Today
Today
CASL’s First Compliance and Enforcement Decision: Lessons learned

CASL’s First Compliance and Enforcement Decision: Lessons learned

  • November 04, 2016
  • Roland Hung and Jeremy Lin

The first Compliance and Enforcement Decision under Canada’s Anti-Spam Law was issued on October 27, 2016. Among other insights, the decision provides clarification on the "conspicuous publication" ground of implied consent to receive commercial electronic messages and the application of the factors relevant to the quantum of an administrative monetary penalty under CASL.

Privacy Law

Maintaining Privilege for Cross-Disciplinary Tax Advising

  • November 04, 2016
  • John Sorensen

The Saskatchewan Court of Appeal provides a helpful summary of key principles governing solicitor-client privilege when lawyers and accountants are involved in transactional work and tax planning. John Sorensen reviews the decision in Redhead Equipment Ltd et al v Canada (AG) (2016 SKCA 115).

Blaneys Court of Appeal Summaries (October 31- November 4, 2016)

Blaneys Court of Appeal Summaries (October 31- November 4, 2016)

  • November 04, 2016
  • John Polyzogopoulos

Civil topics covered included MVA, SABs, family law, vexatious litigants, employment law, simplified procedure and another chapter in the Indian Residential Schools settlement.The RJM56 Investments Inc v Kurnik decision highlights the importance of litigators not treating the tax implications of a settlement as an afterthought and of obtaining tax advice before completing a settlement.

Civil Litigation
November 6-Word SCC Review

November 6-Word SCC Review

  • November 04, 2016
  • Daniel Goldbloom

[Almost] everything you need to know about the latest Supreme Court of Canada criminal law decisions, in six words or less.

Criminal Justice
November 2016 Appeal Court Review

November 2016 Appeal Court Review

  • November 04, 2016
  • Crystal Tomusiak

This month from the Ontario Court of Appeal: drinking enough to be dangerous but not impaired, using God to bolster a witness's credibility (don't try it), and getting extra credit — or not — for harsh pre-sentence custody.

Criminal Justice

Alberta Court Rules on What is a “Reasonable Amount” of Interest Under s. 20(1)(c)

  • November 03, 2016
  • Jenny P. Mboutsiadis

This summer saw the first case in which a court articulated the test for determining whether an interest amount is reasonable for purposes of paragraph 20(1)(c) of the Income Tax Act (Canada) (“ITA”). Jenny Mboutsiadis reviews the decision of the Alberta Court of Queen’s Bench in ENMAX PSA Corp. v. Alberta (2016 ABQB 334).

Taxation Law
The Election Requirement When NEB and IRB are at Issue

The Election Requirement When NEB and IRB are at Issue

  • November 03, 2016
  • Shane H. Katz

This particular LAT decision suggests that if applicants do not medically qualify for an IRB, they can still apply for NEB, if not given the option to elect, thus requiring insurers to send out election forms for every claim where IRB may be payable to preclude applicants from claiming both NEB and IRB.

Insurance Law