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  • Article

    Repeal Of Minimum Parking Ratios In Downtown Montréal

    Given 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 Construction
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    The Québec Court Of Appeal Addresses Emphteusis And The Transfer Duties

    In 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 Construction
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    2016 Federal Budget: Tax Highlights

    The new Liberal government's first budget (Budget 2016) has been the subject of anticipation and speculation, much of it apprehensive.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Canadian International Tax Rules: June 2014 Foreign Affiliate Tax Elections

    June 2014 is the deadline for Canadian corporations to make potentially important tax elections relating to recently enacted changes.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Daishowa: SCC Rules On Tax Treatment Of Estimating Assumed Obligations In A Purchase Agreement

    The 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.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Further Reporting Required This Year By U.S. Individuals Who Own Foreign Assets

    Section 511 of the Hiring Incentives to Restore Employment (HIRE) Act added Section 6038D to the Internal Revenue Code, which imposes new reporting requirements on a U.S. individual whose ownership interests in specified foreign financial assets exceed $50,000.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    IRS Significantly Improves Amnesty For U.S. Citizens Abroad

    The IRS has improved its programs that enable U.S. citizens living abroad to become compliant with their U.S. tax filing obligations.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    IRS Withdraws Controversial "Funding Rule" For Stock Buyback Excise Tax

    The 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."
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Tax Ruling Upheld for Non-Resident Professional Athletes

    The 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.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    U.S. Tax Court Holds Guaranty Fees Paid To A Foreign Parent Are Not Subject To Tax

    The U.S. Tax Court issued an opinion on February 17, 2010 clarifying the source of guaranty fees for U.S. tax purposes, which has previously been subject to confusion.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    At-The-Market Distributions Arrive In Canada

    Reporting issuers will soon be able to implement at-the-market (ATM) distributions without obtaining regulatory relief.
    CanadaCorporate/Commercial Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Québec Court Declines Jurisdiction Over Facebook IPO Class Action

    When a foreign defendant is the target of a Québec class action, one of the first questions to consider is whether the Québec court has jurisdiction over such defendant.
    CanadaCorporate/Commercial Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Supreme Court Clarifies Class Action Preferability Analysis And Ability To Bring Civil Claims Following The Settlement Of Alleged Regulatory Offences

    Following closely on the heels of its three recent decisions addressing the criteria for certification of class proceedings, the Supreme Court of Canada has further clarified the "preferable procedure" requirement for class certification.
    CanadaCorporate/Commercial Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Flash: Ontario Court of Appeal Decision Fundamentally Changes Corporate Restructuring Landscape

    Indalex Limited's assets were sold in a liquidating proceeding under the federal Companies' Creditors Arrangement Act (the "CCAA").
    CanadaEmployment and HR
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    New Nuclear Liability Regime Passed

    On February 26, 2015, the federal Nuclear Liability and Compensation Act under Bill C-22 received Royal Assent.
    CanadaEnergy and Natural Resources
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Flash: SEC Proposes To Remove Security Rating Eligibility Criteria From Securities Act Registration Statements And To Rescind MJDS Form F-9

    On February 9, 2011, the SEC issued its first proposed rule amendments pursuant to the requirement of the Dodd-Frank Act to remove references to credit ratings in the SEC's rules and forms and replace them with other appropriate criteria.
    CanadaFinance and Banking
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Flash: Indalex: Not Just A Pension Case

    One of the issues that we did not have the space to deal with in our earlier Flash of April 11, 2011 on the Ontario Court of Appeal decision in Re Indalex Limited, 2011 ONCA 265, was the expansive impact that the decision may well have on corporate group insolvencies — and especially ones that are cross-border in nature.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Indalex: Not Just a Pension Case

    One of the issues that we did not have the space to deal with in our earlier Flash of April 11, 2011 on the Ontario Court of Appeal decision in Re Indalex Limited, 2011 ONCA 265, was the expansive impact that the decision may well have on corporate group insolvencies — and especially ones that are cross-border in nature.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    U.S. Treasury Proposes Significant Changes To The Model Tax Treaty And Requests Comments

    On May 20, 2015, the U.S. Treasury Department released proposed changes to the U.S. model tax treaty, which has not been updated since 2006.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    CRA Turns Its Focus To Cryptocurrency Transactions

    The Federal Court (FC) recently authorized the Canada Revenue Agency (CRA) to issue an "unnamed persons requirement" (UPR) to Coinsquare Ltd. for information and documentation relating to users of Coinsquare, a cryptocurrency exchange operating in Canada.
    CanadaTechnology
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP

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