Insights

The practice of law is changing every day, and the effect of changing legislature on businesses is significant. We write about recent developments in the world of tax & business law, keeping a watchful eye on the changing landscape for our clients. See what we’re thinking about, and what your business should be looking out for.

  • Joe Headshot (1)By Joe BrennanMarch 16 2018
    Business LawOSC Adopts Rule 72-503 For Offshore Distributions

    The Ontario Securities Commission (OSC) recently adopted OSC Rule 72-503 Distributions Outside Canada.  This new rule provides four new prospectus exemptions relating to distributions outside of Canada by Ontario issuers and will come into force on March 31, 2018. For the most part, these new exemptions simply codify the interpretation of existing securities legislation in Canada and are intended to bring greater certainty to cross-border activities by Ontario issuers.  They are also similar, but not identical to rules already in place in other Canadian jurisdictions such as British Columbia and Alberta. 

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  •  (1)By March 06 2018
    Tax LawThe 2018 Federal Budget: Tax Reform for Private Corporations is Softened

    The 2018 Federal Budget has been more anticipated than usual for private corporations and their tax advisors. The Budget contains many items of interest for private corporations and high net-worth individuals with corporate-held investments, and is not as punitive as some have feared.

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  • Mo Headshot (1)By Mohamed AmeryMarch 05 2018
    LitigationForcing an Opposing Party to Take Urgent Action before Trial

    There are essentially two types of interlocutory (pre-trial) injunctions: 1) a prohibitive injunction and 2) a mandatory injunction.  

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  • Matt Clark Headshot (1)By Matthew ClarkMarch 01 2018
    Tax Law2018 Federal Budget: What Private Companies Need to Know

    On February 27, 2018 the Department of Finance (“Finance”) released its 2018 federal budget (the “Budget”). Given the climate surrounding private companies, this Budget in particular was eagerly awaited by owner managers and tax advisors. While the Budget contains many items of interest for large private companies and high net-worth individuals with corporate-held investments, it is not as punitive as some have feared. 

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  •  (1)By February 27 2018
    Tax LawTax Dispute Resolution: Monthly Review Vol. 1, No. 2

    If a taxpayer is issued a reassessment of tax that is incorrect, recourse may be available if a Notice of Objection to the reassessment is filed. The relatively recent decision in Minister of National Revenue v. ConocoPhillips Canada Resource Corp. serves as a reminder that tax dispute procedures are often stacked against taxpayers.

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  • Mo Headshot (1)By Mohamed AmeryFebruary 26 2018
    LitigationLiquidation and Dissolution of a Corporation as a Remedy for an Aggrieved Shareholder

    In the recent past, I wrote about the oppression remedy.  See “A Brief Overview of the Oppression Remedy” (April 2017) and “Director Liability in Oppression Actions” (August 2017).  Those articles serve as a helpful, but not necessary, lead-in to this article, which focuses on an alternative way by which an aggrieved shareholder may wish to exit an incorporated business absent oppression or shareholder agreement terms that may be utilized.  On that latter topic, have a look at my articles on “shot-gun” clauses, “Shot-Gun Clauses: Important but Draft Carefully and Use with Care” (July 2017), and on rights of first refusal, “ROFR Rights and Obligations” (October 2017). 

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