on July 25, 2014
The recent decision in Bolton Steel Tube Co. Ltd. v. The Queen, 2014 TCC 94, confirms that the CRA is required to reassess a taxpayer in accordance with terms of settlement. In its decision, the Tax Court provides useful commentary on the principles surrounding settlement agreements and subsequent...

 

HTMLRoitelman: Director Not Liable where Employee Engages in Deceit
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on July 20, 2014
The Tax Court of Canada recently considered whether a director could establish a due diligence defence with respect to unremitted source deductions where the responsibility for remittance lay with an employee in Roitelman v. The Queen, 2014 TCC 139.

 

HTMLSupreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on July 11, 2014
On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in Nation v British Columbia, 2014 SCC 44: provinces are able to...

 

HTMLCRA Owes a Duty of Care to Taxpayers
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on July 14, 2014
While taxpayers have initiated a number of civil claims against the CRA, alleging everything from negligence to fraud, these claims are rarely successful, as courts have traditionally been reluctant to ascribe any duty of care to the CRA. However, the British Columbia Supreme Court’s decision...

 

HTMLSupreme Court of Canada to Decide if a Lawyer Subject to Enforcement Proceedings can Claim Solicitor-Client Privilege
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on March 13, 2014
The Supreme Court of Canada recently granted leave to appeal in Minister of National Revenue v Duncan Thompson, 2013 FCA 197, which touches on the issue of whether a lawyer subject to enforcement proceedings can claim solicitor-client privilege over his accounts receivable.

 

HTMLFurther Cause for Alarm for Canadian Corporations with Foreign Operations
Alison J. Gray, Justin R. Lambert; Bennett Jones LLP;
Legal Alert/Article
January 14, 2015, previously published on January 27, 2014
We last wrote in July 2013 about Choc v Hudbay Minerals Inc., 2013 ONSC 1414, a decision which seemed to signal an increased willingness by an Ontario court to assume jurisdiction in a case of alleged wrongdoing by a foreign subsidiary of a Canadian corporation in a foreign country.

 


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