Articles 2024

Aujourdʼhui
Aujourdʼhui

FX Straddle Trading Activity Not a Business – FCA Applies The “Pursuit Of Profit” Source Test in Paletta

  • 13 juin 2022
  • Sameer Nurmohamed, Senior Associate, Osler, Hoskin & Harcourt LLP

On May 17, 2022, the Federal Court of Appeal delivered its decision in HMQ v The Estate of Pasquale Paletta, 2022 FCA 86 which applied the “pursuit of profit” source test in Stewart by ruling that an activity devoted solely to tax avoidance cannot give rise to a source of income in the form of a business under the Income Tax Act (Canada). This is true even if the activity lacks a personal or hobby element and appears to be purely commercial in nature.

Student Forum, Droit fiscal

Budget 2022: Amping Up CRA’s Enforcement Activities and Targeting Financial Crime

  • 13 juin 2022
  • Jennifer Flood and Greg DelBigio, Q.C., Thorsteinssons LLP

The 2022 Budget shows once again Canada’s ongoing commitment to the investigation and prosecution of financial crime including money laundering and tax evasion, including by injecting substantial funds into expanding the CRA’s audit and enforcement activities.

Student Forum, Droit fiscal

What's New in Pension and Benefits – Summer 2022

  • 13 juin 2022
  • Michael Long and Evan Shapiro, Willis Towers Watson

Recent updates in Ontario and Federal pension legislation, regulatory policy and caselaw.

Droit des régimes de retraite et des avantages sociaux, Student Forum
Head-shot photo of authors

Does Mediation Satisfy the OHSA Duty to Investigate Workplace Harassment?

  • 10 juin 2022
  • Ruth Wellen & Jesse Elders, Kastner Lam LLP

This article considers whether alternative dispute resolution, such as mediation, meets the statutory requirement to conduct an investigation into allegations of workplace harassment under the Ontario Occupational Health and Safety Act. We conclude that alternative dispute resolution does not satisfy an employer’s duty to investigate, but we encourage employers to consider using mediation and other restorative techniques as part of their overall response to a complaint of workplace harassment.

Droit du travail et de l’emploi, Student Forum

Case Study: The original will is not available

  • 10 juin 2022
  • Susannah B. Roth, O’Sullivan Estate Lawyers LLP, sroth@osullivanlaw.com

Sometimes an executor has to administer an estate asset when the original Will is not available. Here's a tip.

Elder Law, Student Forum

Canadian Copyright Law: Does Digitally Restoring Public Domain Films Revive Copyright?

  • 10 juin 2022
  • Erin Moskal

This article explores how, if at all, digitizing and/or restoring a film is treated under copyright law in Canada. More specifically, if the film in the public domain and copyright has expired, is the digital restoration of the film result in a copyright in the digitally restored version?

Droit du divertissement, de l'information et des télécommunications, Student Forum
photo of the supreme court of canada

A Supreme Evening with Honourable Justice Rosalie Abella and Honourable Justice Mahmud Jamal

  • 04 juin 2022
  • Angela Ogang

It’s not every day that one gets to rub shoulders with judges of the Supreme Court of Canada. In fact, the closest I had ever been to a Supreme Court judge prior to last week’s Gala dinner at the Ritz-Carlton in Toronto was back in 2007 when I visited Ottawa and signed up for a tour of the highest court in the land. So, you can imagine how thrilled I was to attend the OBA gala in honour of Justice Rosalie Abella and Justice Mahmud Jamal on May 26, 2022. And what a supreme evening it was, indeed!

Student Forum, Young Lawyers' Division