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Client Update – New Planning Opportunities For ULCs

The Canada Revenue Agency (“CRA”) announced helpful administrative positions concerning the new rules under the Fifth Protocol to the Canada-US Income Tax Convention, 1980 which will come into effect on January 1, 2010. The CRA “Round Table”, held on November 24, 2009 as part of the Canadian Tax Foundation’s annual conference, provided a forum for CRA to provide its views on a variety of issues, including planning alternatives to manage certain changes under the Fifth Protocol.

For more information, please download a copy of this Client Update.

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How much is too much?: Disclosure in multiple accident litigation in English v House, 2017 NLTD(G) 93

June 14, 2017

Joe Thorne and Jessica Habet How far can an insurer dig into the Plaintiff’s history to defend a claim? And how much information is an insurer entitled to have in order to do so? In English v.…

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Client Update: Court of Appeal confirms accounting firms may take on multiple mandates for the same company

June 14, 2017

Neil Jacobs, QC, Joe Thorne and Meaghan McCaw The Newfoundland and Labrador Court of Appeal recently confirmed that accounting/auditing firms may take on several mandates in respect of companies that may or do become insolvent in Wabush Hotel Limited…

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Negligence claims in paper-only independent medical examinations: Rubens v Sansome, 2017 NLCA 32

June 13, 2017

Joe Thorne and Brandon Gillespie An independent medical examination (“IME”) is a useful tool for insurers. An IME is an objective assessment of the claimant’s condition for the purpose of evaluating coverage and compensation. Where a…

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Client Update: Mental injury? Expert diagnosis not required

June 12, 2017

On June 2, 2017 the Supreme Court of Canada released its decision in Saadati v. Moorhead, 2017 SCC 28, clarifying the evidence needed to establish mental injury. Neither expert evidence nor a diagnosed psychiatric illness…

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Client Update: Proposed reform of Ontario’s labour and employment statutes

May 30, 2017

Mark Tector and Annie Gray This morning, May 30, 2017, Ontario Premier Kathleen Wynne announced her government’s intention to introduce sweeping legislative reform of labour and employment laws. If passed, the proposed Fair Workplaces, Better Jobs Act, 2017 would…

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Get ready: CASL’s consent grace period ends July 1, 2017

May 19, 2017

Canada’s Anti-Spam Law (“CASL”) is a federal law in force since July 1, 2014, aimed at eliminating unsolicited and malicious electronic communications and requires organizations to comply with specific consent, disclosure and unsubscribe requirements when…

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Nothing fishy here: Federal Court dismisses application for judicial review in PIIFCAF case

May 18, 2017

Jennifer Taylor Introduction Kirby Elson had been fishing in Newfoundland and Labrador for about 50 years when the policy on Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries (“PIIFCAF”) was introduced in…

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Client Update: The Cannabis Act – Getting into the Weeds

May 9, 2017

Rick Dunlop, David Randell, Christine Pound, Sadira Jan and Kevin Landry The federal government’s introduction of the Cannabis Act, the first step in the legalization of marijuana (or cannabis), has understandably triggered a wide range of reactions in the Canadian business…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – Amendments to the Occupational Health and Safety Act, SNS 1996, c 7

May 9, 2017

Mark Tector and Annie Gray On April 26, 2017, the Government of Nova Scotia announced that amendments to the Occupational Health and Safety Act, which were passed in May of 2016, will officially come into force as of June…

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Client Update: CPP disability benefits are deductible from awards for loss of earning capacity and loss of income in MVA claims

May 4, 2017

On May 2, 2017, the Nova Scotia Court of Appeal issued a significant decision in Tibbetts v. Murphy, 2017 NSCA 35, on the proper interpretation of s. 113A of the Insurance Act. Specifically the issue was whether…

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