Articles

Other Cases

1. GST Garnishment Served Pre-Bankruptcy Remains Effective Toronto-Dominion Bank v. Canada, 2012 SCC 1, 340 D.L.R. (4th) 400; on appeal from 2010 FCA 174 2. GST v. The Indian Act Robert Obonsawin v. The Queen, leave to appeal dismissed with costs, 34341 (February 9, 2012)

On February 6, 2012 the Ontario Bar Association through the work of the PPSL Subcommittee of the Business Section, issued its submission on perfecting security interest in cash collateral to the Government of Ontario.

1. The “Sovereign Man” - the shake-down 2. Auctioneer not liable for conversion 3. Deficient Collateral Description in Financing Statement 4. Delayed Payment Trigger did not Offend Limitations Legislation

Priority of Pension Trust Claim v. DIP Lender Re Indalex, 2011 ONCA 578, SCC leave to appeal granted December 1, 2011

1. Bill S-5: Section 427 Security vs. Unperfected Security Interest 2. New s. 10(2)(b) Interest Act Regulations

The Canada Revenue Agency released three new forms which are intended to assist Canadians in determining eligibility for reduced withholding rate on payments to non-residents of Canada.

The new U.K. Bribery Act’s extra-jurisdictional reach is wide enough to potentially apply to Canadian companies; Canadian companies are reminded that issues of corruption throughout their operations need to be carefully examined and addressed.

In August 2011, in the proceedings of Indalex Limited under the Companies’ Creditors Arrangement Act, the Ontario Court of Appeal made the surprising decision to give priority to Indalex’s pension plan wind-up deficiency claims over the claims of Indalex’s CCAA-secured lender.

Effective October 3, 2011, National Instrument 45-106 - Prospectus and Registration Exemptions (“NI 45-106”) has been amended to include the filing of a new form for the report of exempt distributions (“Form 45-106F6”).