On November 30, 2020, significant changes to Goods and Services Tax (GST) and Harmonized Sales Tax (HST) were proposed in the Federal Finance Minister’s 2020 Fall Economic Update (the “Update”). The new rules, which have very recently come into effect, will affect operators of electronic platforms, non-resident vendors engaged in the sales of digital products [...]
Bill S-216, An Act to enact the Modern Slavery Act and to amend the Customs Tariff, was re-introduced late last year in the Canadian Senate. Bill S-216 is an update of Bill S-211, which was introduced in the previous legislative session but died on the Order Paper when Parliament was prorogued in August 2020. As its [...]
Hazlo Law – Business Lawyers proudly announces that on June 16, 2021 Martin Aquilina, COO and head of the firm’s international law department, was appointed as a member of the Steering Group of the International Contracts Committee of the American Bar Association’s International Law Section for the term running from August 10, 2021 to August [...]
Hazlo Law - Business Lawyers is happy to announce that on April 7, 2021, Martin Aquilina, COO and head of the international law department, joined the Ottawa International Writers Festival’s board of directors. For over a decade, the festival has been celebrating the world’s best writing both locally and internationally through a variety of programming [...]
As a rule, Canadian courts will enforce forum selection clauses. In a recent decision, however, the Ontario Court of Appeal found justification to derive from the general principle. In the case of Quickie Convenience Stores Corp. v. Parkland Fuel Corporation, the appellant (Quickie Convenience Stores) owned and operated a chain of convenience stores, several of [...]
In an effort to increase the flexibility of public and private Ontario corporations, the Government of Ontario proposed to amend the Ontario Business Corporations Act (the “OBCA”) by introducing Bill 213, the Better for People, Smarter for Business Act, 2020 (the “Bill”). Bill 213 seeks to make Ontario a more welcoming province for business. If [...]
Dean Blachford’s 2020 Tax Dispute Resolution Update webinar on November 10, 2020 was attended by 197 accountants. Of the 118 accountants who completed the post-webinar survey, 117 said that they learned something “new that was important to their work”. To view the recording of Dean’s presentation, click HERE. To view the PDF of the PowerPoint [...]
In a previous article, Why Use a Shareholders’ Agreement?, we briefly mentioned drag-along rights as a common way that shareholders can maintain a certain level of control over business decisions. We invite you to read more about tag-along and drag-along clauses, courtesy of Jose Luis Por Cobo Aragoneses of ILP Abogados. https://www.ilpabogados.com/en/tag-along-and-drag-along-clauses/
HazloLaw-Business Lawyers has been listed as a service provider by the High Commission of India. This recognition enables HazloLaw to provide legal services in relation to various issues faced by Indian businesses, as well as to provide advice to the High Commission regarding various facets of Canadian Law. The Firm is published on the website [...]
Introduction On January 9, 2020, the Ontario Court of Appeal released its judgment dismissing the appeal of an order in the case of H.M.B. Holdings Ltd. v. Antigua and Barbuda (Attorney General), [2020] O.J. No. 69. This affirmed the lower court’s decision, which refused to register a judgment of the British Columbia Supreme Court recognizing [...]
Introduction On February 28, 2020, the Supreme Court of Canada released a judgment dismissing a motion to strike pleadings in the judicial saga of Nevsun Resources Ltd. v. Araya, a case relating to alleged violations of the human rights of three Eritrean miners by Nevsun Resources Ltd. (“Nevsun”) through the actions of entities controlled by [...]
The Ottawa Board of Trade has featured Dean Blachford, tax dispute resolution and litigation lawyer with HazloLaw – Business Lawyers, on page 32 of its spring edition of CAPITAL Magazine. The article was written pre-COVID-19, but Dean’s advice is as relevant and sage now as it was then. To view the article, click here and [...]
In an effort to help businesses avoid permanently laying off their employees, the Ontario government will be temporarily amending labour laws under the Employment Standards Act. This decision, announced on Monday, June 1, is made amidst fears the severance costs that would otherwise be payable by law would put many businesses that are struggling to [...]
On Saturday, May 30th at 4:30pm IST, Martin Aquilina, COO and International Lawyer of HazloLaw, was a panelist at the Big Hairy Audacious Forum (BHAF) 2020 Virtual Conference hosted by Corporate Connections India. Martin’s panel was titled Going Big on Business Beyond Borders - A panel on International Trade Relations. Joined by experts such as [...]
On Friday, May 29, Martin Aquilina, COO and International Lawyer at HazloLaw, was the featured expert speaker at a webinar titled, Having Confidence doing business abroad: Tips, Tricks and Traps from an International Law Expert under the Corporate Connections speaker series. Martin addressed questions concerning the right structures for international operations, contractual agreements, and the [...]
On May 21, 2020, Martin Aquilina, COO and head of the International Law department at HazloLaw, attended the “Table-ronde: Agents de spectacles et diffuseurs : des contrats à réécrire”, presented via Zoom. The discussion pertained to force majeure in the current COVID-19 context and the legal effects on the relationship between artists and promoters. It [...]
In our last article, we announced that on March 20, 2020, the Ontario Government filed an Order under subsection 7.1(2) of the Emergency Management and Civil Protection Act, stating that any statute, regulation, rule, by-law or order of the Government of Ontario that establishes a limitation period OR establishes any period of time within which [...]
Dean Blachford, Tax Litigation Lawyer Alexander Krush, Articling Student What are Gross Negligence Penalties? When the CRA conducts an audit and believes that the taxpayer intentionally under-reported their taxes, they will assess the taxpayer a gross negligence penalty. The financial impact of these penalties can be staggering. For income tax, the gross negligence penalty equals [...]
In the midst of the COVID-19 pandemic, business owners are having to make incredibly difficult decisions about how they allocate their precious financial resources. In order that business owners can make informed decisions that are in the best long-term interest of themselves and their families, it is critical that they fully understand the extent of [...]
Following announcements regarding the suspension of regular operations of Ontario courts amid the COVID-19 pandemic, the Ontario Government has made an order (the “Order”) suspending limitation periods and procedural deadlines in Ontario proceedings. On March 20, 2020, the Ontario Government filed the Order under subsection 7.1(2) of the Emergency Management and Civil Protection Act, which [...]
The Safe Food for Canadians Act (the “SFCA”) and the Safe Food for Canadians Regulations (the “SFCR”) came into force on January 15, 2019. Together, they create a framework of standards and requirements to ensure that food imported into Canada is safe.[1] These standards and requirements apply to all persons, including foreign food businesses, that [...]
On Friday, March 13, 2020, after months of delays, the Canadian Parliament passed legislation to ratify the U.S.-Mexico-Canada Agreement (“USMCA”) on trade, making Canada the third and final country needed to ratify – Mexico ratified it on June 19, 2019 and the U.S. ratified it on January 29, 2020. The USMCA replaces and seeks to [...]
In light of the recent spikes of COVID-19 cases in the province, and more locally, in Ottawa, HazloLaw is taking measures to ensure the health and the well-being of our team and clients as advised by the relevant government agencies and medical experts in the field. It is important for us that our clients know [...]
On October 30, 2016, Canada, the European Union (EU), and the EU’s member states (Member States) signed the Comprehensive Economic and Trade Agreement, or CETA. The Investor Court System (ICS) regime of CETA’s Chapter Eight will ideally settle dispute between foreign investors and Member States or Canada. In the meantime, the envisioned ICS system has [...]
[This article is an update to our last article, “Art Law: Immunity from Seizure for Foreign Art in Canada” available here. Canadian museums, art galleries and other cultural or educational institutes rely on the provincial government for the protection against seizure of international works of art and cultural objects. This sort of immunity from seizure [...]
The Voluntary Disclosure Program (“VDP”) allows taxpayers to disclose incomplete or inaccurate information regarding their previous income tax filings in exchange for relief from criminal prosecution, penalties and interest. While the taxpayer is still left paying the tax, they can save significant amounts of penalties and interest, while relieving themselves of the stress of being [...]
On February 6, 2020, Dean Blachford, Tax Disputes Resolution and Litigation Lawyer of HazloLaw-Business Lawyers, hosted and moderated the annual CPA Ottawa's 2020 Tax Update panel. The CPA Ottawa’s Annual Tax Update has become a trusted source of information and trending issues in the field. HazloLaw–Business Lawyers was proud to support CPA Ottawa with its [...]
On January 15, 2020, Martin Aquilina, COO and International Lawyer of HazloLaw-Business Lawyers, attended the Hyman Soloway Annual Memorial Lecture, International Arbitration and Globalization: The Battle between Private “Justice” and Public Law. The speaker, Howard Mann, Senior International Law Advisor, was engaging and the contents were highly informative. One major take-away was his discussion on [...]
The Canadian Food Inspection Agency (the “CFIA”) is the entity responsible for food regulation, animal and plant health and safety in Canada. The existing food control system was however developed prior to the creation of the CFIA, at a time where food technology was less evolved and supply chains were simple. As food technology has [...]
Pure Economic Loss in Canada The concept of pure economic loss refers to the loss suffered by an individual, other than loss stemming from physical injury or damage to property. Common law jurisdictions have long struggled with assessing pure economic loss stemming from negligence claims. Canada diverged from English law in the Supreme Court of [...]
Introduction International lis alibi pendens (“lis pendens”) applies to proceedings in two different jurisdictions that involve the same cause of action between the same parties. A party in such a situation may contest the jurisdiction of the second seized court thereby causing the court to halt the proceedings before it. The purpose behind lis pendens [...]
Overview of CETA and the Impugned Provisions On October 30, 2016, Canada, the European Union (the “EU”), and the EU’s member states (the “Member States”) signed the Comprehensive Economic and Trade Agreement, or CETA.[i] CETA’s overarching goal is to facilitate trade between Canada and Europe by eliminating tariffs, harmonizing regulation systems, protecting geographically indicated product [...]
The recent Ontario Superior Court of Justice’s (“ONSC”) decision Dead End Survival, LLC v. Marhasin[1] lifts all doubt regarding the enforceability of foreign courts’ trademark decisions in Canada. Dead End Survival, LLC, a Michigan-based manufacturer of survival gear, sought to enforce in Canada a judgment of the Georgia District Court against Mr. Georgi Marhasin. The [...]
Introduction to Reciprocal Enforcement of Judgments in Canada In Canada, the enforcement of foreign judgments constitutionally falls within the jurisdiction of the provinces. As such, the procedures and requirements to obtain recognition of foreign judgments in Canada are not uniform throughout the country. While it has possible to have judgments recognized though the rules of [...]
Businesses operating in Quebec that display on outdoor signage a trademark that is not in French and which is not accompanied by a French generic term, slogan or description have until November 24, 2019 to comply with the new rules requiring a “sufficient presence of French”. A well-known example of this is “Café Starbucks”. On [...]
HazloLaw-Business Lawyers’ COO and International Lawyer, Martin Aquilina, attended the 14th International M&A Conference sponsored RWP Rechtsanwälte in Versailles, France. The conference, which took place on November 1-3, 2019, offered a broad range of qualified speakers from different countries to discuss national laws that are to be taken into consideration when dealing with transactions involving [...]
Martin Aquilina, COO and International Lawyer of HazloLaw-Business Lawyers took part in the Canadian Association of International Development Professionals (CAIDP) 2019 Conference, Development Cooperation in the Age of Disruption. Joined by other professionals in the industry, Martin’s panel section focused on implementing and enforcing successful codes of ethics in a world currently riddled with sexual [...]
The International Chamber of Commerce recently released an updated version of their international trade terms, which take effect on January 1st, 2020. If you would like to know more, we invite you to read Christian Siviere's article here: https://www.insidelogistics.ca/import-export-and-trade/the-incoterms-2020-update-156806/
On October 2nd, 2019 the Ottawa Business Journal published a feature article on Martin Aquilina, COO and International Lawyer of HazloLaw-Business Lawyers. For more than almost two decades, the Ottawa Business Journal has been the national capital's leading source of business news and information - it is tailored to business managers, owners, professionals and executives. [...]