Today
Today

Fair Market Value in a Restricted Market

  • November 01, 2011
  • Joshua L. Harnett

Various provisions of the Income Tax Act operate to deem transfer of property, specifically non-arm’s length transfers, to take place at the fair market value of the property.

An Update on Non-Qualifying Amalgamations After Envision

  • November 01, 2011
  • Mark Tozer

An amalgamation is defined for the purposes of subsection 87(1) as a merger of taxable Canadian corporations where all of the property, liabilities and shareholders of the predecessor corporations immediately...

Message From the Chair - November 2011

  • November 01, 2011
  • Sylvie Rodrigue, Chair

Welcome to the inaugural OBA Class Action Newsletter. We have witnessed a number of exciting firsts this year.

Class Actions

Canada-U.S. Cross-Border Class Action Protocols

  • November 01, 2011
  • The Honourable Warren K. Winkler, Chief Justice of Ontario

I have been asked to provide a few brief remarks on the American Bar Association’s recent resolution to adopt protocols establishing best practice guidelines for U.S.-Canada cross-border class actions.

Class Actions

Environmental Class Actions in Ontario and Québec: A Tale of Two Solitudes?

  • November 01, 2011
  • André Durocher, Marisa E.Victor

In the wake of the Court of Appeal of Ontario ruling in ,em>Smith v. Inco Limited, 10 years after the Supreme Court of Canada decision in Hollick v. Toronto (City), should we conclude that claimants in environmental class actions in Ontario are doomed to fail?

Class Actions

Defence Before Certification: A Debate of the Pros and Cons

  • November 01, 2011
  • Margaret L. Waddell, Jean-Marc Leclerc

The debate over the likely ameliorative or exacerbating effects on certification of class actions arising from the recent decision in Pennyfeather v. Timminco has been heated.

Civil Litigation