Articles

As another year has come to an end and we have already embarked on a new year, we take this opportunity to reflect on a number of significant changes to Canadian privacy law. From promising developments to proposed legislation to a groundbreaking investigation, there is much to review as we head into 2024. This article reviews the top five recent developments we encountered this year.

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

On December 20th, 2023, Anna Lei and Hanna Rioseco of Borden Ladner Gervais LLP presented at the OBA Health Law Section – Case Law Update, summarizing recent important cases in the area. Both Anna and Hanna provided key takeaways from the three cases presented, which will be important to keep in mind for healthcare providers, individuals, and lawyers practicing within the field.

In this brief article, Neti Jhatakia provides an overview of the income tax implications of the staking of cryptocurrency in Canada.

In June, the National Post publicized a tax appeal by Toronto sports icon José Bautista. Because the appeal deals with how non-resident, high-income earners save for retirement and protect their income from Canadian taxes, commentators have speculated that a dismissal by the TCC could eliminate certain financial enticements for athletes to play in Canada. This article summarizes the facts and tax issues at stake in this appeal.

In The King v. MMV Capital Partners Inc., the Federal Court of Appeal (FCA) found that the general anti-avoidance rule (GAAR), section 245 of the Income Tax Act (Act), applied to a series of loss utilization transactions. According to the FCA, the transactions were structured to allow a third-party purchaser to access the taxpayer’s losses, and the GAAR applied because the transactions frustrated the object, spirit, and purpose of the loss restriction rules in subsection 111(5) of the Act.