ArticlePlan Nord Rises From The AshesOn September 30, 2014, the Québec government introduced a bill to the National Assembly for the creation of the Société du Plan Nord.CanadaEnergy and Natural ResourcesDavies Ward Phillips & Vineberg LLP
ArticlePanel Seeks Sweeping Changes to Canadian Environmental Assessment RegimeThe Expert Panel for the Review of Environmental Assessment Processes (Panel) released its recommendations regarding the federal Canadian Environmental Assessment Act, 2012 (CEAA 2012)...CanadaEnvironmentDavies Ward Phillips & Vineberg LLP
ArticleQuébec Cap-And-Trade System: Important Deadlines For Regulated EmittersUnder Québec's cap-and-trade system, regulated emitters have until November 1, 2015, to ensure that their verified emissions do not exceed their greenhouse gas (GHG) emission allowances. CanadaEnvironmentDavies Ward Phillips & Vineberg LLP
ArticleTop Court Rules Bankrupt Corporations Can't Evade Environmental ObligationsIn a landmark decision released on January 31, 2019, the Supreme Court of Canada ruled in Orphan Well Association v Grant Thornton Ltd. that the environmental remediation obligations of a bankrupt oil and gas company ...CanadaEnvironmentDavies Ward Phillips & Vineberg LLP
ArticleAppellate Ruling Against Sun Capital Presents Challenge To Foreign Investors In U.S. Private Equity FundsIn a recent court decision involving Sun Capital Partners IV, LP ("Fund IV"), a private equity fund managed by the Florida-based Sun Capital investment advisor group (the "Investment Advisor"), the First Circuit Court of Appeals held that Fund IV may be liable for unfunded benefits of a multiemployer pension fund of a bankrupt company in which Fund IV had invested.CanadaFinance and BankingDavies Ward Phillips & Vineberg LLP
ArticleRectify A Contract Due To An Error? The Supreme Court Says YesThe Supreme Court of Canada issued its judgment in Québec (Agence du revenu) v. Services environnementaux the Court AES inc. and Québec (Agence du revenu) v. Riopel, 2013 SCC 65, confirming that the Civil Code of Québec allows the rectification of contracts due to an error.CanadaFinance and BankingDavies Ward Phillips & Vineberg LLP
ArticleForeign Investment Review Of CNOOC/Nexen Extended A Second Time In Lead-Up To Government Guidance On Foreign Investments By State-Owned EnterprisesOn November 2, 2012, Christian Paradis, federal Minister of Industry, announced that CNOOC Ltd had agreed to a further extension of the Minister's review of CNOOC's proposed acquisition of Nexen Inc. CanadaGovernment, Public SectorDavies Ward Phillips & Vineberg LLP
ArticleIRS Proposes Regulations That Would Liberally Apply Exemption From FIRPTA To Qualified Foreign Pension FundsThe proposed regulations generally take taxpayer-friendly positions that would apply the QFPF exemption broadly.CanadaGovernment, Public SectorDavies Ward Phillips & Vineberg LLP
ArticleMajor Expropriation Reform On The Horizon In QuébecOn May 25, 2023, the Québec government tabled a bill to replace the current Expropriation Act. Like the current law, the bill will apply to expropriations initiated by both the provincial...CanadaLitigation, Mediation & ArbitrationDavies Ward Phillips & Vineberg LLP
ArticleQuébec Court Refuses To Certify Class Action For Recovery Of COVID-Related Business Interruption LossesThe Québec Superior Court has refused to certify a class action proceeding seeking the recovery of business interruption losses related to the COVID-19 pandemic. CanadaLitigation, Mediation & ArbitrationDavies Ward Phillips & Vineberg LLP
ArticleSearch And Seizure: Authorities Can't Keep What They Seize IndefinitelyThe Court ordered the AMF to return all the material in question, pointing out that, until charges are laid, the retention of what is seized during an investigation must be periodically reviewed by the court. CanadaLitigation, Mediation & ArbitrationDavies Ward Phillips & Vineberg LLP
ArticleEarly Warnings: Canada's Regulators Issue Warning Letters To Mobile App CompaniesThe letters are reported to have raised potential concerns under Canada's anti-spam legislation, the Personal Information Protection and Electronic Documents Act and the Competition Act.CanadaMedia, Telecoms, IT, EntertainmentDavies Ward Phillips & Vineberg LLP
ArticleRepeal Of Minimum Parking Ratios In Downtown MontréalGiven the substantial increase in real estate development costs in large Canadian cities over the past few years, developers will welcome with some relief the proposed repeal of minimum parking ratios in downtown Montréal (Ville-Marie Borough).CanadaReal Estate and ConstructionDavies Ward Phillips & Vineberg LLP
ArticleThe Québec Court Of Appeal Addresses Emphteusis And The Transfer DutiesIn a decision issued on August 27, 2013 (4053532 Canada Inc. c. Longueuil (Ville de), 2013 QCCA 1428), the Québec Court of Appeal analyzed the nature of the rights of the parties to a deed of emphyteusis and examined the issue of the transfer duties payable in connection with the sale of the rights held by the owner (the emphyteutic lessor). CanadaReal Estate and ConstructionDavies Ward Phillips & Vineberg LLP
Article2016 Federal Budget: Tax HighlightsThe new Liberal government's first budget (Budget 2016) has been the subject of anticipation and speculation, much of it apprehensive. CanadaTaxDavies Ward Phillips & Vineberg LLP
ArticleCanadian International Tax Rules: June 2014 Foreign Affiliate Tax ElectionsJune 2014 is the deadline for Canadian corporations to make potentially important tax elections relating to recently enacted changes.CanadaTaxDavies Ward Phillips & Vineberg LLP
ArticleDaishowa: SCC Rules On Tax Treatment Of Estimating Assumed Obligations In A Purchase AgreementThe Supreme Court of Canada recently rendered its much anticipated decision in Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29 involving the taxation of assumed reforestation obligations. CanadaTaxDavies Ward Phillips & Vineberg LLP
ArticleIRS Significantly Improves Amnesty For U.S. Citizens AbroadThe IRS has improved its programs that enable U.S. citizens living abroad to become compliant with their U.S. tax filing obligations.CanadaTaxDavies Ward Phillips & Vineberg LLP
ArticleIRS Withdraws Controversial "Funding Rule" For Stock Buyback Excise TaxThe Internal Revenue Service (IRS) and U.S. Treasury Department have issued final regulations (T.D. 10037) (Final Regulations) under Section 4501 of the Code (the Excise Tax) that withdraw the previously proposed "funding rule."CanadaTaxDavies Ward Phillips & Vineberg LLP
ArticleTax Ruling Upheld for Non-Resident Professional AthletesThe Federal Court of Appeal has issued a significant ruling affecting the taxation of non-resident professional athletes in Canada. This decision provides important clarity on how tax obligations are determined for athletes competing across international borders. The ruling has implications for sports organizations, athletes, and tax practitioners dealing with cross-border employment taxation issues. CanadaTaxDavies Ward Phillips & Vineberg LLP