This Valentine’s Day signifies another year of recovery from the Global Financial Crisis (“GFC”) in markets around the world. Although there are some promising economic signs, part of the recovery is much less romantic and more about pointing fingers. There has been a wave of white-collar crime cases directed at those alleged to have acted [...]

As many readers are likely aware, the Minister of National Revenue (the “Minister”) has very significant tax collection powers and employs them often. A quick look at the more recent convictions in the province of Ontario makes that clear. In fact, under certain circumstances, the Minister has the power to garnish a person’s paycheque or [...]

In the spirit of increased collegiality and collaboration within the Canadian legal blogging community, LawisCool.com and TheCourt.ca have set aside their heated rivalry to bring you their first ever joint posting. What follows is a commentary on the interesting case of Piedra v. Copper Mesa Mining Corporation, 2010 ONSC 2421. Commentator for LawisCool.com: Omar Ha-Redeye, [...]

On April 1st, 2010, the Supreme Court of Canada granted leave to appeal to I-Trade Finance Inc. v. Bank of Montreal. In a nutshell, financing was obtained from an innocent party through fraudulent means. These assets were then used to obtain credit from a second innocent party. After the fraud was discovered, there were insufficient assets to [...]

The only surprising thing about the recent Supreme Court of Canada decision in Quebec (Revenue) v. Caisse populaire Desjardins de Montmagny, 2009 SCC 49, is that the Quebec Superior Court at first instance found in favour of the Crown in all three cases from which the appeals arose. The issue in C.P. Desjardins de Montmagny [...]

It is trite to say that the banking industry and the insurance industry have been staples of the Canadian economy for over a century. One would assume that by now Canadian law would be clear on where the regulation of these industries falls in the constitutional division of powers. Banking, after all, has been expressly [...]