On December 4th, the Tax Court of Canada released its decision in GE Capital v. The Queen 2009 TCC 563, dealing with transfer price deductions. GE Capital was anticipated as a major decision relating to transfer pricing and inter-company financial transactions. Consequently, the court conducted a thorough analysis of the different transfer pricing methodologies and [...]

The metaphorical glass ceiling has closed in again. This time, it is the Olympic aspirations of female ski jumpers that has been crushed by a male-biased system that limits the opportunities for female advancement. Last Friday, the British Columbia Court of Appeal released its written reasons in Sagen v. Vancouver Organizing Committee for the 2010 [...]

Introduction In light of Justice Sotomayor’s recent comments during oral arguments in Citizen United v. Federal Election Commission, it may be useful to consider the state of the corporation as a distinct legal entity. On September 9, 2009, Justice Sonia Sotomayor made the following remark in her question to Mr. Abrams: “Because what you are suggesting is [...]

In the past two years, a number of major media acquisitions have transpired in Canada including CTVglobemedia’s purchase of CHUM, CanWest’s purchase of Alliance Atlantis, and Astral Media’s purchase of Standard Broadcasting. In response to this continuous consolidation, various media activist groups have emerged to voice their concerns and dissatisfaction. Among these groups is the [...]

Attention all hockey fans! The British Columbia Court of Appeal recently released a decision involving the Vancouver Canucks, a team in the National Hockey League. Blue Line Hockey Acquisition Co., Inc. v. Orca Bay Hockey Limited Partnership looks at the nature of a partnership in the context of one’s purchase of the Vancouver Canucks. In [...]

On Friday December 19, 2008 the SCC released its eagerly anticipated decision in BCE Inc. v. 1976 Debentureholders, 2008 SCC 69. I began to appreciate the magnitude of the BCE decision — which contemplated Canada’s largest ever corporate takeover — while sitting in my research librarian’s office at 4:30 pm on June 20, 2008, the [...]

On September 2, 2008, various holders of Asset Back Commercial Paper notes, sought leave to appeal to the Supreme Court of Canada in Re Metcalfe & Mansfield Alternative Investments II Corp. following the Ontario Court of Appeal’s approval of a Plan of Compromise and Agreement, which takes away the ABCP holders’ rights to sue third [...]

After the Supreme Court of Canada’s decision in BCE Inc., et al. v. A Group of 1976 Debentureholders in June, newspaper business pages across the nation were once more reminded that the Supreme Court exists and is relevant to the financial news which they cover. Now, once more, the media is abuzz over a big-money [...]

The Deal Gets Approval On June 20th, 2008 the Supreme Court of Canada (SCC) over-turned the Quebec Court of Appeal (QCA) and held that the plan of arrangement taking BCE Inc. (BCE) private did not improperly neglect a subsidiary’s (Bell Canada) bondholders’ interests. The heavily leveraged ($30B) buy-out of shareholders claims ($51.7B) will proceed next [...]

On October 12, 2007, the SCC released judgment in the case of Kerr v. Danier Leather Inc., 2007 SCC 44. This securities law case has been discussed by Yu-Sung Soh in a post on October 18, 2007. His post primarily deals with statutory interpretation within the context of potential prospectus misrepresentation, including the difference between [...]