The Appeal of H.M.B. Holdings Ltd. v. Antigua and Barbuda: Reloading “Ricochet Judgments”

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 [...]

By |2020-06-26T15:40:34-04:00June 26, 2020|Articles, International Law, Martin Aquilina, Uncategorised|

Nevsun Resources Ltd. v. Araya and Customary International Law: the Phoenix Reborn in Canada

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 [...]

By |2020-06-26T10:44:41-04:00June 26, 2020|Articles, International Law, Martin Aquilina, Uncategorised|

How to Avoid and Refute CRA Gross Negligence Penalties

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 [...]

By |2020-04-09T13:48:56-04:00April 9, 2020|Articles, Dean Blachford, Tax Litigation, Uncategorised|