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The Federal Court of Appeal agrees that GST paid on management fees to investment managers is exempt from GST and gives rise to a GST rebate
- Fasken Martineau DuMoulin LLP
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- Canada
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- May 5 2009
On April 16 2009, the Federal Court of Appeal (the “FCA”) rendered its decision in The Queen v. The Canadian Medical Protective Association (the “CMPA”) and concluded that fees paid by the Canadian Medical Protective Association (the “Association”) for discretionary investment management services are exempt financial services within the meaning of the Excise Tax Act (Canada) (the “ETA”
British Columbia takes action under instrument regulating over-the-counter issuers with connections to British Columbia
- Fasken Martineau DuMoulin LLP
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- Canada
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- May 7 2009
Earlier this year, the British Columbia Securities Commission (the “BCSC”) cease-traded 53 companies with connections to British Columbia that trade on certain U.S. over-the-counter markets for failure to file financial statements and management’s discussion and analysis (“MD&A”) pursuant to British Columbia Instrument 51-509 Issuers Quoted in the U.S. Over-the-Counter Markets
Reasonable accommodations: how far must employers go?
- Fasken Martineau DuMoulin LLP
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- Canada
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- April 23 2009
Fanned by media hype, the concept of "reasonable accommodations" has inflamed passions and captivated the public's attention for the last two years
Utilization and preservation of tax losses
- Fasken Martineau DuMoulin LLP
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- Canada
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- April 28 2009
The effective use and preservation of Canadian tax losses is a crucial element of personal and corporate tax planning, particularly in a context of financial crisis
Transactions to minimize the tax implications of the twenty-one-year rule for trusts
- Fasken Martineau DuMoulin LLP
- -
- Canada
- -
- April 27 2009
For income tax purposes, trusts are generally deemed to dispose of their capital property every 21 years following their creation, resulting in the realization of accrual gains and losses
Special parliamentary proceedings in Quebec to address pension shortfalls
- Fasken Martineau DuMoulin LLP
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- Canada
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- January 16 2009
The Minister of Employment and Social Solidarity and Minister Responsible for the Régie des rentes du Québec, Mr. Sam Hamad, tabled a bill at the National Assembly on January 14, 2009, called: "An Act to Amend the Supplemental Pension Plans Act and other legislative provisions in order to reduce the effect of the financial crisis on plans covered by the Act" which, as its title indicates, proposes various measures to alleviate the effects of the financial crisis on private pension plans
Changes to officer certification requirements
- Fasken Martineau DuMoulin LLP
- -
- Canada
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- January 14 2009
Effective December 15, 2008, the Canadian Securities Administrators (“CSA”) have replaced Multilateral Instrument 52-109 Certification of Disclosure of Issuers' Annual and Interim Filings, and its related forms and companion policy (collectively, the “Old Rules”) with National Instrument 52-109 Certification of Disclosure of Issuers' Annual and Interim Filings, and its related forms and companion policy (collectively the “New Rules”
Canada seeks to impose customs duties on management fees and R&D payments
- Fasken Martineau DuMoulin LLP
- -
- Canada
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- August 31 2009
On July 8, 2009, the Valuation Division of the Canada Border Services Agency ("CBSA") issued a major new policy document that targets for inclusion in the value for duty of imported goods virtually all payments made between related parties
Investment Canada: first exercise of new national security powers?
- Fasken Martineau DuMoulin LLP
- -
- Canada
- -
- September 2 2009
Forsys Metals Corp (“Forsys"), which was at the last stage of a proposed plan of arrangement that would result in it being acquired by non-Canadian controlled George Forrest International Afrique S.P.R.L. ("GFI"), announced on August 19, 2009 that GFI had received an unsolicited letter from Industry Canada advising GFI that it was prohibited from implementing the transaction pending further notice from Industry Canada
Legal considerations for the directors of UK companies which are facing potential insolvency
- Fasken Martineau DuMoulin LLP
- -
- United Kingdom
- -
- January 27 2009
This Note deals with the potential liabilities under English Law of the directors and officers (secretary and managers) of a UK company in the event of its (potential) insolvency
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