2011-03

The CBA has won an important victory for solicitor-client privilege. When the federal government released details of its new reporting regime for aggressive tax planning last August that would require every “advisor” to report “reportable transactions,” the CBA objected on the grounds that solicitor-client privilege and independence of the legal profession would be compromised.

Letter to Minister
Submission
Response from Minister

COMMERCIAL LITIGATION

Gone fishing: Letters rogatory applications will not be rubber-stamped
By Todd Burke and Jahmiah Ferdinand-Hodkin, Gowlings LLP

The Ontario Court of Appeal recently confirmed that although the basic principle of comity of nations applies, in order to compel evidence or testimony from an Ontario witness for a foreign proceeding, the applicant’s evidence must satisfy the six requirements in Re Friction.

COMPETITION LAW

Recent civil enforcement activities by the Competition Bureau
By Leslie Milton, Fasken Martineau LLP

A look at recent enforcement activities highlighting the scope of civil provisions of the Competition Act in relation to mergers, restrictive practices and misleading marketing activities.

Navigating the per se prohibition minefield - How competition law reforms have impacted common business agreements and relationships
By Eric Dufour and Mark Paciocco, Borden Ladner Gervais LLP

One the most significant changes to the Competition Act introduced in 2009 was a new and inclusive per se criminal conspiracy offence that prohibits agreements between competitors to fix prices, restrict output or allocate markets.

Competition Act merger review – Under the threshold but not under the radar screen
By Mark Katz, Davies Ward Phillips & Vineberg LLP

A recent merger challenge initiated by the Commissioner of Competition highlights a potentially worrisome development for parties contemplating acquisitions in Canada.

TAX LAW

Coming clean to the CRA: An Introduction to the Federal Voluntary Disclosures Program
By Michael Friedman and Ashley Palmer, McMillan LLP

Subject to certain qualifying conditions, the VDP can be utilized by individuals, trusts, corporations and other juridical entities to disclose previously unreported domestic or foreign income or assets, including undisclosed offshore bank accounts.

M & A

Infrastructure M & A: Flurry of deals anticipated
By Daryl-Lynn Carlson

Look for infrastructure projects to set the pace for much of the significant M & A activity this year, leading practitioners predict.

Special committee process: Lessons from Magna
By Conrad McCallum

M & A lawyers see important lessons in the final reasons of the OSC in the Magna case, including takeaways on what a special committee needs to consider when it reviews an arrangement.

INTELLECTUAL PROPERTY

Amazon.com’s "single action ordering" patent application and the patenting of "business methods" in Canada
By Steven B. Garland, Colin B. Ingram, John R. Morrissey, Smart & Biggar

The patentability of “business methods” has garnered a significant amount of attention of late in view of recent court decisions in the United States (In re Bilski) and in Canada (Amazon.com).

Supreme Court weighs in on the authority of the Patented Medicine Prices Review Board
By Angela Furlanetto and Tom Kurys, Dimock Stratton LLP

The Supreme Court of Canada has ruled on a decision of the Patented Medicine Prices Review Board for the first time, in Celgene Corp. v. Canada (Attorney General).

On CBA.org

• CBA Advocacy, Vol. 6, 2011, now online.

• Discussion paper on solicitor-client privilege: Challenges for the 21st Century.

• Commentary on MEGs Consultation: Submission to Competition Bureau.

• Letter to Finance Minister Re: Registered Pension Plans for Self-Employed Individuals.

• CBA Submissions on: Income Tax Act–Real Estate Investment Trusts; IRPRegs (Mandatory Language Testing); PEI Pensions Benefits Act.

NATIONAL MAGAZINE

Northern exposure
A battle is shaping up between Canada and her Arctic neighbours as climate change raises the stakes for the future of the Northwest Passage.

With this decision
A surprising Quebec ruling on alimony for common-law couples exposes the tension between personal choice and protecting the vulnerable. Also, an interview with winning counsel Anne-France Goldwater.

The clean-tech fast track
A new approach for patenting green technology could deliver a much-needed boost to the industry in Canada.

Horizons: Future of the legal profession
Canadian law firms are thriving post-recession, but industry watchers warn that more threats loom on the horizon.

The law of secession
In 2010, the International Court of Justice ruled in favour of Kosovo’s independence, and last month South Sudan voted on its independence. Canada, it seems, is no longer alone in shaping the debate in the legality of secession.

This month's online law practice supplements:

• Make it Happen
• Brand Building 101

And more!

PROFESSIONAL DEVELOPMENT

Fulfill your professional development requirements while sharpening essential corporate and litigation skills with the CBA Skilled Lawyers Series.

2011 National Charity Law Symposium
May 6, 2011

2011 Tax Law for Lawyers Conference
May 29-June 2, 2011

For all PD programs, visit the CBA Professional Development website.

MEMBER INFORMATION

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ABOUT THIS BULLETIN

This email is produced by National magazine, the official magazine of the Canadian Bar Association. The views expressed in the articles are solely the views of the authors, and do not necessarily represent the views of the CBA.

E-Publications editor:
Conrad McCallum

Production:
Rose Steele

Recent issues of the Business and Corporate Edition:

• December 2010
• September 2010
• June 2010

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