Insights RSS

  • The Supreme Court of Canada Confirms Taxpayers are Entitled to Arrange their Affairs to Minimize Tax Payable

    - On November 26, 2021, the Supreme Court of Canada (SCC) released its decision and reasons in Canada v Alta Energy Luxembourg S.A.R.L.,2021 SCC 49 (Alta Energy) in a 6-3 decision in favour of the taxpayer. Subsequently, on December 3, 2021, the SCC released its decision and reasons in Canada v Loblaw Financial Holdings Inc., 2021 SCC 51 (Loblaw Financial) in a 7-0 decision in favour of the taxpayer. Read more…

  • A bicycle by any other name is not a Harley-Davidson

    - Eli Varzari offered for sale electric bicycles through the website of his store East Van Chopcycles and through YouTube videos. The website advertised an electric bike called the “Harley Davidson Willie G Edition,” noting that the handgrips, pedals, axle bolt covers, and air valve caps were “all original parts from the factory.” His YouTube videos showed the bicycle being referred to as the “Harley Davidson Edition” built by East Van Chopcycles. Harley-Davidson trademarks were visible on the... Read more…

  • Get it in writing

    - Most lawyers will advise their clients that parties to litigation should take every opportunity to settle disputes rather than going to trial. Settling offers some obvious benefits, including a certain result, less legal fees, and the opportunity to structure a settlement beyond the usual “zero sum” (or one side wins and the other loses) result that courts generally must impose. Read more…

  • How much is your privacy worth?

    - At its best, the law helps people keep their personal lives private. Sometimes we give up a margin of privacy for certain benefits, such as showing proof of immunization to travel. Other times, we choose to share our private lives with those we trust. Read more…

  • Manitoba's new Limitations Act easier to understand and more aligned with other provinces’ limitation laws

    - On May 20, 2021, Bill 51, which proposed to repeal and replace The Limitations of Actions Act of 1987, received Royal Assent. The Limitations Act will not come into effect until September 30, 2022. This new framework will bring Manitoba in line with other provinces that long ago replaced their limitation laws with simplified versions that rely on the so-called “discoverability” principle. Read more…

  • Supreme Court of Canada decision affirms grievance arbitrator’s exclusive authority

    - In Northern Regional Health Authority v. Horrocks, the Supreme Court of Canada clarified the jurisdiction of the Manitoba Human Rights Commission and labour arbitrators in respect of disputes touching upon both the exercise of employer rights under a collective agreement and employee human rights. Read more…

  • Ownership of foreign real estate property and potential tax issues

    - In the past decade, Canadians have been amongst the most active buyers of properties in the United States. Florida, California and Arizona have become preferred destinations for many Canadians trying to escape cold winters. However, the ownership of foreign properties often comes with added complexities and sometimes with hefty bills. Tax issues and estate planning are two important subjects that must be considered when planning to buy or when already owning real properties in other countries... Read more…

  • In Brief: Intellectual property news – and concerns!

    - On February 18, 2021, the Canadian government released the results of a survey of businesses meant to determine the use and familiarity of Canadian business owners and managers with intellectual property. Read more…

  • Lawyer Profile: Doug E. Fawcett

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  • Changing times for family law

    - Recent changes to provincial and federal legislation have fundamentally altered the landscape of family law in Manitoba. Newly separated families can expect to navigate a system that has been transformed by an overhaul of “custody” terminology, the reorganization and expansion of government services intended to assist families in transition, and the introduction of arbitration in family law matters. Read more…