Articles 2021

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From Settlement to Stay: The Ontario Court of Appeal Affirms the Importance of Prompt Disclosure of Settlement Information to Related Parties

  • April 27, 2023
  • Grace Murdoch

In its recent decision, Skymark Finance Corporation v Ontario, 2023 ONCA 234 , the Ontario Court of Appeal took the opportunity to comment on the importance of immediate disclosure of settlement minutes to other parties in an action and to clarify the meaning of the phrase “to change the entirety of the litigation landscape."

Insurance Law, Student Forum

Expertise Employed and Employed Experts: Independent Expert Witnesses in Tax Disputes Post-White Burgess

  • April 21, 2023
  • Brian M. Studniberg

Expert witnesses play an important, and often decisive, role in litigation. Tax disputes are no different, as experts regularly testify on matters such as those involving asset valuations, transfer pricing or scientific research and experimental development. It is a truism that the first obligation of the expert is to the court to which the expert is called to assist and not to the party calling the expert.

Student Forum, Taxation Law

Beyond Single vs Multiple Supplies in GST/HST Context

  • April 21, 2023
  • Shahrukh Khowaja

The tax status of a particular supply usually relies on its categorization within the bracket of supplies, either taxable, zero-rated or exempt, under the Excise Tax Act. In the case of transactions involving various similar elements, the fundamental issue becomes determining whether it is a single supply or a multiple supply. As transactions in the modern world consist of multiple layers, the distinction is crucial and, more often, complicated.

Student Forum, Taxation Law

Site Alteration: Digging into Municipal Authority on Excess Soils

  • April 21, 2023
  • Matthew Lakatos-Hayward, Goodmans LLP

A summary of Ontario site alteration by-laws, including their breadth and their limitations. The discussion of the limits considers, in particular, the coming into force of Ontario's On-site and Excess Soil Management Regulation (O Reg 406/19).

Municipal Law, Student Forum

Privacy Breaches in M&A Deals: the Importance of Data Security Diligence

  • April 20, 2023
  • Mitch Koczerginski, Chris Garrah, Adriana Rudensky and Robbie Grant, McMillan LLP

In this article, we focus on the importance of data security diligence, tips for the diligence process, and mitigation strategies for companies that have identified risks and wish to proceed with the deal. We also discuss the need to assess and quickly remediate any flaws in a target company’s data security posture following a transaction.

Privacy Law, Student Forum