In-House Counsel
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April 09, 2024
International arbitration conflicts of interest: Guideline updates
This article addresses the key changes to the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitration.
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April 08, 2024
Appeal Court deems universal life insurance policy is not income from property
In a decision expected by tax pundits to set a precedent, the Quebec taxman partially lost a legal battle after the Court of Appeal held that coverage provided by a universal life insurance policy does not constitute income from property even though it is a benefit for the insured taxpayer.
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April 05, 2024
SCC rules ‘fraud exception’ bars Canadian bank from making payment demanded under letter of credit
Elaborating on the “fraud exception” to a bank’s obligation to pay on demand under a letter of credit, the Supreme Court of Canada has affirmed 7-2 that a Canadian bank was required to refuse payment to a letter of credit beneficiary due to a third party’s fraudulent behaviour, which was also attributable to the beneficiary.
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April 05, 2024
Federal Court dismisses vaccine-policy-related class action against Canada Post
The Federal Court has dismissed a class action against Canada Post and Canada on behalf of employees who resigned or retired under duress because of a mandatory vaccination policy.
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April 05, 2024
Nexus between tax evasion and money laundering
Tax evasion and money laundering are two interconnected criminal activities that have a significant impact on the global economy. Both involve the deliberate manipulation of financial transactions to avoid detection, regulation or legal consequences. This essay will explore the nexus between tax evasion and money laundering, examining the ways in which these two activities are interconnected and the implications of this relationship for society.
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April 04, 2024
Five judges appointed to Ontario Court of Justice
A provincial bulletin announced the appointment of five new judges to the Ontario Court of Justice, effective April 11, 2024.
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April 03, 2024
Right of appeal: Why it may not preclude judicial review
Canadian courts have ample discretion to oversee a challenge to a tribunal decision through judicial review. In Ontario, this discretion is codified under the Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the JRPA).
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April 03, 2024
Federal Court: Unsecured creditors must pay deemed trust proceeds to Crown
An unsecured creditor who received proceeds from the sale of property subject to a deemed trust under the Income Tax Act (ITA) is required to pay those proceeds to the Crown, the Federal Court has found.
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April 02, 2024
Supreme Court grants Lundin Mining leave to appeal in disclosure-related class action
The Supreme Court of Canada has granted a Toronto-based mining firm leave to appeal a decision overturning the dismissal of a proposed class action concerning the company’s alleged failure to promptly disclose a pit wall instability and rockslide that affected production.
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April 02, 2024
Generative AI offers opportunities, pitfalls for litigators, panel says
Generative artificial intelligence (AI) is here to stay, and litigators need to be aware — and cautious. That was the message from the “AI for Litigators: AI 101” panel discussion hosted by the Advocates’ Society on March 26.