Tax
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January 09, 2024
Priority of Crown’s debt over creditors of equal degree
The Crown’s “prerogative of priority” has been enforced in Canada since it was established as a colony of England. See Canada v. Bank of Nova Scotia, [1885] 11 S.C.R. 1 (“the Crown is entitled at common law to a preference … , the Queen’s rights and prerogatives extending to the colonies in like manner as they do to the mother country.”).
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January 08, 2024
Federal Court of Appeal dismisses tax case relating to 1996 incomplete merger
The Federal Court of Appeal has dismissed an appeal of mining company’s reassessment of its 1996 taxation year where fees received due to an incomplete merger were regarded as income, despite finding that the Tax Court erred in its interpretation.
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January 08, 2024
Three new partners for Aird & Berlis
Aird & Berlis has announced that Yosef Adler, Ryan Ghuman and Queenie Lo have joined the firm as partners and members of the firm’s corporate/commercial group.
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January 05, 2024
Federal Court of Appeal upholds ruling denying tax deductions for share sale losses
The Federal Court of Appeal has upheld a decision denying a mining services company tax deductions for losses incurred from the sale of shares in mining companies to which it had intended to provide services.
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January 05, 2024
Miller Thomson welcomes 14 lawyers to partnership
Miller Thomson LLP has added 14 new people to the firm’s partnership, effective Jan. 1.
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January 03, 2024
Federal Court mandates AI-usage disclosure; won’t use automated decision-making tools for now
The Federal Court is actively exploring how its judges and law clerks can use artificial intelligence tools to enhance the “efficiency and fairness of the legal system,” but Chief Justice Paul Crampton says the national trial court “will not use AI, and more specifically automated decision-making tools, to make its decisions or render its judgments, without first engaging in public consultations.”
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January 02, 2024
Federal Court of Appeal rejects appeal regarding income from personal business services
The Federal Court of Appeal has dismissed an appeal concerning a Tax Court decision that found that a consulting company was providing personal business services to a holding company.
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December 21, 2023
Fasken to add 22 new Canadian partners in new year
Fasken will welcome 22 legal professionals to its partnership, effective Jan. 1, 2024.
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December 21, 2023
Feds release draft regulations, legislation for consultation on various tax measures
The federal government announced on Dec. 20 that it is launching consultations to “advance major economic investment tax credits and create good jobs, crack down on short-term rentals and make housing more affordable, and ensure the fairness of Canada’s tax system.”
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December 20, 2023
Ontario court rules in favour of educational centre in property tax dispute
An Ontario court has upheld a ruling which said an educational centre was entitled to an exemption from property taxes, batting back arguments from provincial authorities that the facility could not receive the exemption because its primary use of the land was not for learning.