In-House Counsel

  • September 28, 2026

    Intergenerational business transfer capital gains exception: What the vendor gives up matters

    Section 84.1 of the Income Tax Act, the intergenerational transfer rules, has since 2024 contained a working exception for sales of a private company to a child’s corporation. Paragraph 84.1(2)(e) deems the vendor and the purchaser corporation to deal at arm’s length where the conditions of either ss. 84.1(2.31) or (2.32) are met, which switches off the deemed dividend and leaves the vendor with a capital gain eligible for the lifetime capital gains exemption — $1,275,000 for 2026. The conditions are not tax conditions. They are a statutory description of a vendor who has left the business, and the vendor’s counsel, not the accountant, is the one who has to make the client match it.

  • September 28, 2026

    Business valuations and M&A during tariff uncertainty

    The United States has launched tariffs under the Trump regime, and possibly future regimes, to counteract its decline as the world’s leading superpower. These tariffs impact valuation of any business engaged in global trade. To value such businesses, one must consider where the business operates, and whether that jurisdiction adjusted (i.e., Australia or Ireland, etc.), complied or negotiated a deal (i.e., the EU, Japan, U.K. and others), or retaliated (i.e., China or Canada).

  • September 25, 2026

    Feds issue call, offer money to women entrepreneurs operating non-profit projects

    As part of the federal government's Women Entrepreneurship Strategy (WES), Ottawa is inviting proposals for a project called the WES Ecosystem Fund.

  • September 25, 2026

    Co-founder terminations: The importance of good paper signed on incorporation

    Barry Anthony Cullain owned one-third of an Ontario elevator maintenance business and was its vice-president of operations. The other two shareholders each held a third. While an acquisition financing was closing, they proposed to buy his shares. The financing failed. They took him off the payroll and said he had retired.

  • September 25, 2026

    Exclusive: Supreme Court of Canada Justice Suzanne Côté mulls her post-bench future

    Supreme Court of Canada Justice Suzanne Côté is thinking about what life after the bench might look like, she tells Law360 Canada. The court’s impactful and most prolific judge, who turned 68 this week with no apparent loss of drive or energy, says she is healthy and still loves the work that has earned her a reputation as a trailblazer and original thinker.

  • September 25, 2026

    Two distinct tests in Start-Up Visa applications and the cost of conflating them

    In Punjwani v. Canada (Citizenship and Immigration), 2026 FC 1033, the Federal Court addressed a recurring analytical error in Start-Up Visa cases: treating the qualifying-business requirements in s. 98.06 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR), as though they answered an artificial-transaction finding under paragraph 89(b). They do not. The provisions impose different requirements, and an argument directed to one may fail to address a refusal under the other.

  • September 23, 2026

    Sport Law welcomes 2 partners

    Michelle Kropp and Will Russell have joined Sport Law as partners in Toronto.

  • September 23, 2026

    Canadian justice system attracts EU interest amid rule of law threats abroad: top judge

    Chief Justice of Canada Richard Wagner says Canada’s independent justice system and perspective on confronting global threats to the rule of law has attracted interest abroad. Speaking Sept. 22 at a Newfoundland and Labrador law society event in St. John’s, Chief Justice Wagner told local lawyers and those online that he was the only non-European court leader invited to attend the meeting in Cyprus last June of the Network of the Presidents of the Supreme Judicial Courts of the 27-member European Union (EU).

  • September 23, 2026

    Why commercial arbitral awards are so difficult to appeal

    Ontario’s Arbitration Act represents one of many efforts by the state to delegate the adjudicative function to non-judicial decision-makers.

  • September 23, 2026

    The meaning of ‘effective’: Canada’s new AML compliance-program standard

    Since March 26, 2026, every reporting entity under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act must under the new s. 9.6(1.1) “ensure that the program is reasonably designed, risk-based and effective.” Its schedule entry is a very serious violation with a $20 million per violation ceiling for an entity ($4 million for a person). Little has been written about what s. 9.6(1.1) actually adds: an express program-level performance standard.