Business
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August 27, 2024
Alberta Court of Appeal grants leave in marshalling case involving $20M promissory note
In what it described as a significant appeal for the "development of the equitable doctrine of marshaling," the Alberta Court of Appeal has granted leave in a bankruptcy case involving a lender's bid to partially recover a $20 million promissory note.
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August 27, 2024
Mortgage fraud and the balancing of interests
The prevalence of real estate title and mortgage fraud in recent years has led to situations where a court is faced with a balancing of interests between innocent parties. In Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan, 2024 ONSC 4481, an innocent lender’s mortgage was held to be enforceable notwithstanding the arguments of the home owner that she was an innocent victim of a title fraud.
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August 27, 2024
Federal Court of Appeal overturns contempt ruling against Canadian Pacific, citing lack of intent
The Federal Court of Appeal has held that violations of rest provisions in a registered labour agreement by Canadian Pacific Railway did not constitute contempt in the absence of intent.
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August 26, 2024
Ottawa poised to further tighten restrictions on hiring temporary foreign workers
The federal government says it will soon expand restrictions on the number of temporary foreign workers that employers in Canada may hire, including reducing from 20 per cent to 10 per cent the percentage of their total workforce for which employers may hire temporary foreign workers and cutting from two years to one the maximum period for which “low-wage stream” workers may be hired.
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August 26, 2024
Canada to implement 100% surtax on Chinese EVs to address ‘extraordinary threat’
Canada is bringing measures to implement a 100 per cent surtax on all Chinese-made electric vehicles (EVs) as Chinese producers “benefit from unfair, non-market policies and practices,” making the Canadian auto sector and workers face “unfair competition.”
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August 26, 2024
Ontario Court of Appeal upholds denial of $44 million class counsel fee in mega-fund settlement
The Ontario Court of Appeal dismissed an appeal by class counsel seeking $44 million as class counsel fees in a class action settled for $153 million, finding that an award of $25 million as fees was fair and reasonable.
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August 26, 2024
Feds release draft of Canada’s Ocean Noise Strategy for public feedback
Canada has released a draft version of Canada’s Ocean Noise Strategy said to help understand and better mitigate ocean noise as it will help protect and further preserve important marine ecosystems.
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August 26, 2024
Rebuilding Ontario Place allowed to proceed
Courts play a vital role in maintaining a check and balance on the actions of government. Indeed, courts have made many landmark rulings that have found various actions of government to be unconstitutional or in breach of our Charter of Rights and Freedoms.
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August 23, 2024
Federal Court rejects immigration officer’s flawed, ‘generic’ analysis of kids’ best interests
Addressing a recurrent error in decisions by immigration officers, the Federal Court has ruled that an immigration officer’s “effectively generic” analysis of the best interests of three children who risk being sent to Nigeria with their Nigerian parents “fatally flaws” the officer’s decision to reject the family’s application for permanent residence in Canada on humanitarian and compassionate (H&C) grounds.
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August 23, 2024
Court: PC Bank can claim tax credits for payments to Loblaws on points redemptions
Loblaw’s financial services arm can claim notional input tax credits (NITCs) for redemption payments made to Loblaws when consumers use their credit card points to make purchases, the Federal Court of Appeal has held.