This week, the federal government announced a settlement of a claim under the North American Free Trade Agreement, Can T.S. 1994 No. 2 (“NAFTA”) by AbitibiBowater Inc. (“Abitibi”) against Canada as a result of the dispute between the company and Newfoundland. In 2008, the Newfoundland government hastily expropriated nearly all of Abitibi’s Newfoundland assets after […]
It may be time for the National Parole Board to take its Policy Manual off the bookshelf. This month, the Federal Court ordered the Board to reconsider Robert Latimer’s request for more lenient parole conditions in Latimer v. Canada (AG), 2010 FC 806. Latimer, the infamous mercy killer who euthanized his severely disabled daughter, was […]
On August 16, 2010, the British Columbia Court of Appeal released its decision in Baiden v. Vancouver (City), 2010 BCCA 375, regarding the costs and disbursements awarded following Todd Baiden’s successful action for damages against the police, the City of Vancouver and others for battery. Baiden was asleep in his locked place of employment when […]
In recent weeks, the Federal Court of Appeal has sent two cases back to the Tax Court of Canada for rehearing. In GlaxoSmithKline Inc. v. The Queen, 2010 FCA 201 (discussed here), the Court of Appeal found that Rip C.J. erred by misunderstanding the application s. 69(2) of the Federal Income Tax Act, R.S.C. 1985, […]
Conrad Black has another court victory under his belt after the ruling in Black v. Breeden, 2010 ONCA 547, where the Ontario Court of Appeal ruled his libel suits against former Hollinger board members can proceed in Ontario. The defendants argued libel actions brought against them by Black had no connection to Ontario and should […]
On August 11, the Ontario Court of Appeal (OCA) released its unanimous decision in R. v. Largie, 2010 ONCA 548. The case discusses Gavra and Karl Largie's appeal of their convictions for second degree murder and manslaughter, respectively. Of the several grounds of appeal argued by these seemingly desperate appellants, the one regarding the constitutionality […]
In simple terms, when related corporations trade property, services or intangibles across international borders, the outlay is referred to as the transfer price. Pursuant to s. 69(2) of the Federal Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”), the transfer price must be “reasonable in the circumstances” that would exist if the non-resident […]
The blogosphere is buzzing after last week's announcement that a California judge had struck down the contentious Proposition 8, stating that the constitutional amendment violated the 14th Amendment of the Constitution of the United States. The decision is a major step forward for proponents of same-sex marriage. Likely to end up at the U.S. Supreme […]
Most employees commence legal action against an employer after formal termination; however, Ms. Jennifer Lewis is part of the small minority who choose to sue before the employment contract has been formally repudiated. In Lewis v. Terrace Tourism Society 2010 BCCA 346, the British Columbia Court of Appeal grappled with the issue of dismissing employees […]
Last week, the SCC dismissed the appeal of Robert Pickton in R. v. Pickton, 2010 SCC 32 [Pickton II], upholding the majority decision of the British Columbia Court of Appeal in R. v. Pickton, 2009 BCCA 299 [Pickton I]. The SCC affirmed that impugned jury instructions did not negatively impact the fairness of the trial, […]