In-House Counsel
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August 20, 2025
Saskatchewan court: ‘Notwithstanding’ clause doesn’t oust judicial review jurisdiction
Next year, the Supreme Court of Canada will finally determine the proper interpretation of s. 33, also known as the “notwithstanding” clause, of the Canadian Charter of Rights and Freedoms (Charter). More recently, the Court of Appeal for Saskatchewan (SKCA) released a significant decision also interpreting s. 33.
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August 20, 2025
Immigration fraud and the need for reform
Canada is known as a welcoming country for immigrants, but there is a serious problem with some unscrupulous immigration consultants who take advantage of people’s trust, hopes and money by committing fraud and engaging in dishonest practices.
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August 20, 2025
A directive from the Federal Court of Appeal
The Federal Court of Appeal has firmly stated the law concerning the standard of review on appeals to it, the liability of directors and shareholders for corporate liability and awarding damages where the extent of infringement and the harm it caused is difficult to establish (Patel v. DermaSpark Products Inc., 2025 FCA 145).
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August 19, 2025
Determining value for corporate beneficial ownership registers
Recently enacted legislation requires additional reporting of beneficial ownership for private company shares, including as regards shareholders that are trusts. In order to comply, one criterion to determine is whether an ownership interest has sufficient value to be reported, an area where the legal rules combine with business valuation principles to arrive at the correct reporting position.
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August 18, 2025
Ottawa proposes tax measures to enable capital gains rollover, business sales to employees
The federal government has released draft legislative proposals to implement a slew of tax measures including a relaxation of conditions for capital gains rollover on small business investments and a capital gains exemption on the sale of businesses to employee ownership trusts (EOTs).
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August 18, 2025
Tax and cryptocurrency: Four key elements to prepare for a tax audit
The world of cryptocurrency and non-fungible tokens (NFTs) is booming. Conceptually, they are similar in that both are traded on the blockchain. What distinguishes non-fungible tokens is their uniqueness — their own distinct identity — whereas one bitcoin is identical to another, much like one euro or one dollar.
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August 18, 2025
Medical advice without assessment: A risky practice
Health professionals should exercise caution when offering medical advice or treatment without conducting a proper assessment. Providing care without seeing or evaluating the patient can have significant professional risks.
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August 18, 2025
Time limits matter: Alberta court establishes lien rights not indefinite
A lien can provide financial security by securing a legal claim for unpaid work against the land itself. The lien clouds title, making it difficult for owners to sell or refinance their property until the lien is resolved. However, the Alberta Court of King’s Bench recently held in 1951789 Alberta Ltd. (c.o.b. Urban Interiors Group) v. Britannia Block General Partnership Inc., 2025 ABKB 324 that the lien can be discharged or reduced if a claimant fails to advance their claim expeditiously.
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August 18, 2025
When is an importer of goods liable for copyright infringement?
A decision of the U.K. Intellectual Property Enterprise Court deals with the copyright in a label of a bottle of wine and an importer’s liability for infringement (Martin v. Bodegas San Huberto SA, [2025] EWHC 1827 (IPEC)).
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August 15, 2025
Rectification: The court’s power to fix a contract
While written contracts are generally presumed to reflect the intentions of the parties that have signed them, this may not always be the case. What happens if one or both parties realize after the fact that the contract into which they entered does not accurately reflect their intended contractual terms?