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HTMLLand Use Regulation And The Railroads: Who's In Charge?
Diane W. Whitney; GrayRobinson P.A.;
Legal Alert/Article
February 13, 2015, previously published on January 12, 2015
You can practice land use law in Connecticut for a long time and never run into a question about the preemption of local regulations by federal railroad law, but when you do run into such an issue, it can be confusing for all involved.

 

HTMLRectification is About Intention - Not Interpretation
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 29, 2015, previously published on January 20, 2015
The Ontario Superior Court of Justice recently granted rectification in a case in which the CRA and the taxpayer differed in their interpretation and effect of a particular document. In Kaleidescape Canada Inc et al v Computershare Trust Company of Canada et al, 2014 ONSC 4983, the Court was asked...

 

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.

 

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...

 

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...

 

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.

 

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...

 

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...

 


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