March 23, 2017
On March 22, 2017 the Minister of Finance introduced Canada’s 2017 Federal Budget (2017 Budget). Despite persistent rumours, no change was proposed to the capital gains inclusion rate. The 2017 Budget does include a mix of targeted anti-avoidance rules, legislative responses to recent jurisprudence, and other narrow changes to address perceived problems in the existing provisions of the Income Tax…
February 8, 2017
As part of our series on current trends across different industries, we look at what’s on the horizon for banking in 2017.
November 28, 2016
In two decisions released on November 25, 2016, the Supreme Court of Canada (SCC) affirmed the fundamental importance of litigation privilege and solicitor-client privilege. In Lizotte v. Aviva Insurance Company of Canada (Lizotte), the SCC dealt with issues relating to the breadth of litigation privilege and confirmed that it exists as a stand-alone privilege under Quebec law, while in Alberta…
October 31, 2016
Canada’s public-sector entities include all levels of government, Crown corporations, government agencies, boards and commissions, public utilities, and a wide variety of public institutions, including hospitals and educational institutions. When engaging with the public sector, additional legal requirements and practical matters need to be considered, above and beyond the usual legal and commercial issues encountered in private transactions.
October 18, 2016
In Haas v. Gunasekaram (Haas), the Court of Appeal for Ontario clarified the test for staying court proceedings under section 7(1) of the Ontario Arbitration Act and emphasized that courts should enforce arbitration agreements where possible. In so doing, it reversed a lower court’s decision and stayed the plaintiff’s action. FACTS The plaintiff entered into a shareholders’ agreement relating to…
September 20, 2016
Many fintech companies collect and process vast amounts of data in order to provide financial services quickly and inexpensively. Much of this data is highly sensitive personal information such as date of birth, social insurance number, bank account details, online banking credentials and credit score. The sheer volume of the information increases its sensitivity because over time a fintech company…
September 6, 2016
The simplest way to understand blockchain is to think of it as a vast digital ledger (or database) of transactions or information that is shared among millions of computers, or other devices connected to the Internet.
May 31, 2016
Section 8 of the Interest Act (Canada) (Section 8) prevents lenders from charging a higher rate of interest after default on a mortgage of real property than that charged prior to default. In other words, if a mortgage with a rate of interest of five per cent during its term is increased to 10 per cent should the borrower fail…
May 20, 2016
In Redwater Energy Corporation (Re) (Redwater Energy), the Court of Queen’s Bench of Alberta (Court) held that certain sections of the Oil and Gas Conservation Act (OGCA) and Pipeline Act (PA) are inoperative to the extent that they are used by the Alberta Energy Regulator (AER) to prevent the abandonment or renunciation of an insolvent debtor’s assets by a court-appointed…