Dispute Resolution

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Super Priority or Super Powers? FCA Rules That CRA Can Collect Unremitted GST on Proceeds of Third-Party Secured Interest [21]

May 20, 2020 – In The Toronto-Dominion Bank v Queen (2020 FCA 80), the Federal Court of Appeal (FCA) confirmed a Federal Court (FC) decision and ruled that a secured creditor had a statutory obligation to pay the Canada Revenue Agency (CRA) for a tax debt of an arm’s-length borrower because the secured creditor…

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Canada’s Top Court Provides Crucial Guidance on the Conduct of Insolvency Proceedings[22]

May 08, 2020 – The Supreme Court of Canada delivered its reasons today in 9354-9186 Québec inc. v Callidus Capital Corp., 2020 SCC 10, after having unanimously allowed the appeals from the bench on January 9, 2020. Davies represented the principal – and successful – appellants in this matter.1 In its reasons,…

In the News

Jean-Philippe Groleau Speaks to La Presse on Tracing Individuals with COVID-19[23]

May 07, 2020 – With Ottawa and some provincial governments considering a national strategy to track Canadians infected with COVID-19 using geolocation technology, La Presse featured Jean-Philippe Groleau for his insights on the legal and constitutional questions that such a strategy might raise. In the article…

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Foreign Public Issuers Take Note: Québec Court Dismisses Securities Class Action for Lack of Jurisdiction[24]

Apr. 22, 2020 – In Chandler v Volkswagen Aktiengesellschaft, the Superior Court of Québec recently dismissed a securities class action brought against Volkswagen Aktiengesellschaft (VW). It did so even though the Court had previously dismissed VW’s jurisdictional arguments at the authorization (certification)…

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COVID-19 Insurance Related Considerations – Business Interruption Coverage Update[25]

Apr. 03, 2020 – In an article posted to our website on March 18, 2020, we discussed the potential for the recovery of property and business interruption losses arising from the COVID-19 epidemic. Our advice then was that while the pandemic would likely be considered a fortuity, it was uncertain whether, in the…

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